A Treatise on the Law of Copyright in Books, Dramatic and Musical Compositions, Letters and Other Manuscripts, Engravings and Sculpture, as Enacted and Administered in England and America; with Some Notices of the History of Literary Property

Booksel

United Kingdom, or British

who shall

print, &c. any book, without

consent of proprietor, liable to action for damages.

54 G. III. reprinting such book or books for the full term of twentyc. 156. eight years to commence from the day of first publishing the same, and also if the author shall be living at the end of that period for the residue of his natural life; and that if any bookseller or printer or other person whatsoever in lers, &c. in any part of any part of the United Kingdom of Great Britain and Ireland in the Isles of Man Jersey or Guernsey or in any other part of the British dominions shall from and after dominions, the passing of this Act, within the terms and times granted and limited by this Act as aforesaid, print reprint or import or shall cause to be printed reprinted or imported any such book or books without the consent of the author or authors or other proprietor or proprietors of the copyright of and in such book and books first had and obtained in writing; or knowing the same to be so printed reprinted or imported without such consent of such author or authors or other proprietor or proprietors, shall sell, publish or expose to sale or cause to be sold published or exposed to sale or shall have in his or their possession for sale any such book or books without such consent first had and obtained as aforesaid, then such offender or offenders shall be liable to a special action on the case at the suit of the author or authors or other proprietor or proprietors of the copyright of such book or books so unlawfully printed reprinted or imported or published or exposed to sale or being in the possession of such offender or offenders for sale as aforesaid contrary to the true intent and meaning of this Act: and every such author or authors or other proprietor or proprietors shall and may by and in such special action upon the case to be so brought against such offender or offenders in any court of record in that part of the said United Kingdom or of the British dominions in which the offence shall be committed, recover such damages as the jury on the trial of such action or on the execution of a writ of enquiry thereon, shall give give or assess together with double. costs of suit; in which action no wager of law essoign privilege or protection nor more than one imparlance shall be allowed; and all and every such offender and

Penalty.

c. 156.

offenders shall also forfeit such book or books and all and 54 G. III. every sheet being part of such book or books, and shall deliver the same to the author or authors or other proprietor or proprietors of the copyright of such book or books. upon order of any court of record in which any action or suit in law or equity shall be commenced or prosecuted by such author or authors or other proprietor or proprietors to be made on motion or petition to the said court; and the said author or authors or other proprietor or proprietors shall forthwith damask or make waste paper of the said book or books and sheet or sheets; and all and every such offender or offenders shall also forfeit the Penalty. sum of three pence for every sheet thereof either printed or printing or published or exposed to sale contrary to the true intent and meaning of this Act; the one moiety thereof to the King's most excellent Majesty his heirs and successors, and the other moiety thereof to any person or persons who shall sue for the same, in any such court of record by action of debt bill plaint or information, in which no wager of law essoign privilege or protection nor more than one imparlance shall be allowed: Provided always, that in Scotland such offender or offend- Offenders ers shall be liable to an action of damages in the court of in Scotland. session in Scotland, which shall and may be brought and prosecuted in the same manner in which any other action of damages to the like amount may be brought and prosecuted there; and in any such action where damages shall be awarded double costs of suit or expenses of process shall be allowed.

tered at

V. And in order to ascertain what books shall be from Within what time time to time published, Be it enacted, That the publisher title of or publishers of any and every book demandable under books enthis Act, which shall be published at any time after the Stationers' passing of this Act, shall within one calendar month after Hall. the day on which any such book or books respectively shall be first sold published advertised or offered for sale within the bills of mortality, or within three calendar months if the said book shall be sold published or advertised in any other part of the United Kingdom enter the

Copy for British Museum.

book.

Title of book not entered.

54 G. III. title to the copy of every such book and the name or c. 156. names and place of abode of the publisher or publishers thereof in the register book of the Company of Stationers in London, in such manner as hath been usual with respect to books the title whereof hath heretofore been entered in such register book, and deliver one copy on the best paper as aforesaid for the use of the British Museum; which register book shall at all times be kept at the hall of the said Company; for every of which several entries the sum of two shillings shall be paid and no more; Inspection which said register book may at all seasonable and conof register- venient times be resorted to and inspected by any person; for which inspection the sum of one shilling shall be paid to the warehouse-keeper of the said Company of Stationers, and such warehouse-keeper shall when and Certificate. as often as thereto required, give a certificate under his hand of every or any such entry, and for every such certificate the sum of one shilling shall be paid; and in case such entry of the title of any such book or books shall not be duly made by the publisher or publishers of any such book or books within the said calendar month or three months as the case may be, then the publisher or publishers of such book or books shall forfeit the sum of five pounds together with eleven times the price at which such book shall be sold or advertised, to be recovered together with full cost of suit by the person or persons body politic or corporate authorized to sue and who shall first sue for the same in any court of record in the United Kingdom by action of debt bill plaint or information, in which no wager of law essoign privilege or protection Proviso for nor more than one imparlance shall be allowed: Provided Magazines, always, That in the case of magazines reviews or other periodical publications, it shall be sufficient to make such entry in the register book of the said Company within one month next after the publication of the first number or volume of such magazine review or other periodical publication Provided always, That no failure in making any such entry shall in any manner affect any copyright, but shall only subject the person making default to the penalty aforesaid under this Act.

Penalty.

&c.

Proviso.

VI. And be it further enacted, That the said ware- 54 G.III. house-keeper of the Company of Stationers shall from c. 156. time to time and at all times, without any greater inter- Warehouse val than three months, transmit to the librarian or other keeper of Stationers' person authorized on behalf of the libraries before men- Hall to tioned correct lists of all books entered in the books of transmit to librarians the said Company and not contained in former lists; and lists of that on being required so to do by the said librarians or other authorized person or either of them, he shall call on the publisher or publishers of such books for as many copies. of the said copies as may have been demanded of them.

books entered; and call on publisher for

to deliver

VII. Provided always and be it further enacted, That Publishers if any publisher shall be desirous of delivering the copy books at of such book or volume as aforesaid as shall be demanded library. on behalf of any of the said libraries at such library, it shall and may be lawful for him to deliver the same at such library to the librarian or other person authorized to receive the same (who is hereby required to receive and to give a receipt in writing for the same) and such What delivery shall to all intents and purposes of this Act be as deemed delivery. equivalent to a delivery to the said warehouse-keeper.

lished, now

have benefit

VIII. And whereas it is reasonable that authors of Authors of books already published and who are now living should books pubalso have the benefit of the extension of copyright; Be it living, to further enacted, That if the author of any book or books of extenwhich shall not have been published fourteen years at the sion of time of passing this Act shall be living at the said time, and if such author shall afterwards die before the expiration of the said fourteen years, then the personal representative of the said author and the assignees or assigns of such personal representative shall have the sole right of printing and publishing the said book or books for the further term of fourteen years after the expiration of the first fourteen years: Provided that nothing in this Act Proviso. contained shall affect the right of the assignee or assigns of such author to sell any copies of the said book or books which shall have been printed by such assignee or assigns within the first fourteen years or the terms of any contract between such author and such assignee or assigns.

54 G. III.

Authors living at end of 28 years sole right of publication for life.

IX. And be it also further enacted, That if the author c. 156. of any book or books which have been already published shall be living at the end of twenty-eight years after the first publication of the said book or books, he or she shall for the remainder of his or her life have the sole right of printing and publishing the same: Provided that this shall not affect the right of the assignee or assigns of such author to sell any copies of the said book or books which shall have been printed by such assignee or assigns within the said twenty-eight years or the terms of any contract between such author and such assignee or assigns.

Limitation

X. Provided nevertheless and be it further enacted, of actions. That all actions suits bills indictments or informations for any offence that shall be committed against this Act shall be brought sued and commenced within twelve months next after such offence committed, or else the same shall be void and of no effect.

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