c. 57.

8 Geo. II.

17 George III. c. 57.- An Act for more effectually securing the Property of Prints to Inventors and Engravers, by enabling them to sue for and recover Penalties in certain Cases.

17G. III. "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 7 Geo. III. 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: And whereas by an Act of Parliament passed in the seventh year of the reign of his present Majesty, for amending and rendering more effectual the aforesaid Act, and for other purposes therein mentioned, it was (among other things) enacted, That from and after the first day of January one thousand seven hundred and sixty-seven all and every person or persons who should 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, should have and were thereby declared to have the benefit and protection of the said former Act and that Act for the term therein-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 whereas the said acts have not effectually answered the purposes for which they were intended, and it is necessary for the encouragement of artists and for securing to them the property of and in their works and for the advancement and improvement of the aforesaid arts that such further provisions should be made as are herein-after mentioned and If any en contained;" May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most grave, &c. excellent Majesty, by and with the advice and consent of without the the Lords Spiritual and Temporal and Commons in this the proprie present Parliament assembled, and by the authority of the

graver, &c. shall en

any print

consent of

tor, he shall

be liable to damages and double costs.

same, That from and after the twenty-fourth day of June 17 G. III. one thousand seven hundred and seventy-seven if any enc. 57. graver etcher printseller or other person shall within the time limited by the aforesaid Acts, or either of them, engrave etch or work or cause or procure to be engraved etched or worked in mezzotinto or chiaro oscuro, or otherwise or in any other manner copy in the whole or in part by varying adding to or diminishing from the main design, or shall print reprint or import for sale or cause or procure to be printed reprinted or imported for sale, or shall publish sell or otherwise dispose of or cause or procure to be published sold or otherwise disposed of any copy or copies of 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 which hath or have been or shall be engraved etched drawn or designed in any part of Great Britain without the express consent of the proprietor or proprietors thereof first had and obtained in writing signed by him or her or them respectively with his her or their own hand or hands in the presence of and attested by two or more credible witnesses, then every such proprietor or proprietors shall and may, by and in a special action upon the case to be brought against the person or persons so offending recover such damages as a jury on the trial of such action or on the execution of a writ of inquiry thereon shall give or assess together with double costs of suit.

C

38 G. III. c. 71.

38 George III. c. 71.—An Act for encouraging the

Art of making new Models and Casts of Busts, and other things therein mentioned. — [21st June 1798.]

"WHEREAS divers persons have by their own genius industry pains and expence improved and brought the art of making new models and casts of busts and of statues of human figures and of animals to great perfection, in hopes to have reaped the sole benefit of their labours; but divers persons have (without the consent of the proprietors thereof) copied and made moulds from the said models and casts and sold base copies and casts of such new models and casts to the great prejudice and detriment of the original proprietors and to the discouragement of the art of making such new models and casts as aforesaid:" For remedy whereof and for preventing such practices for the future, may it please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act every property of person who shall make or cause to be made any new making mo- model or copy or cast made from such new model of any dels or casts shall be bust or any part of the human figure or any statue of the vested in human figure or the head of any animal or any part of any the original proprietor animal or the statue of any animal; or shall make or cause for 14 years. to be made any new model copy or cast from such new model in alto or basso relievo or any work in which the representation of any human figure or figures or the representation of any animal or animals shall be introduced, or shall make or cause to be made any new cast from nature of any part or parts of the human figure or of any part or parts of any animal, shall have the sole right and property in every such new model copy or cast, and also in every such new model copy or cast in alto or basso relievo or any work as aforesaid, and also in every such

The sole right and

new cast from nature as aforesaid, for and during the 38 G. III. term of fourteen years from the time of first publishing c.71. the same: Provided always, That every person who shall make or cause to be made any such new model copy or cast or any such new model copy or cast in alto or basso relievo or any work as aforesaid, or any new cast from nature as aforesaid, shall cause his or her name to be put thereon with the date of the publication before the same shall be published and exposed to sale.

any model without the

or cast

written consent of the

may be

case.

II. And be it further enacted, That if any person shall Person within the said term of fourteen years make or cause to copies of making be made any copy or cast of any such new model copy or cast or any such model copy or cast in alto or basso relievo or any such work as aforesaid, or any such new cast from nature as aforesaid, either by adding to or diminish- proprietor, ing from any such new model copy or cast or adding to prosecuted or diminishing from any such new model copy or cast in for damages, by a alto or basso relievo or any such work as aforesaid, or special acadding to or diminishing from any such new cast from tion on the nature or shall cause or procure the same to be done, or shall import any copy or cast of such new model copy or cast, or copy or cast of such new model copy or cast in alto or basso relievo or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid for sale, or shall sell or otherwise dispose of or cause or procure to be sold or exposed to sale or otherwise disposed of any copy or cast of any such new model copy or cast, or any copy or cast of such new model copy or cast in alto or basso relievo or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid without the express consent of the proprietor or proprietors thereof first had and obtained in writing signed by him her or them respectively with his her or their hand or hands in the presence of and attested by two or more credible witnesses, then and in all or any of the cases aforesaid every proprietor or proprietors of any such original model copy or cast and every proprietor or proprietors of any such original model or copy or cast in alto or basso relievo or any such work as aforesaid,

c. 71.

38 G. III. or the proprietor or proprietors of any such new cast from nature as aforesaid respectively, shall and may by and in a special action upon the case to be brought against the person or persons so offending recover such damages as a jury on the trial of such action or on the execution of a writ of enquiry thereon shall give or assess together with full cost of suit.

Except such persons who

shall purchase the

III. Provided nevertheless, That no person who shall hereafter purchase the right either in any such model copy or cast or in any such model copy or cast in alto or same of the basso relievo or any such work as aforesaid or any such original proprietor. new cast from nature of the original proprietor or proprietors thereof shall be subject to any action for vending or selling any cast or copy from the same; any thing contained in this Act to the contrary hereof notwithstanding. IV. Provided also, That all actions to be brought as aforesaid against any person or persons for any offence committed against this Act shall be commenced within six callendar months next after the discovery of every such offence and not afterwards.

Limitation of actions.