5 & 6 Vict. c. 45. Proprietors of right of dramatic 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 drarepresenta- matic 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. Assignment of copyright tic piece not to convey XXII. And be it enacted, That no assignment of the copyright of any book consisting of or containing a draof a drama- matic piece or musical composition shall be holden to 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 recovered by action. ment. XXIII. And be it enacted, That all copies of any book rated shall 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. No proprie XXIV. And be it enacted, That no proprietor of copyright com- right in any book which shall be first published after the tor of copy mencing after this act shall sue or proceed for any infringement before making entry in the book of registry. 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. 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 hereinbefore 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 tracts, and 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. SCHEDULE to which the preceding act refers. No. 1. FORM OF MINUTE OF CONSENT TO BE ENTERED AT STATIONERS' HALL. WE, the undersigned, A. B. of the author of a certain book, intituled Y. Z. [or the personal representative of the author, as the case may be], and C. D. of do hereby certify, that we have consented and agreed to accept the benefits of the act passed in the fifth year of the reign of her Majesty Queen Victoria, cap. for the extension of the term of copyright therein provided by the said act, and hereby declare that such extended term of copyright therein is the property of the said A. B. or C. D. To the Registering Officer appointed by the Stationers' Company. No. 2. FORM OF REQUIRING ENTRY OF PROPRIETORSHIP. I, A. B., of do hereby certify, that I am the proprietor of the copyright of a book, intituled Y. Z., and I hereby require you to make entry in the register book of the Stationers' Company of my proprietorship of such copyright, according to the particulars underwritten. |
