must be able to show a substantial defect on the merits of the registered proprietor's title.1 When once an entry on the register has been struck out, the Court has probably no power to restore it.2 SECTION VI.-DELIVERY OF COPIES TO LIBRARIES. Copies of all books first published in the United Kingdom after 1842 must be delivered to the undermentioned libraries by the publisher. In default the respective librarians may recover from the publisher :3 i. The value of the copy which ought to have been delivered. ii. A sum not exceeding £5. iii. Solicitor and client costs. The proceedings may either be summary by way of conviction before two Justices of the Peace in the county or place where the publisher making default resides, or by action in any Court of Record in the United Kingdom.* The following copies are to be delivered : I. To the British Museum: 5 One of the best copies published (complete with maps and prints) of i. Every book first published. ii. Every subsequent edition of a book, unless (a) it contains no additions or alterations, and (b) some preceding edition has been delivered: Within one calendar month after publication or offering for sale in London. Within three calendar months after publication or offering for sale elsewhere in the United Kingdom. The copy must be delivered between 10 A.M. and 4 P.M. on any day except Sunday, Ash Wednesday, Good Friday, and Christmas Day. The officer of the Museum appointed to receive these copies is required to give a receipt in writing." 1 Graves' case (1869), 4 Q. B., 715. 2 Chappell v. Purday (1843), 12 M. and W., 303; ex parte Davidson (1856), 18 C. B., at II. To each of the following Libraries, or to Stationers' Hall for their use: The Bodleian Library at Oxford. The Public Library at Cambridge. The Library of the Faculty of Advocates at Edinburgh. The Library of Trinity College at Dublin. One copy of those copies of which the largest number is printed for sale, and in the like condition of i. Every book first published. ii. Every subsequent edition of a book, unless (a) it contains no alterations or additions. Within one month after demand. Provided that within twelve months after publication demand has been made to the publishers under the hand of the officer of the Company of Stationers or other person authorised thereto by the respective libraries. The officer at Stationers' Hall and librarians of the several libraries are required to give a receipt in writing when a copy of a book is delivered to them. The clauses as to delivery of copies are to be considered as being strictly penal. In The British Museum v. Payne,2 under the similar provisions in 54 Geo. III. c. 156, it was held that when a book was published in parts, a single part was not demandable. The Court refused to consider the question when, if ever, the complete book would be demandable. It will be noticed that neither the copyright nor the right to sue is affected by non-delivery of these copies. The only consequence of omission to do so is a penalty on the publisher. The right of the various bodies to delivery of a copy applies to all books published within the United Kingdom and not only to those entered at Stationers' Hall.3 SECTION VII.-DURATION OF PROTECTION. Protection dates from first publication. Generally. The period of protection is for the natural life of the author and for seven years after his death, or for forty 1 5 & 6 Vict. c. 45, sec. 8. 2 (1828), 4 Bing., 540. 3 Cf. Cambridge University v. Bryce (1812), 16 East., 317; Routledge v. Low (1868), L. R., 3 H. L., 100. two years from the date of publication, whichever period shall be longer.1 Posthumous Works are protected for forty-two years from the date of publication.2 Encyclopædias are protected for the life of the proprietor and seven years (by 5 & 6 Vict. c. 45, sec. 18, the proprietor of a collective work enjoys the same rights as if he were the actual author thereof), or for forty-two years from the date of publication, whichever period shall be the longer.3 Reviews, Magazines, and other periodical works of a like nature⭑ have two separate copyrights, viz. :— i. The proprietor's copyright in the publication, as a whole, for his life and seven years, or forty-two years from first publication. ii. The contributor's copyright in his separate contribution as a separate work, beginning twenty-eight years after publication of the collective work, or on separate publication, if such should by agreement take place within the twenty-eight years, and lasting for his life and seven years, or forty-two years from first publication in the collective work. New Editions.5-As to each edition, the copyright runs from the date of publication thereof, in so far as the matter therein is then first published. Joint Works. Although there is no statutory provision, they are probably protected for the life of the surviving author and seven years, or for forty-two years from first publication." SECTION VIII.-COPYRIGHT IN LECTURES. There is no lecturing right, i.e. no exclusive statutory right to deliver a lecture in public. The only Act applying to lectures is 5 & 6 Will. IV. c. 65, which, under pain of penalties, prohibits printing or publishing, or knowingly selling lectures, which at the time of delivery have not been published in book form, without leave of the author thereof, or of the person to whom the author thereof has sold or otherwise conveyed the same. The remedy is action in the High Court for: (i) Forfeiture of copies. (ii) One penny per copy; half to the Crown and half to informer. A condition precedent of protection under this Act is the giving of notice in writing to two justices living within five miles from the place where such lecture or lectures are delivered, two days at least before delivering the same. The Act has fallen into entire desuetude, partly, no doubt, on account of this somewhat troublesome stipulation as to notice, but principally because a lecturer has, in fact, full protection at common law, if, as is usually the case, he can make out an implied contract between himself and his audience that the delivery of the lecture is for purposes of instruction only, and that those present are entitled to make no other use of it whatsoever. His remedy at common law will be for damages and injunction. Of course he cannot sue for penalties, unless he has brought himself within the Act. The Lectures Act does not apply so as to protect any lecture or lectures delivered in any university, or public school or college, or on any public foundation, or by any individual in virtue of, or according to, any gift, endowment, or foundation.2 The law relating to such lectures is declared to be the same as if the Lectures Act had not been passed. The result of this proviso is that these special kinds of lectures are nearly always protected at common law by implied contract in the same way as other lectures.3 1 Caird v. Sime (1887), 12 A. C., 326; Nicols v. Pitman (1884), 26 Ch. D., 374; Abernethy v. Hutchinson (1825), 3 L. J. Ch., 209. 2 5 & 6 Will. IV. c. 65, sec. 5. CHAPTER III THE OWNER OF THE COPYRIGHT IN BOOKS SECTION I.-THE CROWN. WHEN the Crown ceased to have the complete control which it originally exercised over the printing-press, it still claimed to retain, as its prerogative, the exclusive right of printing such works as it considered its own peculiar property.1 These included the authorised translation of the Bible, the Common Prayer Book, Acts of Parliament and Proclamations, Latin Grammars and Year Books. Law books, such as "Rolle's Abridgment," and reports collected by the judges were also claimed by the Crown on the ground that the laws were the King's Laws. Classical books, almanacs and the like, were claimed by the Crown as bona nullius and things derelict. As regards those books which the Crown claimed as its own property, it granted licences and patents. The Stationers' Company, the King's printers, the Universities, and from time to time various individuals received grants of authority to print such works. Many of the claims, for instance, to almanacs, law reports, Latin grammars, have for long been abandoned. The patentees of the Crown, however, still claim a prerogative copyright in 1. The Authorised English Translation of the Bible.1 The Universities of Oxford and Cambridge and the King's 1 See Millar v. Taylor (1769), 4 Burr., 2303, and cases there cited. 2 Baskett v. University of Cambridge (1758), 2 Burr. 661; Baskett v. Cunningham (1762), Black. Rep., 370. 3 See Grierson v. Jackson (1794), Ridg. Ir., T. R., 304; Nicol v. Stockdale (1785), 3 Swanst., 687. 4 Universities v. Richardson (1802), 6 Ves., 689; Manners v. Blair (1828), 3 Bligh (N.S.), 391; Grierson v. Jackson (1794), Ridg. Ir., T. R., 304. 5 Universities v. Richardson (1802), 6 Ves., 689; Eyre v. Carnan (1781), 6 Bac. Abr., 509; Manners v. Blair (1828), 3 Bligh (N.S.), 391. |