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c. 45.

5 & 6 of damages to the like amount may be brought and proVict.

secuted there.

XVI. And be it enacted, That after the passing of this In actions act, in any action brought within the British dominions for piracy against any person for printing any such book for sale, ant to give hire, or exportation, or for importing, selling, publishing, notice of the objec

or exposing to sale or hire, or causing to be imported, tions to the sold, published, or exposed to sale or hire, any such book, plaintiff's title on

the defendant, on pleading thereto, shall give to the plainwhich he

tiff a notice in writing of any objections on which he means to rely. means to rely on the trial of such action ; and if the na

ture of his defence be, that the plaintiff in such action was not the author or first publisher of the book in which he shall by such action claim copyright, or is not the proprietor of the copyright therein, or that some other person than the plaintiff was the author or first publisher of such book, or is the proprietor of the copyright therein, then the defendant shall specify in such notice the name of the person who he alleges to have been the author or first publisher of such book, or the proprietor of the copyright therein, together with the title of such book, and the time when and the place where such book was first published, otherwise the defendant in such action shall not at the trial or hearing of such action be allowed to give any evidence that the plaintiff in such action was not the author or first publisher of the book in which he claims such copyright as aforesaid, or that he was not the proprietor of the copyright therein; and at such trial or hearing no other objection shall be allowed to be made on behalf of such defendant than the objections stated in such notice, or that any other person was the author or first publisher of such book, or the proprietor of the copyright therein, than the person specified in such notice, or give in evidence in support of his defence any other book than one substantially corresponding in title, time, and place of publication with the title, time, and place speci

fied in such notice. No person XVII. And be it enacted, That after the passing of except the proprie

this act it shall not be lawful for any person, not being

c. 45.

under pen

the proprietor of the copyright, or some person authorized by him, to import into any part of the United Kingdom, Vict. or into any other part of the British dominions, for sale or hire, any printed book first composed or written or tor, &c. printed and published in any part of the said United shall im

port into Kingdom, wherein there shall be copyright, and reprinted the British in any country or place whatsoever out of the British do- dominions

for sale or minions; and if any person, not being such proprietor or hire any person authorized as aforesaid, shall import or bring, or composed, cause to be imported or brought, for sale or hire, any

&c. within

the United such printed book, into any part of the British domin- Kingdom, ions, contrary to the true intent and meaning of this act, ed else

and reprintor shall knowingly sell, publish, or expose to sale or let to where, hire, or have in his possession for sale or hire, any such alty of book, then every such book shall be forfeited, and shall forfeiture

thereof, and be seized by any officer of customs or excise, and the also of 101.

and double same shall be destroyed by such officer; and every per- the value. son so offending, being duly convicted thereof before two

Books may justices of the peace for the county or place in which be seized

by officers such book shall be found, shall also for every such offence of customs forfeit the sum of ten pounds, and double the value of or excise. every copy of such book which he shall so import or cause to be imported into any part of the British dominions, or shall knowingly sell, publish, or expose to sale or let to hire, or shall cause to be sold, published, or exposed to sale or let to hire, or shall have in his possession for sale or hire, contrary to the true intent and meaning of this act, five pounds to the use of such officer of customs or excise, and the remainder of the penalty to the use of the proprietor of the copyright in such book.

XVIII. And be it enacted, That when any publisher As to the or other person shall, before or at the time of the passing copyright of this act, have projected, conducted, and carried on, or pædias, peshall hereafter project, conduct and carry on, or be the riodicals proprietor of any encyclopædia, review, magazine, peri- published odical work, or work published in a series of books or reviews, or parts, or any book whatsoever, and shall have employed magazines. or shall employ any persons to compose the same, or any volumes, parts, essays, articles, or portions thereof, for

c. 45.

5&6 publication in or as part of the same, and such work, Vict.

volumes, parts, essays, articles, or portions shall have been or shall hereafter be composed under such employment, on the terms that the copyright therein shall belong to such proprietor, projector, publisher, or conductor, and paid for by such proprietor, projector, publisher, or conductor, the copyright in every such encyclopædia, review, magazine, periodical work, and work published in a series of books or parts, and in every volume, part, essay, article, and portion so composed and paid for, shall be the property of such proprietor, projector, publisher, or other conductor, who shall enjoy the same rights as if he were the actual author thereof, and shall have such term of copyright therein as is given to the authors of books by this act; except only that in the case of essays, articles, or portions forming part of and first published in reviews, magazines, or other periodical works of a like nature, after the term of twenty-eight years from the first publication thereof respectively the right of publishing the same in a separate form shall revert to the author for the remainder of the term given by this act: provided always, that during the term of twenty-eight years the said proprietor, projector, publisher, or conductor shall not publish any such essay, article, or portion separately

or singly without the consent previously obtained of the Proviso for author thereof, or his assigns: provided also, that nothing authors who have

herein contained shall alter or affect the right of any reserved

person who shall have been or who shall be so employed the right of publishing as aforesaid to publish any such his composition in a septheir arti

arate form, who by any contract, express or implied, may cles in a separate have reserved or may hereafter reserve to himself such form.

right; but every author reserving, retaining, or having such right shall be entitled to the copyright in such composition when published in a separate form, according to this act, without prejudice to the right of such proprietor,

projector, publisher, or conductor as aforesaid. Proprietors

XIX. And be it enacted, That the proprietor of the of encyclo- copyright in any encyclopædia, review, magazine, periodpædias, pe. riodicals,

ical work, or other work published in a series of books

C. 45.

or parts, shall be entitled to all the benefits of the regis- 5&6 tration a Stationers' Hall under this act, on entering in

Vict. the said book of registry the title of such encyclopædia, review, periodical work, or other work published in a and works series of books or parts, the time of the first publication published of the first volume, number, or part thereof, or of the first may enter number or volume first published after the passing of this at once at act in any such work which shall have been published Hall, and heretofore, and the name and place of abode of the pro- have the prietor thereof, and of the publisher thereof, when such benefit of

the regispublisher shall not also be the proprietor thereof.

tration of XX. And whereas an act was passed in the third year

the whole. of the reign of his late Majesty, to annend the law relating sions of 3 & to dramatic literary property, and it is expedient to ex- 4 W. IV. tend the term of the sole liberty of representing dramatic tended to

musical pieces given by that act to the full time by this act pro

composivided for the continuance of copyright : and whereas it is tions, and expedient to extend to musical compositions the benefits tbe lern of of that act, and also of this act; be it therefore enacted, as provided That the provisions of the said act of his late Majesty, applied to and of this act, shall apply to musical compositions, and the liberty that the sole liberty of representing or performing, or senting dra causing or permitting to be represented or performed, any and musidramatic piece or musical composition, shall endure and cal compo

sitions. be the property of the author thereof, and his assigns, for the term in this act provided for the duration of copyright in books; and the provisions hereinbefore enacted in respect of the property of such copyright, and of registering the same, shall apply to the liberty of representing or performing any dramatic piece or musical composition, as if the same were herein expressly enacted and applied thereto, save and except that the first public representation or performance of any dramatic piece or musical composition shall be deemed equivalent, in the construction of this act, to the first publication of any book : provided always, that in case of any dramatic piece or musical composition in manuscript, it shall be sufficient for the person having the sole liberty of representing or performing, or causing to be represented or performed the

c. 45.

c. 15.

5 & 6 same, to register only the title thereof, the name and place Vict.

of abode of the author or composer thereof, the name and place of abode of the proprietor thereof, and the time and

place of its first representation or performance. Proprietors XXI. And be it enacted, That the person who shall at of right of dramatic any time have the sole liberty of representing such drarepresenta: matic piece or musical composition shall have and enjoy have all the the remedies given and provided in the said act of the given by 3 third and fourth years of the reign of his late Majesty & 4 W. IV. King William the Fourth, passed to amend the laws re

lating to dramatic literary property, during the whole of his interest therein, as fully as if the same were re-enacted

in this act. Assign- XXII. And be it enacted, That no assignment of the ment of copyright copyright of any book consisting of or containing a draof a drama: matic piece or musical composition shall be holden to tic piece not to convey

convey to the assignee the right of representing or per

of representa forming such dramatic piece or musical composition, untion. less an entry in the said registry book shall be made of

such assignment, wherein shall be expressed the intention of the parties that such right should pass by such assign

ment. Books pi.

XXIII. And be it enacted, That all copies of any book rated shall become the wherein there shall be copyright, and of which entry shall property of have been made in the said registry book, and which the proprietor of the

shall have been unlawfully printed or imported without and may be the consent of the registered proprietor of such copyright, recovered

in writing under his hand first obtained, shall be deemed by action,

to be the property of the proprietor of such copyright, and who shall be registered as such, and such registered proprietor shall, after demand thereof in writing, be entitled to sue for and recover the same, or damages for the detention thereof, in an action of detinue, from any party who shall detain the same, or to sue for and recover dam

ages for the conversion thereof in an action of trover. No proprie- XXIV. And be it enacted, That no proprietor of copytor of copyright com right in any book which shall be first published after the mencing after this act shall sue or proceed for any infringement before making entry in the book of registry.

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