VI. And be it further enacted by the Authority aforesaid, That this Act Public Act. shall be deemed, adjudged, and taken to be a Public Act, and be judicially taken notice of as such by all Judges, Justices, and other Persons whatsoever, without specially pleading the same.1 THE ENGRAVING COPYRIGHT ACT, 1766. 7 GEO. III. c. 38. An Act to amend and render more effectual an Act made in the Eighth I. 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 Arts of Designing, Engraving, and Etching Historical and other Prints, by vesting the Properties thereof in the Inventors and Engravers, during the time therein mentioned, has been found ineffectual for the Purposes thereby intended: Be it enacted, That from and after the First Day of January One thousand seven hundred and sixty-seven, all and every Person and Persons who shall invent or design, engrave, etch, or work in Mezzotinto or Chiaro Oscuro, or, from his own Work, Design, or Invention, shall cause or procure to be designed, engraved, etched, or worked in Mezzotinto or Chiaro Oscuro, 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, shall have, and are hereby declared to have, the Benefit and Protection of the said Act, and this Act, under the Restrictions and Limitations herein-after mentioned. II. And from and after the said First Day of January One thousand seven hundred and sixty-seven, all and every Person and Persons who shall 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, shall have, and are hereby declared to have, the Benefit and Protection of the said Act, and this Act, for the Term herein-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 if any Person shall engrave, print and publish, or import for Sale, any Copy of any such Print, contrary to the true Intent and Meaning of this and the said former Act, every such Person shall be liable to the Penalties contained in the said Act, to be recovered as therein and herein-after is mentioned. III. And whereas William Hogarth, late of the City of Westminster, Painter and Graver, did etch and engrave, and cause to be etched and engraved, several Prints from his own Invention and Design, the Property and sole Right of vending all such Prints being secured to him the said 8, G 2. The original Invensigners, or Engravers, &c., of tors, De Historical and other Prints, and such who shall cause Prints to be done from Works, &c., of their own Invention, and also such as shall en grave, &c., any Print taken from any Picture, Drawing, Model, or Sculpture, are entitled Benefit and Protection to the of the recited and present Act; and those who shall engrave or import for Sale Copies of such Prints are liable to Penalties. U The sole Right of printing and reprinting William Hogarth for the Term of Fourteen Years from their first Publication, by the said former Act of Parliament; which said Property, by his last Will, became vested in his Widow and Executrix : And whereas since the first Publication of several of the said Prints, the Term of Fourteen Years is the late W. expired, and several base Copies of the same have been since printed and Hogarth's vested in his Widow and Execu trix for the Term of 20 years. published, whereby the Sale of the Originals has been considerably lessened, to the great Detriment of the said Widow and Executrix: And whereas since the Publication of others of the said Prints, the Term of Fourteen Years is now near expiring: Be it enacted by the Authority aforesaid, That Jane Hogarth, Widow and Executrix of the said William Hogarth, shall have the sole Right and Liberty of printing and reprinting all the said Prints, Etchings, and Engravings, of the Design and Invention of the said William Hogarth, for and during the Term of Twenty Years, to commence from the said First Day of January One thousand seven hundred and sixtyseven; and that all and every Person and Persons who shall at any Time hereafter, before the Expiration of the said Term of Twenty Years, engrave, etch, or work in Mezzotinto or Chiaro Oscuro, or otherwise copy, sell, or expose to Sale, or cause or procure to be etched, engraved, or worked in MezzoExpiration tinto or Chiaro Oscuro, any of the said Works of the said William Hogarth, shall be liable to the Penalties and Forfeitures contained in this and the said former Act of Parliament; to be recovered in like Manner as in and by this and the said former Act are given, directed, and appointed.1 Penalty of any before the of the said Term; such Copies were made and ex IV. Provided nevertheless, That the Proprietor or Proprietors of such excepted as of the Copies of the said William Hogarth's Works, which have been copied and printed, and exposed to Sale, after the Expiration of the Term of Fourteen Years from the Time of their first Publication by the said William Hogarth, and before the said First Day of January, shall not be liable or of 14 Years, subject to any of the Penalties contained in this Act; anything herein-before contained to the contrary thereof in anywise notwithstanding.2 posed to Sale after the Term for which the said Works were first licensed, &c. Penalties may be sued for as by the recited Act is directed; and be recovered with full Costs; provided the Prosecution be commenced within 6 months after the Fact. V. And all and every the Penalties and Penalty inflicted by the said Act, and extended, and meant to be extended, to the several Cases comprised in this Act, shall and may be sued for and recovered in like Manner, and under the like Restrictions and Limitations, as in and by the said Act is declared and appointed; and the Plaintiff or common Informer in every such Action (in case such Plaintiff or common Informer shall recover any of the Penalties incurred by this or the said former Act) shall recover the same, together with his full Costs of Suit. VI. Provided also, That the Party prosecuting shall commence his Prosecution within the Space of Six Calendar Months after the Offence committed. VII. And the sole Right and Liberty of printing and reprinting intended to be secured and protected by the said former Act and this Act, The Right shall be extended, continued, and be vested in the respective Proprietors, intended to for the Space of Twenty-eight Years, to commence from the Day of the first Publishing of any of the Works respectively herein-before and in the said former Act mentioned. be secured by this and the former prietors for from the VIII. And if any Action or Suit shall be commenced or brought against Act, vested any Person or Persons whatsoever for doing, or causing to be done, anything in the Proin pursuance of this Act, the same shall be brought within the Space of Six the Term of Calendar Months after the Fact committed; and the Defendant or Defendants 28 Years in any such Action or Suit shall or may plead the General Issue, and give first Pubthe Special Matter in Evidence; and if, upon such Action or Suit, a Verdict lication. shall be given for the Defendant or Defendants, or if the Plaintiff or Plaintiffs Limitation become nonsuited, or discontinue his, her, or their Action or Actions, then the of Actions. Defendant or Defendants shall have and recover full Costs; for the Recovery General whereof he shall have the same Remedy as any other Defendant or Defendants, in any other Case, hath or have by Law.1 THE COPYRIGHT ACT, 1775.2 (UNIVERSITY COPYRIGHT), 15 GEO. III. c. 53. An Act for enabling the two Universities in England, the four Universities in Scotland, and the several Colleges of Eton, Westminster, and Winchester, to hold in Perpetuity their Copyright in Books, given or bequeathed to the said Universities and Colleges for the Advancement of useful Learning and other Purposes of Education: Issue. Full Costs. Universities, &c., in England and Scot I. WHEREAS Authors have heretofore bequeathed or given, and may Preamble. hereafter bequeath or give the Copies of Books composed by them to or in Trust for one of the two Universities in that Part of Great Britain called England, or to or in Trust for some of the Colleges or Houses of Learning within the same, or to or in trust for the four Universities in Scotland, or to or in trust for the several Colleges of Eton, Westminster, and Winchester, and in or by their several Wills or other instruments of Donation, have directed or may direct that the Profits arising from the printing and reprinting such Books shall be applied and appropriated as a Fund for the Advancement of Learning and other beneficial Purposes of Education within the said Universities and Colleges aforesaid: And whereas such useful Purposes will frequently be frustrated unless the sole printing and reprinting of such Books the Copies of which have been or shall be so bequeathed or given as aforesaid, be preserved and secured to the said Universities, Colleges, and Houses of Learning respectively in Perpetuity: Be it enacted, That the said Universities and Colleges respectively shall, at their respective Presses, have, for ever, the sole have for liberty of printing and reprinting all such Books, as shall at any time sole Right heretofore have been, or (having not been heretofore published or of printing, assigned) shall at any time hereafter be bequeathed, or otherwise given by the Author or Authors of the same respectively or the Representatives of such Author or Authors, to or in Trust for the said Universities or to or in Trust for any College or House of Learning within the same, or to or in Trust for the said four Universities in Scotland, or to or in Trust for the said Colleges of Eton, Westminster, and Winchester, or any of them, for the Purposes aforesaid, unless the same shall have been bequeathed or given, or shall after be bequeathed or given, for any Term of Years or other limited Term: any Law or Usage to the contrary hereof in anywise notwithstanding. 2 See p. 61. 1 Repealed by The Public Authorities Protection Act, 1893. 3 41 Geo. III., c. 107, extends the privileges of this Act to Dublin. 4 See p. 61. land to ever the &c., such have been, Books as or shall be, bequeathed to them, unless the same have shall be been, or given for a limited Time. After 24th June, 1775, Persons Books shall II. And if any Bookseller, Printer, or other Person whatsoever, from and after June 24, 1775, shall print, reprint, or import, or cause to be printed, reprinted, or imported, any such Book or Books; or, knowing the same to be so printed or reprinted, shall sell, publish, or expose to Sale, or cause to be sold, published, or exposed to Sale, any such Book or Books; then such Offender or Offenders shall forfeit such Book or Books, and all and every Sheet or Sheets, being Part of such Book or Books, to the University, College, or House of Learning respectively, to whom the Copy of such Book or Books shall have been bequeathed or given as aforesaid, who shall forthwith damask and make waste Paper of them; and further, that every such Offender or Offenders shall forfeit One Penny for every Sheet which shall be found in his, her, or their Custody, either printed or printing, published or exposed to Sale, one Moiety 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 other to the sue for the same; to be recovered in any of His Majesty's Courts of Prosecutor. 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, or Protection, or more than One Imparlance, shall be allowed. to His Majesty, and the Nothing in this Act to grant any exclusive Right longer than such Books are printed III. Provided nevertheless, That nothing in this Act shall extend to grant any exclusive Right otherwise than so long as the Books or Copies belonging to the said Universities or Colleges are printed only at their own Printing Presses within the said Universities or Colleges respectively, and for their sole Benefit and Advantage; and that if any University or College shall delegate, grant, lease, or sell their Copy Rights, or exclusive Rights of printing the Books hereby granted, or any Part thereof, or shall allow, permit, or authorise any Person or Persons, or Bodies Corporate, to print or reprint the same, that then the Privileges hereby granted are to become void and of no Effect, in the same ties may sell Copy Manner as if this Act had not been made1; but the said Universities Rights in and Colleges, as aforesaid, shall nevertheless have a Right to Sell like manner such Copies so bequeathed or given as aforesaid, in like Manner as any Author or Authors now may do under the Provisions of the Statute of 8 Anne. at the presses of the Universities. Universi as any Author. No person subject to Penalties IV. And Whereas many Persons may through Ignorance offend against this Act, unless some Provision be made whereby the Property of every such Book as is intended by this Act to be secured to the said for printing, &c., Books Universities, Colleges, and Houses of Learning within the same, and to already be the said Universities in Scotland, and to the respective Colleges of Eton, queathed, unless they Westminster, and Winchester, may be ascertained and known; be it therefore be entered enacted that nothing in this Act contained shall be construed to extend before 24th to subject any Bookseller, Printer, or other Person whatsoever, to the Forfeitures or Penalties herein mentioned, for or by reason of the printing or reprinting, importing or exposing to Sale any Book or Books, unless the Title to the Copy of such Book or Books, which has or have been already bequeathed or given to any of the said Universities or Colleges must be en- aforesaid, be entered in the Register Book of the Company of Stationers June, 1775. that may hereafter be bequeathed tered within 1 See p. 61. Bequest known. 6d. to be paid for each entry in the Register kept for that Purpose, in such Manner as hath been usual, on or before two months June 24, 1775; and of all and every such Book or Books as may or shall after such hereafter be bequeathed or given as aforesaid, be entered in such Register shall be within the space of two Months after any such Bequest or Gift shall have come to the knowledge of the Vice-Chancellors of the said 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 Sixpence 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, be inPrinter, or other Person without any Fee or Reward; and the Clerk without of the said Company of Stationers shall, when and as often as there- Fee. Clerk unto required, give a Certificate under his Hand of such Entry or to give a Certificate, Entries, and for every such Certificate may take a Fee not exceeding being paid Sixpence. V. And if the Clerk of the said Company of Stationers for the Time being shall refuse or neglect to register or make such Entry or Entries, or to give such Certificate, being thereunto required by the Agent of either of the said Universities or Colleges aforesaid, lawfully authorised for that Purpose, then either of the said Universities or Colleges aforesaid, being the Proprietor of such Copy Right or Copy Rights 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 £20 to the Proprietor or Proprietors of every such Copy Right; 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 Wages of Law, Essoign, Privilege, Protection, or more than One Imparlance, shall be allowed. which may spected 6d. VI. [Clause enacting that no person shall be entitled to penalties under 8 Anne. 8 Anne unless the Title to the copy of the whole book be entered at Stationers' Delivery of Copies. Hall and 9 copies delivered for the use of the several libraries: Repealed Stat. Law Rev. Act, 1861.] VII. And if any Action or Suit shall be commenced or brought against Limitation any Person or Persons whatsoever, for doing or causing to be done, any thing in of Actions, pursuance of this Act, the Defendants in such Action may plead the 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 non-suited 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.1 VIII. [Clause providing that the Act shall be deemed a Public Act: Public Repealed Stat. Law Rev. Act, 1887.] 1 This section is repealed by the Public Authorities Protection Act, 1893, and the provisions of that Act substituted therefor in so far as they may be held to apply. Act. |