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and privileges given to copyright by that statute. For the law regarding maps, charts, and plans, we may refer therefore to what has been already stated in respect to literary copyright. The International Copyright Act, the 1 & 2 Vict. c. 59., also includes maps, charts, or plans in the term book.
There cannot, no more than in a literary production, be copyright or property in an engraving of an obscene, immoral, or libellous nature: Fores v. Johnes, 4 Esp. N. P.C. 97.; Du Bost v. Beresford, 2 Campb. N.P.C. 511. REMEDIES PIRATING PRINTS
ENGRAVINGS.--By the 8 G. 2. c. 13. any person pirating a print or engraving is made liable to forfeit the plate on which such print shall be copied, and every sheet whereon such print shall be copied or printed to the proprietor of the original, who is forthwith to destroy the same; and the offender is further to forfeit five shillings for every print found in his custody, one moiety to the king, and the other to any person, who shall sue for the same. And by the 17 G. 3. c. 57, extended to Ireland by the 6 & 7 W. 4. c. 59., persons pirating such prints are made liable to an action on the case for damages at the suit of the proprietor, together with double costs.
To enable a party to recover, in case of piracy, the penalties imposed by the statute, the day of publication and the name of the proprietor must be duly engraved according to the act on each plate and print: Sayer v. Dicey, 3 Wils. 60. But it was doubted, whether the fulfilment of these requisitions was necessary to support an action at law, or a bill in equity, for an injunction and an account: Blackwell v. Harper, 2 Atk. 95.; Roworth v. Wilkes, 1 Campb. 95.; Harrison v. Hogg, 2 Ves. jun. 323. ; Thompson v. Symonds, 5 T. R. 41. In a late case, however, Brooks v. Cock, 3 Ad. & E. 138., it was decided that no action for the piracy of a print can be sustained, unless the date of the first publication according to the act was engraved upon it.
INJUNCTION. – An injunction may be obtained for the piracy of an engraving, on the same principles as an injunction is had with regard to literary property. See p. 29.
West v. Francis, in 5 B & A. 737., was an important case decided with regard to engraving. It was there laid down, that the right of an engraver cannot be evaded or defeated by another publishing the original print with some small variations; for the court held that the statute which prohibits the sale of prints, forbids the vending of any copy, by varying, adding, or diminishing from the main design ; and therefore the vending of a print varying a little from the main design, but still preserving a similitude, was a collusive evasion of the statute.
COPYRIGHT IN SCULPTURE.
DURATION AND PROTECTION OF COPYRIGHT IN SCULPTURE. - By the 54 G. 3. c. 56. (which amended the 33 G. 3. c. 71.) the sole right and property of every new and original sculpture, model, copy, or cast of the human figure, or of any bust or any part of the human figure, clothed in drapery or otherwise; or of any animal, or of any part of an animal, combined with the human figure or otherwise; or of any
ject being matter of invention in sculpture, or of any alto or basso relievo representing any of the abovementioned matters; or any cast from nature of the human figure, or part of the human figure, or any subject containing or representing any of the abovementioned matters and things, whether separate or combined, is vested in the person who shall make them, or cause them to be made, for the term of fourteen years from the time of first publication; provided that in every case the proprietor, before publication, cause his name, with the date, to be put on every such new and original sculpture, model, copy, or cast, and on every such cast from nature.
An additional term of fourteen years' copyright at the expiration of the prior fourteen is given by the 54 G. 3. c. 56, s. 6. to the person who originally made or caused to be made the sculpture or other matter above mentioned, if he be living at the end of the first term, and have not divested himself of the copyright by sale or otherwise.
PREVENTION OF PIRACY. The 3d section of the 54 G. 3. c. 56. enacts that if any person, within the term of copyright, make or import, or cause to be made, imported, exposed to sale, or otherwise disposed of, a pirated copy or pirated cast of any original sculpture or other matter above mentioned, whether such pirated copy or cast be produced by moulding, copying, or other means of imitation, to the detriment, damage, or loss of the proprietor, then such proprietor or his assignee may, by special action on the case, recover against a person so offending such damages as a jury may assess at the time, together with double costs of suit.
The 4th section of the same statute provides that no person who may purchase the right or property of a new and original sculpture or other matter above mentioned of its proprietor, by deed in writing, signed by such proprietor in the presence of and attested by two witnesses, shall be subject to any action for copying, casting, or vending the same.
The party injured has also his remedy in equity, on the same principles as the owner of literary copyright.
ASSIGNMENT OF COPYRIGHT.-The above 4th section, therefore, points out the mode of assigning a copyright in sculpture, which must be by deed signed in the presence of two witnesses, and attested by them.
LIMITATION OF ACTIONS. Pursuant to the fifth section of the 54 G. 3. c. 56, all actions brought for any offence against this act must be commenced within six calendar months after the discovery of the offence.
COPYRIGHT IN DESIGNS FOR ORNAMENTING
ARTICLES OF MANUFACTURE.
FORMER LAW. - By the several acts 27 G. 3. c. 38., 29 G. 3. c. 19., and 34 G. 3. c. 23., every person who should invent, design, and print, or cause to be invented, designed, and printed, and become the proprietor of any new and original pattern or patterns for printing linens, cottons, calicoes, or muslins, had secured to him the sole right and liberty of printing and reprinting the same for the term of three months from first publication ; and any person who, within that period, printed the same without the proprietor's written consent, signed in the presence of two witnesses, was made liable to an action on the case for damages.
By the 2 Vict. c. 13. the benefits of the 27 G. 3. c. 38., the 29 G. 3. c. 19., and the 34 G. 3. c. 23. were extended to Ireland, and the protection was given to fabrics composed of wool, silk, or hair; to mixed fabrics composed of any two or more of the following materials, viz. linen, cotton, wool, silk, or hair.
The next statute, the 2 Vict. c. 17., gave a copyright of twelve calendar months' duration from the period of registration to the proprietor of a new and original design for any of the following purposes ; viz. for, 1. patterns or prints worked in or on, or printed on
or painted on any article of manufacture, being a tissue or textile fabric, except lace, and except