which shall have been published heretofore, and the Name and Place of thereon Abode of the Proprietor thereof, and of the Publisher thereof, when such Publisher shall not also be the Proprietor thereof. have the Benefit of the Registration of the Whole. The Pro C. 15, ex Musical as provided by this Act, applied to the Liberty of representing XX. And whereas an Act was passed in the Third Year of the Reign of His late Majesty, to amend the Law relating to Dramatic Literary visions of Property, and it is expedient to extend the Term of the sole Liberty of 3 & 4 W 4. representing Dramatic Pieces given by that Act to the full Time by this Act provided for the Continuance of Copyright: And whereas it is expedient tended to to extend to Musical Compositions the Benefits of that Act, and also of this ComposiAct; the Provisions of the said Act of His late Majesty, and of this Act, tions, and shall apply to Musical Compositions,2 and the sole Liberty of representing the Term of Copyright, or performing, or causing or permitting to be represented or performed, any Dramatic Piece or Musical Composition, shall endure and be the Property of the Author thereof, and his Assigns,3 for the Term in this Act provided for the Duration of Copyright in Books; and the Provisions herein-before 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 re-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 same, to register only the Title thereof, the Name and Place 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. 4 Dramatic Pieces and tions. Dramatic XXI. The Person who shall at any time have the sole Liberty of Proprietors representing such Dramatic Piece or Musical Composition shall have and of Right of enjoy the Remedies given and provided in the said Act of the Third and RepresenFourth Years of the Reign of His late Majesty King William the Fourth, passed to amend the Laws relating to Dramatic Literary Property, during the whole of his Interest therein, as fully as if the same were re-enacted in this Act. tationsshall Remedies given by have all the 3 & 4 W. 4 c. 15. ment of Copyright of a Dramatic Piece XXII. No Assignment of the Copyright of any Book consisting of Assignor containing a Dramatic Piece or Musical Composition shall be holden to convey to the Assignee the Right of representing or performing such Dramatic Piece or Musical Composition, unless an Entry in the said Registry Book shall be made of such Assignment,5 wherein shall be expressed the Intention of the Parties that such Right should pass by such Assignment. XXIII.6 All Copies of any Book wherein there shall be Copyright, and of which Entry shall have been made in the said Registry Book, and which shall have been unlawfully printed or imported without the 1 Repealed Stat. Law Rev. Act, 1890 (2). 2 See p. 131. 6 See p. 89. 5 See p. 135. not to convey the Right of Representation. Books pirated shall Property of become the the Proprie tor of the Copyright, and may be recovered by Action. No Proprietor of Copyright commenc ing after this Act shall sue or proceed for any Infringement before making Entry in the Book of Registry. Dramatic Copyright shall be Personal Property. General Limitation Consent of the registered Proprietor of such Copyright, in Writing under his Hand first obtained, shall be deemed 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 Damages for the Conversion thereof in an Action of Trover. XXIV.1 No Proprietor of Copyright in any Book which shall be first published after the passing of this Act shall maintain any Action or Suit, at Law or in Equity, or any summary Proceeding, in respect of any Infringement of such Copyright, unless he shall, before commencing such Action, Suit, or Proceeding, have caused an Entry to be made, in the Book of Registry of the Stationers' Company, of such Book, pursuant to this Act: Provided always, that the Omission to make such Entry shall not affect the Copyright in any Book, but only the Right to sue or proceed in respect of the Infringement thereof as aforesaid: Provided also, that nothing herein contained shall prejudice the Remedies which the Proprietor of the sole Liberty of representing any Dramatic Piece shall have by virtue of the Act passed in the Third Year of the Reign of His late Majesty King William the Fourth, to amend the Laws relating to Dramatic Literary Property, or of this Act, although no Entry shall be made in the Book of Registry aforesaid.2 XXV. All Copyright shall be deemed Personal Property, and shall be transmissible by Bequest, or, in case of Intestacy, shall be subject to the same Law of Distribution as other Personal Property, and in Scotland shall be deemed to be Personal and Movable Estate. XXVI. If any Action or Suit shall be commenced or brought against any Person or Persons whomsoever for doing or causing to be done anything in pursuance of this Act, the Defendant or Defendants in such Action may plead the General Issue, and give the special Matter in Evidence; and if upon such Action a Verdict shall be given for the Defendant, or the Plaintiff shall become nonsuited, or 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; and all Actions, Suits, Bills, of Actions; Indictments, or Informations for any Offence that shall be committed against this Act shall be brought, sued, and commenced within Twelve Calendar Months next after such Offence committed, or else the same shall be void and of none effect; provided that such Limitation of Time shall not extend or be construed to extend to any Actions, Suits, or other Proceedings which under the Authority of this Act shall or may be brought, sued, or commenced for or in respect of any Copies of Books to be delivered for the Use of the British Museum, or of any One of the Four Libraries herein-before mentioned. not to extend to Actions, &c., in respect of the Deli very of Books. 3 The whole of section 26 is repealed by the Public Authorities Protection Act, 1893, in so far as that Act applies. The result is probably that the first part of the section, printed in italics, is entirely repealed. The second part of the section is probably not repealed except in respect of actions against a person or body for acts done in performance of a public duty. 4 See p. 91. the Uni XXVII. Provided always, That nothing in this Act contained shall Saving the affect or alter the Rights of the Two Universities of Oxford and Cam- Rights of bridge, the Colleges or Houses of Learning within the same, the Four versities, Universities in Scotland, the College of the Holy and Undivided Trinity and the Colleges of Queen Elizabeth near Dublin, and the several Colleges of Eton, Westof Eton, minster, and Winchester, in any Copyrights heretofore and now vested or Westhereafter to be vested in such Universities and Colleges respectively, any- minster, thing to the contrary herein contained notwithstanding. and Win chester. XXVIII. Provided also, That nothing in this Act contained shall Saving all affect, alter, or vary any Right subsisting at the Time of passing of this subsisting Rights, Act, except as herein expressly enacted; and all Contracts, Agreements, Contracts, and Obligations made and entered into before the passing of this Act, and Enand all Remedies relating thereto, shall remain in full force, any thing gagements. herein contained to the contrary notwithstanding. XXIX. This Act shall extend to the United Kingdom of Great Extent of Britain and Ireland, and to every Part of the British Dominions. the Act. XXX. This Act may be amended or repealed by any Act to be passed in Act may be the present Session of Parliament.1 amended thisSession. SCHEDULE TO WHICH THE PRECEDING ACT REFERS. No. I. FORM of MINUTE of CONSENT to be entered at Stationers' Hall. the Author of a certain WE, the undersigned, A.B. of consented and agreed to accept the Benefits of the Act passed in the for the Extension of the Term of Copyright therein provided by the said Act, and hereby declare that such extended Term of Copyright therein is the Property of the said A.B. or C.D. Dated this Witness Day of 18 . (Signed) A.B. To the Registering Officer appointed by the Stationers' Company. No. 2. FORM of REQUIRING ENTRY of PROPRIETORSHIP. I A.B. of do hereby certify, That I am the Proprietor of the Copyright of a Book, intituled Y.Z., and I hereby require you to make Entry in the Register Book of the Stationers' Company of my 1 Repealed Stat. Law Rev. Act, 1874. Proprietorship of such Copyright, according to the Particulars underwritten. ORIGINAL ENTRY of PROPRIETORSHIP of COPYRIGHT of a Book. FORM of CONCURRENCE of the PARTY assigning in any Book I A.B. of being the Assigner of the Copyright of the Book hereunder described, do hereby require you to make Entry of the Assignment of the Copyright therein. No. 5. FORM of ENTRY of ASSIGNMENT of COPYRIGHT in any BOOK An Act to amend the Law relating to International Copyright. [10th May 1844.] I. Whereas by an Act passed in the Session of Parliament held in the First and Second Years of the Reign of Her present Majesty, intituled An Act for securing to Authors in certain Cases the Benefit of international Copyright 1 & 2 Vict. (and which Act is herein-after, for the sake of Perspicuity, designated as c. 59. "the International Copyright Act"), Her Majesty was empowered by Order in Council to direct that the Authors of Books which should after a future Time, to be specified in such Order in Council, be published in any Foreign Country, to be specified in such Order in Council, and their Executors, Administrators, and Assigns, should have the sole Liberty of printing and reprinting such Books within the British Dominions for such Term as Her Majesty should by such Order in Council direct, not exceeding the Term which Authors, being British Subjects, were then, (that is to say) at the Time of passing the said Act, entitled to in respect of Books first published in the United Kingdom; and the said Act contains divers Enactments securing to Authors and their Representatives the Copyright in the Books to which any such Order in Council should extend: And whereas an Act was passed in the Session of Parliament held in the Fifth and Sixth Years of the Reign of Her present Majesty, intituled An Act to amend the Law of Copyright (and 5 & 6 Vict. which Act is herein-after, for the sake of Perspicuity, designated as "the c. 45. Copyright Amendment Act"), repealing various Acts therein mentioned relating to the Copyright of printed Books, and extending, defining, and securing to Authors and their Representatives the Copyright of Books: And whereas an Act was passed in the Session of Parliament held in the Third and Fourth Years of the Reign of His late Majesty King William the 3 & 4 W. 4 Fourth, intituled An Act to amend the Laws relating to Dramatic Literary Property (and which Act is herein-after, for the sake of Perspicuity, C. 15. |