Vict. c. 45.

5 & 6 publication in or as part of the same, and such work, 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 herein contained shall alter or affect the right of any person who shall have been or who shall be so employed publishing as aforesaid to publish any such his composition in a separate form, who by any contract, express or implied, may have reserved or may hereafter reserve to himself such 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.

authors

who have reserved

the right of

their arti

cles in a separate form.

Proprietors

XIX. And be it enacted, That the proprietor of the of encyclo- copyright in any encyclopædia, review, magazine, periodriodicals, ical work, or other work published in a series of books

pædias, pe

5 & 6

Vict.

c. 45.

or parts, shall be entitled to all the benefits of the registration a Stationers' Hall under this act, on entering in 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 in series, 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 proprietor thereof, and of the publisher thereof, when such publisher shall not also be the proprietor thereof.

Stationers'

thereon

have the benefit of the registration of the whole.

c. 15, ex

tended to

musical compositions, and the term of copyright, as provided by this act, applied to the liberty senting dramatic pieces

of repre

sitions.

XX. And whereas an act was passed in the third year The proviof the reign of his late Majesty, to amend 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 pieces given by that act to the full time by this act provided for the continuance of copyright: and whereas it is expedient to extend to musical compositions the benefits of that act, and also of this act; be it therefore enacted, That the provisions of the said act of his late Majesty, and of this act, shall apply to musical compositions, and that the sole liberty of representing or performing, or causing or permitting to be represented or performed, any and musidramatic piece or musical composition, shall endure and cal compobe 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

5 & 6 Vict. c. 45.

Proprietors of right of dramatic

representa

tions shall

remedies

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.

XXI. And be it enacted, That the person who shall at any time have the sole liberty of representing such dramatic piece or musical composition shall have and enjoy have all the the remedies given and provided in the said act of the third and fourth 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.

given by 3 & 4 W. IV.

c. 15.

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 convey to the assignee the right of representing or perthe right of forming such dramatic piece or musical composition, unless 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

representa

tion.

Books pi

rated shall

recovered

by action.

ment.

XXIII. And be it enacted, That all copies of any book 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 copyright, and may be the 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. And be it enacted, That no proprietor of copyright com- right in any book which shall be first published after the

No proprie

tor of copy

5 & 6

Vict.

c. 45.

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 Proviso for 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.

dramatic

pieces.

shall be

XXV. And be it enacted, That all copyright shall be Copyright deemed personal property, and shall be transmissible by personal bequest, or, in case of intestacy, shall be subject to the property. same law of distribution as other personal property, and in Scotland shall be deemed to be personal and moveable

estate.

issue.

XXVI. And be it enacted, That if any action or suit General shall be commenced or brought against any person or persons whomsoever for doing or causing to be done any thing 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 that all actions, suits, bills, Limitation 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

g*

of actions;

5 & 6 Vict. c. 45.

not to ex

tend to actions, &c. in respect of the delivery of books.

Saving the rights of the Universities, and the colleges of Eton, Westminster, and Winchester.

tracts, and

engagements.

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.

XXVII. Provided always, and be it enacted, That nothing in this act contained shall affect or alter the rights of the two universities of Oxford and Cambridge, the colleges or houses of learning within the same, the four universities in Scotland, the college of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and the several colleges of Eton, Westminster, and Winchester, in any copyrights heretofore and now vested or hereafter to be vested in such universities and colleges respectively, any thing to the contrary herein contained notwithstanding.

Saving all XXVIII. Provided also, and be it enacted, That nosubsisting rights, con- thing in this act contained shall affect, alter, or vary any right subsisting at the time of passing of this act, except as herein expressly enacted; and all contracts, agreements, and obligations made and entered into before the passing of this act, and all remedies relating thereto, shall remain in full force, any thing herein contained to the contrary notwithstanding.

Extent of the act.

Act may be amended

this session.

XXIX. And be it enacted, that this act shall extend to the United Kingdom of Great Britain and Ireland, and to every part of the British dominions.

XXX. And be it enacted, That this act may be amended or repealed by any act to be passed in the present session of parliament.