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B.—a Project Gutenberg eBook - </title> - <style type="text/css"> - -h1,h2,h3,h4 { - text-align: center; /* all headings centered */ - clear: both; - font-weight: normal; - line-height: 2em -} - -p.author { - text-align: right; - margin: -1em 5% auto 5% -} - -.i0 {padding-left: 1em; text-indent: -1em} -.i2 {padding-left: 2em; text-indent: -1em} -.i4 {padding-left: 3em; text-indent: -1em} -.i8 {padding-left: 5em; text-indent: -1em} -.i10 {padding-left: 6em; text-indent: -1em} - -.hang { - text-indent: -2em; - padding-left: 2em -} - -hr { - margin: 2em auto; - clear: both; -} - -hr.tb {width: 45%} -hr.chap {width: 65%} -hr.full {width: 95%} - -table { - max-width: 90%; - margin: 0 auto; - border-collapse: collapse -} - -td { - border-collapse: collapse; - padding: 0 .5em -} - -.form { - border-width: 2px 1px; - border-spacing: 1px; - border-style: outset; - border-color: black; - border-collapse: collapse; - background-color: white; - width: 90% -} - -table.form th { - border-width: 2px 1px; - padding: 1em; - border-style: inset; - border-color: black; - background-color: white; -} - -.form td { - border-width: 1px; - padding: 2em; - border-style: inset; - border-color: black; - background-color: white; - max-width: 25em -} - -.list td,th { - padding: .25em .5em; -} - -.toc td { - text-indent: -1.5em; - vertical-align: bottom; -} - -.toc th { - padding: 1em; -} - -.cases td { - vertical-align: top; - padding-right: .5em -} - -.vote td { - padding: 0 2em; - vertical-align: top -} - -.tdc {text-align: center; vertical-align: middle} -.tdr {text-align: right; padding: 0 1em; vertical-align: bottom} -.space {display: inline-block; margin: auto 1.5em; text-indent: 0} - -/*Sidenote right */ -.sidenote { - width: 20%; - padding: .5em; - margin: 1em 0 0.5em 0.5em; - float: right; - clear: right; - font-size: smaller; - color: black; - background: #eeeeee; - border: dashed 1px -} - -.bb {border-bottom: solid thin black;} - -.bl {border-left: solid thin black;} - -.bt {border-top: solid thin black;} - -.br {border-right: solid thin black;} - -.center {text-align: center} - -.small {font-size: .7em} - -.smcap {font-variant: small-caps} - -sup,sub {line-height: .1em} - -.rgt {display: inline-block; text-align: right} - -.smcap {font-variant: small-caps} - -.caption {font-weight: bold; text-align: center} - -.w50 {margin: auto; width: 50%} -.w100 {margin: auto; width: 100%} - -/* Footnotes */ -.footnotes {border: #ddd solid 1px;} - -.fnanchor { - vertical-align: super; - font-size: .8em; - line-height: .1em; - text-decoration: none; - white-space: nowrap /* keeps footnote on same line as referenced text */ -} - -.footnote { - font-size: 0.9em; - margin: 1em 4em -} - -.label {display: inline-block; text-indent: -3em; text-align: right} - -img {max-width: 100%; border: none} - -.figcenter {margin: 2em auto; text-align: center} - -/* Poetry */ - -.poetry {margin: auto; text-align: center} - -.poem { - margin: auto 5%; - display: inline-block; - text-align: left -} - -.poem .stanza {margin: 1em 0em 1em 0em;} - -.poem span.i0 {display: block; margin-left: 0em; padding-left: 3em; text-indent: -3em;} -.poem span.i1 {display: block; margin-left: .5em; padding-left: 3em; text-indent: -3em;} -.poem span.i2 {display: block; margin-left: 1em; padding-left: 3em; text-indent: -3em;} -.poem span.i4 {display: block; margin-left: 2em; padding-left: 3em; text-indent: -3em;} - -/* Transcriber's notes */ -.transnote {background-color: #E6E6FA; - border: silver solid 1px; - color: black; - font-size: 0.9em; - margin: 5em 0; - padding: 0.5em; -} - -@media screen { - - body {margin: auto 10%} - - p {text-align: justify} - - .pagenum { /* uncomment the next line for invisible page numbers */ - /* visibility: hidden; */ - color: silver; - position: absolute; - right: 3%; - font-size: .8em; - text-align: right; - } /* page numbers */ - -} - -@media handheld, print { - - body {margin: auto 1em} - p {text-align: left} - .pagenum {display: none} -} - - </style> - - </head> -<body> - - -<pre> - -The Project Gutenberg EBook of A Treatise Upon the Law of Copyright in the -United Kingdom and the Dominions of the Crown, by E. J. MacGillivray - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org/license - - -Title: A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, - and in the United States of America - Containing a full Appendix of all Acts of Parliament - International Conventions, Orders in Council, Treasury - Minute and Acts of Congress now in Force. - -Author: E. J. MacGillivray - -Release Date: October 13, 2013 [EBook #43945] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK A TREATISE UPON THE LAW *** - - - - -Produced by Wayne Hammond, Malcolm Farmer and the Online -Distributed Proofreading Team at http://www.pgdp.net - - - - - - -</pre> - - -<div class="figcenter"> -<img id="coverpage" src="images/cover.jpg" -alt="Book cover" /> -</div> - -<p><span class="pagenum" id="Page_i">[i]</span></p> - -<h1>A TREATISE UPON<br /> - -<big>THE LAW OF COPYRIGHT</big></h1> - -<hr class="full" /> - -<p><span class="pagenum" id="Page_ii">[ii]</span> -<br /> -<span class="pagenum" id="Page_iii">[iii]</span></p> - -<h1>A TREATISE UPON<br /> - -<big>THE LAW OF COPYRIGHT</big><br /> - -<span class="small">IN THE UNITED KINGDOM AND THE DOMINIONS<br /> - -OF THE CROWN, AND IN THE UNITED<br /> - -STATES OF AMERICA</span></h1> - -<p class="center">CONTAINING A FULL APPENDIX OF ALL ACTS OF PARLIAMENT<br /> -INTERNATIONAL CONVENTIONS, ORDERS IN COUNCIL<br /> -TREASURY MINUTE AND ACTS OF CONGRESS<br /> -NOW IN FORCE</p> - -<h2>By E. J. MACGILLIVRAY, LL. B. (<span class="smcap">Cantab.</span>)<br /> -OF THE INNER TEMPLE, BARRISTER-AT-LAW<br /> -MEMBER OF THE FACULTY OF ADVOCATES IN SCOTLAND</h2> - -<h3>LONDON<br /> -JOHN MURRAY, ALBEMARLE STREET<br /> -1902</h3> -<p><span class="pagenum" id="Page_iv">[iv]</span>,<br /></p> - -<p><span class="pagenum" id="Page_v">[v]</span></p> - -<p class="center"> -TO<br /> -<br /> -THOMAS EDWARD SCRUTTON, <span class="smcap">Esq.</span>, K. C.<br /> -<br /> -IN GRATITUDE FOR<br /> -MUCH INSTRUCTION AND KINDNESS<br /> -</p> - -<p><span class="pagenum" id="Page_vi">[vi]</span> -<br /> -<span class="pagenum" id="Page_vii">[vii]</span></p> - -<hr class="chap" /> -<h2 id="PREFACE">PREFACE</h2> - -<p>The foundations of this work were laid by my endeavours to -understand what is perhaps the most complicated and obscure -series of statutes in the statute book. In working from time to -time at the Law of Copyright I found great want of a text-book -which should be exhaustive of the case law, and at the -same time contain a concise and clearly arranged epitome -of the statutory provisions. This want I have tried to supply -for myself in the present compilation, and it is now published -in the hope that it may prove useful to others. The present -law is bad both in substance and form, but it is the more -essential that those who have anything to do with literary or -artistic property should comprehend it in so far as it is comprehensible. -There are probably more pitfalls for the unwary -in dealing with Copyright than with any other branch of the -law.</p> - -<p>We have for some time been on the eve of a general -codification and amendment of the Law of Copyright. It -is, however, an eve of long and indefinite duration. It is -now twenty-eight years since the Royal Commission on Copyright -was appointed, and still nothing has been done to -ameliorate the lamentable condition in which the Commissioners -then found the law. Dissensions among those -who are interested in Copyright, failure to come to a satisfactory -arrangement with the colonies, and want of time at -the disposal of the legislature are mainly responsible for this -delay. In the meantime it is well that all those who are -interested in Copyright should make themselves conversant -<span class="pagenum" id="Page_viii">[viii]</span> -with the law as it now is, so that when the time for legislation -does at last come the result may be the more -satisfactory.</p> - -<p>I have added to this work Part II., dealing with Copyright -in the United States, and I hope it may prove useful not -only to English but to American lawyers and publishers.</p> - -<p>I have to acknowledge much assistance in the preparation -of this work and many invaluable suggestions from my -friends, Mr. Langridge, of the Middle Temple, and Mr. -Mackinnon, of the Inner Temple.</p> - -<p class="author">E. J. MACGILLIVRAY.</p> - -<p>3 <span class="smcap">Temple Gardens</span>,<br /> -<span class="i4"><i>June 1902.</i></span></p> -<hr class="chap" /> - -<p><span class="pagenum" id="Page_ix">[ix]</span></p> - -<h2>CONTENTS</h2> - -<table class="toc" summary="Table of Contents"> - <tr> - <td class="i0"></td> - <td class="tdr">PAGE</td> - </tr> - <tr> - <td class="i0"><span class="smcap">Table of English, Scotch, Irish, Indian, and Colonial Cases</span></td> - <td class="tdr"><a href="#Page_xix">xix</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Table of Cases in the United States</span></td> - <td class="tdr"><a href="#Page_xxxi">xxxi</a></td> - </tr> - <tr> - <th colspan="2">PART I</th> - </tr> - <tr> - <th colspan="2"><i>THE LAW OF COPYRIGHT IN THE UNITED KINGDOM</i></th> - </tr> - <tr> - <th colspan="2"><i>AND THE DOMINIONS OF THE CROWN</i></th> - </tr> - <tr> - <th colspan="2">CHAPTER I</th> - </tr> - <tr> - <td class="i0">INTRODUCTORY</td> - <td class="tdr"><a href="#Page_3">3</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER II</th> - </tr> - <tr> - <th colspan="2">WHAT BOOKS ARE PROTECTED</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec</span>. 1. What is an Original Book</td> - <td class="tdr"><a href="#Page_10">10</a></td> - </tr> - <tr> - <td class="i4">Definition of a Book</td> - <td class="tdr"><a href="#Page_10">10</a></td> - </tr> - <tr> - <td class="i4">Essential Elements of a Book</td> - <td class="tdr"><a href="#Page_11">11</a></td> - </tr> - <tr> - <td class="i8">Physical Form</td> - <td class="tdr"><a href="#Page_11">11</a></td> - </tr> - <tr> - <td class="i8">Literary Matter</td> - <td class="tdr"><a href="#Page_13">13</a></td> - </tr> - <tr> - <td class="i8">Originality</td> - <td class="tdr"><a href="#Page_15">15</a></td> - </tr> - <tr> - <td class="i4">Examples of what are Books</td> - <td class="tdr"><a href="#Page_16">16</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec</span>. 2. <span class="smcap">Publication</span></td> - <td class="tdr"><a href="#Page_36">36</a></td> - </tr> - <tr> - <td class="i4">Divestitive Publication</td> - <td class="tdr"><a href="#Page_37">37</a></td> - </tr> - <tr> - <td class="i4">Investitive Publication</td> - <td class="tdr"><a href="#Page_38">38</a></td> - </tr> - <tr> - <td class="i4">First Publication within the British Dominions</td> - <td class="tdr"><a href="#Page_40">40</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec</span>. 3. <span class="smcap">Author's Nationality</span></td> - <td class="tdr"><a href="#Page_42">42</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec</span>. 4. <span class="smcap">Immoral Works</span></td> - <td class="tdr"><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec</span>. 5. <span class="smcap">Registration</span></td> - <td class="tdr"><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i4">Before Action</td> - <td class="tdr"><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i4">The Requisite Entry</td> - <td class="tdr"><a href="#Page_49">49</a></td> - </tr> - <tr> - <td class="i8">The Actual Title</td> - <td class="tdr"><a href="#Page_49">49</a></td> - </tr> - <tr> - <td class="i8">The Time of First Publication</td> - <td class="tdr"><a href="#Page_51">51</a></td> - </tr> - <tr> - <td class="i8">The Name and Place of Abode of the Publisher</td> - <td class="tdr"><a href="#Page_52">52</a></td> - </tr> - <tr> - <td class="i8">The Name and Place of Abode of the Proprietor</td> - <td class="tdr"><a href="#Page_52">52</a></td> - </tr> - <tr> - <td class="i4">Certificate of Registration</td> - <td class="tdr"><a href="#Page_53">53</a></td> - </tr> - <tr> - <td class="i4">False Entries</td> - <td class="tdr"><a href="#Page_54">54</a></td> - </tr> - <tr> - <td class="i4">Rectification of Register</td> - <td class="tdr"><a href="#Page_54">54</a><span class="pagenum" id="Page_x">[x]</span></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 6. Delivery of Copies to Libraries</span></td> - <td class="tdr"><a href="#Page_55">55</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 7. Duration of Protection</span></td> - <td class="tdr"><a href="#Page_56">56</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 8. Copyright in Lectures</span></td> - <td class="tdr"><a href="#Page_57">57</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER III</th> - </tr> - <tr> - <th colspan="2">THE OWNER OF THE COPYRIGHT IN BOOKS</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. The Crown</span></td> - <td class="tdr"><a href="#Page_59">59</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. The Universities</span></td> - <td class="tdr"><a href="#Page_61">61</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 3. The Author</span></td> - <td class="tdr"><a href="#Page_62">62</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 4. The Employer</span></td> - <td class="tdr"><a href="#Page_66">66</a></td> - </tr> - <tr> - <td class="i4">Under Section 18</td> - <td class="tdr"><a href="#Page_66">66</a></td> - </tr> - <tr> - <td class="i8">Scope of Section</td> - <td class="tdr"><a href="#Page_67">67</a></td> - </tr> - <tr> - <td class="i8">Under such Employment</td> - <td class="tdr"><a href="#Page_68">68</a></td> - </tr> - <tr> - <td class="i8">On Terms that Copyright shall belong to such Proprietor</td> - <td class="tdr"><a href="#Page_68">68</a></td> - </tr> - <tr> - <td class="i8">Joint Employers</td> - <td class="tdr"><a href="#Page_71">71</a></td> - </tr> - <tr> - <td class="i8">Payment</td> - <td class="tdr"><a href="#Page_71">71</a></td> - </tr> - <tr> - <td class="i8">Author's Separate Rights</td> - <td class="tdr"><a href="#Page_72">72</a></td> - </tr> - <tr> - <td class="i4">Employer's Rights where Section 18 does not apply</td> - <td class="tdr"><a href="#Page_73">73</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 5. The Assignee</span></td> - <td class="tdr"><a href="#Page_74">74</a></td> - </tr> - <tr> - <td class="i4">Before Publication</td> - <td class="tdr"><a href="#Page_74">74</a></td> - </tr> - <tr> - <td class="i4">After Publication</td> - <td class="tdr"><a href="#Page_77">77</a></td> - </tr> - <tr> - <td class="i4">Partial Assignment</td> - <td class="tdr"><a href="#Page_80">80</a></td> - </tr> - <tr> - <td class="i4">Assignment distinguished from Licence</td> - <td class="tdr"><a href="#Page_81">81</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 6. The Licensee</span></td> - <td class="tdr"><a href="#Page_82">82</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 7. The Executors or Administrators</span></td> - <td class="tdr"><a href="#Page_83">83</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 8. The Trustee in Bankruptcy</span></td> - <td class="tdr"><a href="#Page_83">83</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER IV</th> - </tr> - <tr> - <th colspan="2">INFRINGEMENT OF COPYRIGHT IN BOOKS</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. Prohibited Acts, and Remedies</span></td> - <td class="tdr"><a href="#Page_84">84</a></td> - </tr> - <tr> - <td class="i4">Causing to be Printed</td> - <td class="tdr"><a href="#Page_85">85</a></td> - </tr> - <tr> - <td class="i4">Damages</td> - <td class="tdr"><a href="#Page_86">86</a></td> - </tr> - <tr> - <td class="i4">Account of Profits</td> - <td class="tdr"><a href="#Page_86">86</a></td> - </tr> - <tr> - <td class="i4">Injunction</td> - <td class="tdr"><a href="#Page_86">86</a></td> - </tr> - <tr> - <td class="i4">Delivery up of Copies</td> - <td class="tdr"><a href="#Page_89">89</a></td> - </tr> - <tr> - <td class="i4">Customs Act</td> - <td class="tdr"><a href="#Page_91">91</a></td> - </tr> - <tr> - <td class="i4">Every Offence</td> - <td class="tdr"><a href="#Page_91">91</a></td> - </tr> - <tr> - <td class="i4">Limitation of Action</td> - <td class="tdr"><a href="#Page_91">91</a></td> - </tr> - <tr> - <td class="i4">Pleading</td> - <td class="tdr"><a href="#Page_92">92</a></td> - </tr> - <tr> - <td class="i4">Evidence</td> - <td class="tdr"><a href="#Page_94">94</a></td> - </tr> - <tr> - <td class="i4">Discovery</td> - <td class="tdr"><a href="#Page_94">94</a></td> - </tr> - <tr> - <td class="i4">Mode of Trial</td> - <td class="tdr"><a href="#Page_94">94</a></td> - </tr> - <tr> - <td class="i4">Costs</td> - <td class="tdr"><a href="#Page_95">95</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. What is a Piratical Copy</span></td> - <td class="tdr"><a href="#Page_96">96</a></td> - </tr> - <tr> - <td class="i4">What is a Copy</td> - <td class="tdr"><a href="#Page_97">97</a></td> - </tr> - <tr> - <td class="i4">A Substantial Part must be Taken</td> - <td class="tdr"><a href="#Page_97">97</a><span class="pagenum" id="Page_xi">[xi]</span></td> - </tr> - <tr> - <td class="i4">No <i>Animus Furandi</i> need be Proved</td> - <td class="tdr"><a href="#Page_100">100</a></td> - </tr> - <tr> - <td class="i4">Taking not necessarily for Profit</td> - <td class="tdr"><a href="#Page_101">101</a></td> - </tr> - <tr> - <td class="i4">Copying may be Indirect and Unintentional</td> - <td class="tdr"><a href="#Page_102">102</a></td> - </tr> - <tr> - <td class="i4">Custom of Trade</td> - <td class="tdr"><a href="#Page_102">102</a></td> - </tr> - <tr> - <td class="i4">Fair Use</td> - <td class="tdr"><a href="#Page_103">103</a></td> - </tr> - <tr> - <td class="i8">No one can Monopolize a Field of Labour</td> - <td class="tdr"><a href="#Page_103">103</a></td> - </tr> - <tr> - <td class="i8">No Infringement to take Facts</td> - <td class="tdr"><a href="#Page_104">104</a></td> - </tr> - <tr> - <td class="i8">No Infringement to take the General Scheme of another's Work</td> - <td class="tdr"><a href="#Page_105">105</a></td> - </tr> - <tr> - <td class="i8">Every Author must do his own work</td> - <td class="tdr"><a href="#Page_105">105</a></td> - </tr> - <tr> - <td class="i8">Work with a Different Object</td> - <td class="tdr"><a href="#Page_109">109</a></td> - </tr> - <tr> - <td class="i8">Extract for purpose of Criticism</td> - <td class="tdr"><a href="#Page_111">111</a></td> - </tr> - <tr> - <td class="i8">Improvement or Addition of New Matter no Excuse</td> - <td class="tdr"><a href="#Page_112">112</a></td> - </tr> - <tr> - <td class="i8">Dramatization of a Novel</td> - <td class="tdr"><a href="#Page_114">114</a></td> - </tr> - <tr> - <td class="i8">Abridgments</td> - <td class="tdr"><a href="#Page_114">114</a></td> - </tr> - <tr> - <td class="i8">Translations</td> - <td class="tdr"><a href="#Page_116">116</a></td> - </tr> - <tr> - <td class="i4">Licence</td> - <td class="tdr"><a href="#Page_118">118</a></td> - </tr> - <tr> - <td class="i4">Abandonment</td> - <td class="tdr"><a href="#Page_119">119</a></td> - </tr> - <tr> - <td class="i4">Acquiescence and Delay</td> - <td class="tdr"><a href="#Page_119">119</a></td> - </tr> - <tr> - <td class="i4">Provision against the Suppression of Books</td> - <td class="tdr"><a href="#Page_119">119</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER V</th> - </tr> - <tr> - <th colspan="2">PERFORMING RIGHTS</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. Nature of Performing Right</span></td> - <td class="tdr"><a href="#Page_120">120</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. Performing Right at Common Law</span></td> - <td class="tdr"><a href="#Page_121">121</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 3. What is a Dramatic Work</span></td> - <td class="tdr"><a href="#Page_123">123</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 4. What Dramatic Works are Protected, and Duration of Protection</span></td> - <td class="tdr"><a href="#Page_126">126</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 5. What is a Musical Composition</span></td> - <td class="tdr"><a href="#Page_130">130</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 6. What Musical Works are Protected, and Duration of Protection</span></td> - <td class="tdr"><a href="#Page_130">130</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 7. Registration of Performing Rights</span></td> - <td class="tdr"><a href="#Page_131">131</a></td> - </tr> - <tr> - <td class="i4">Musical Compositions</td> - <td class="tdr"><a href="#Page_133">133</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 8. Assignment of Performing Rights</span></td> - <td class="tdr"><a href="#Page_134">134</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 9. Infringement of Dramatic Performing Rights</span></td> - <td class="tdr"><a href="#Page_135">135</a></td> - </tr> - <tr> - <td class="i4">Public Performance</td> - <td class="tdr"><a href="#Page_135">135</a></td> - </tr> - <tr> - <td class="i4">Substantial Part</td> - <td class="tdr"><a href="#Page_138">138</a></td> - </tr> - <tr> - <td class="i4">Causing to be Represented</td> - <td class="tdr"><a href="#Page_139">139</a></td> - </tr> - <tr> - <td class="i4">Knowledge</td> - <td class="tdr"><a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i4">Innocent Agents</td> - <td class="tdr"><a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i4">Licence</td> - <td class="tdr"><a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 10. Infringement of Musical Performing Rights</span></td> - <td class="tdr"><a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i4">Substantial Part</td> - <td class="tdr"><a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i4">Public Performance</td> - <td class="tdr"><a href="#Page_143">143</a></td> - </tr> - <tr> - <td class="i4">Causing to be Represented</td> - <td class="tdr"><a href="#Page_143">143</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 11. Remedies for Infringement of Dramatic Performing Rights</span></td> - <td class="tdr"><a href="#Page_144">144</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 12. Remedies for Infringement of Musical Performing Rights</span></td> - <td class="tdr"><a href="#Page_145">145</a><span class="pagenum" id="Page_xii">[xii]</span></td> - </tr> - <tr> - <th colspan="2">CHAPTER VI</th> - </tr> - <tr> - <th colspan="2">COPYRIGHT IN ENGRAVINGS</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. What Works are Protected</span></td> - <td class="tdr"><a href="#Page_146">146</a></td> - </tr> - <tr> - <td class="i4">What is an Original Engraving</td> - <td class="tdr"><a href="#Page_146">146</a></td> - </tr> - <tr> - <td class="i8">Originality</td> - <td class="tdr"><a href="#Page_147">147</a></td> - </tr> - <tr> - <td class="i8">Maps, Charts, and Plans</td> - <td class="tdr"><a href="#Page_148">148</a></td> - </tr> - <tr> - <td class="i8">Engravings in a Book</td> - <td class="tdr"><a href="#Page_149">149</a></td> - </tr> - <tr> - <td class="i4">Must the Engraving be made within the British Dominions</td> - <td class="tdr"><a href="#Page_150">150</a></td> - </tr> - <tr> - <td class="i4">The Engraving must be First Published within the British Dominions</td> - <td class="tdr"><a href="#Page_150">150</a></td> - </tr> - <tr> - <td class="i4">Date of First Publication and Proprietor's Name</td> - <td class="tdr"><a href="#Page_151">151</a></td> - </tr> - <tr> - <td class="i8">Name of Proprietor</td> - <td class="tdr"><a href="#Page_151">151</a></td> - </tr> - <tr> - <td class="i4">Immoral Works</td> - <td class="tdr"><a href="#Page_152">152</a></td> - </tr> - <tr> - <td class="i4">Duration of Protection</td> - <td class="tdr"><a href="#Page_152">152</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. The Owner of the Copyright</span></td> - <td class="tdr"><a href="#Page_152">152</a></td> - </tr> - <tr> - <td class="i4">The Engraver</td> - <td class="tdr"><a href="#Page_152">152</a></td> - </tr> - <tr> - <td class="i4">The Employer</td> - <td class="tdr"><a href="#Page_153">153</a></td> - </tr> - <tr> - <td class="i4">The Assignee</td> - <td class="tdr"><a href="#Page_154">154</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 3. Infringement of the Copyright</span></td> - <td class="tdr"><a href="#Page_155">155</a></td> - </tr> - <tr> - <td class="i4">Prohibited Acts and Remedies</td> - <td class="tdr"><a href="#Page_155">155</a></td> - </tr> - <tr> - <td class="i8">Guilty Knowledge</td> - <td class="tdr"><a href="#Page_156">156</a></td> - </tr> - <tr> - <td class="i8">Limitation of Action</td> - <td class="tdr"><a href="#Page_156">156</a></td> - </tr> - <tr> - <td class="i8">Costs</td> - <td class="tdr"><a href="#Page_156">156</a></td> - </tr> - <tr> - <td class="i8">Copying for Private Use</td> - <td class="tdr"><a href="#Page_156">156</a></td> - </tr> - <tr> - <td class="i4">What is a Piratical Copy</td> - <td class="tdr"><a href="#Page_156">156</a></td> - </tr> - <tr> - <td class="i8">Licence a Defence</td> - <td class="tdr"><a href="#Page_159">159</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER VII</th> - </tr> - <tr> - <th colspan="2">COPYRIGHT IN SCULPTURE</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. What Works are Protected</span></td> - <td class="tdr"><a href="#Page_161">161</a></td> - </tr> - <tr> - <td class="i4">What is an Original Sculpture</td> - <td class="tdr"><a href="#Page_161">161</a></td> - </tr> - <tr> - <td class="i4">The Sculpture must be First Published within the British Dominions</td> - <td class="tdr"><a href="#Page_162">162</a></td> - </tr> - <tr> - <td class="i8">Publication</td> - <td class="tdr"><a href="#Page_162">162</a></td> - </tr> - <tr> - <td class="i4">Author's Nationality</td> - <td class="tdr"><a href="#Page_162">162</a></td> - </tr> - <tr> - <td class="i4">Proprietor's Name and Date</td> - <td class="tdr"><a href="#Page_162">162</a></td> - </tr> - <tr> - <td class="i8">Proprietor's Name</td> - <td class="tdr"><a href="#Page_163">163</a></td> - </tr> - <tr> - <td class="i8">Date</td> - <td class="tdr"><a href="#Page_163">163</a></td> - </tr> - <tr> - <td class="i4">Immoral Works</td> - <td class="tdr"><a href="#Page_163">163</a></td> - </tr> - <tr> - <td class="i4">Duration of Protection</td> - <td class="tdr"><a href="#Page_163">163</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. The Owner of the Copyright</span></td> - <td class="tdr"><a href="#Page_164">164</a></td> - </tr> - <tr> - <td class="i4">The Artist</td> - <td class="tdr"><a href="#Page_164">164</a></td> - </tr> - <tr> - <td class="i4">The Employer</td> - <td class="tdr"><a href="#Page_164">164</a></td> - </tr> - <tr> - <td class="i4">The Assignee</td> - <td class="tdr"><a href="#Page_164">164</a><span class="pagenum" id="Page_xiii">[xiii]</span></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 3. Infringement of the Copyright</span></td> - <td class="tdr"><a href="#Page_164">164</a></td> - </tr> - <tr> - <td class="i4">Prohibited Acts and Remedies</td> - <td class="tdr"><a href="#Page_164">164</a></td> - </tr> - <tr> - <td class="i8">Guilty Knowledge</td> - <td class="tdr"><a href="#Page_165">165</a></td> - </tr> - <tr> - <td class="i8">Limitation of Action</td> - <td class="tdr"><a href="#Page_165">165</a></td> - </tr> - <tr> - <td class="i8">Copying for Private Use</td> - <td class="tdr"><a href="#Page_165">165</a></td> - </tr> - <tr> - <td class="i4">What is a Piratical Copy</td> - <td class="tdr"><a href="#Page_165">165</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER VIII</th> - </tr> - <tr> - <th colspan="2">COPYRIGHT IN PAINTINGS, DRAWINGS, AND PHOTOGRAPHS</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. What Works are Protected</span></td> - <td class="tdr"><a href="#Page_167">167</a></td> - </tr> - <tr> - <td class="i4">Every Original Painting, Drawing, and Photograph</td> - <td class="tdr"><a href="#Page_167">167</a></td> - </tr> - <tr> - <td class="i8">Originality</td> - <td class="tdr"><a href="#Page_167">167</a></td> - </tr> - <tr> - <td class="i8">Artistic Merit</td> - <td class="tdr"><a href="#Page_168">168</a></td> - </tr> - <tr> - <td class="i4">Publication Outside the British Dominions</td> - <td class="tdr"><a href="#Page_168">168</a></td> - </tr> - <tr> - <td class="i4">Published</td> - <td class="tdr"><a href="#Page_169">169</a></td> - </tr> - <tr> - <td class="i4">Nationality or Residence of Artist</td> - <td class="tdr"><a href="#Page_170">170</a></td> - </tr> - <tr> - <td class="i4">Registration</td> - <td class="tdr"><a href="#Page_171">171</a></td> - </tr> - <tr> - <td class="i8">The Requisite Entry</td> - <td class="tdr"><a href="#Page_171">171</a></td> - </tr> - <tr> - <td class="i8">Name</td> - <td class="tdr"><a href="#Page_173">173</a></td> - </tr> - <tr> - <td class="i8">Place of Abode</td> - <td class="tdr"><a href="#Page_173">173</a></td> - </tr> - <tr> - <td class="i8">Short Description</td> - <td class="tdr"><a href="#Page_173">173</a></td> - </tr> - <tr> - <td class="i4">Immoral W</td> - <td class="tdr"><a href="#Page_174">174</a></td> - </tr> - <tr> - <td class="i4">Duration of Protection</td> - <td class="tdr"><a href="#Page_174">174</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. The Owner of the Copyright</span></td> - <td class="tdr"><a href="#Page_174">174</a></td> - </tr> - <tr> - <td class="i4">The "Author"</td> - <td class="tdr"><a href="#Page_174">174</a></td> - </tr> - <tr> - <td class="i4">The Employer</td> - <td class="tdr"><a href="#Page_175">175</a></td> - </tr> - <tr> - <td class="i4">The Assignee</td> - <td class="tdr"><a href="#Page_176">176</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 3. Infringement</span></td> - <td class="tdr"><a href="#Page_177">177</a></td> - </tr> - <tr> - <td class="i4">Prohibited Acts and Remedies</td> - <td class="tdr"><a href="#Page_177">177</a></td> - </tr> - <tr> - <td class="i8">Cause or Procure</td> - <td class="tdr"><a href="#Page_178">178</a></td> - </tr> - <tr> - <td class="i8">Innocent Agent</td> - <td class="tdr"><a href="#Page_179">179</a></td> - </tr> - <tr> - <td class="i8">Unlawful Copy</td> - <td class="tdr"><a href="#Page_179">179</a></td> - </tr> - <tr> - <td class="i8">Separate Offence</td> - <td class="tdr"><a href="#Page_179">179</a></td> - </tr> - <tr> - <td class="i8">Copying for Private Use</td> - <td class="tdr"><a href="#Page_180">180</a></td> - </tr> - <tr> - <td class="i8">Action on Breach of Contract</td> - <td class="tdr"><a href="#Page_180">180</a></td> - </tr> - <tr> - <td class="i8">Fraudulent Acts</td> - <td class="tdr"><a href="#Page_180">180</a></td> - </tr> - <tr> - <td class="i8">Limitation of Action</td> - <td class="tdr"><a href="#Page_181">181</a></td> - </tr> - <tr> - <td class="i8">Evidence</td> - <td class="tdr"><a href="#Page_181">181</a></td> - </tr> - <tr> - <td class="i4">What is a Piratical Copy</td> - <td class="tdr"><a href="#Page_181">181</a></td> - </tr> - <tr> - <td class="i8">No Monopoly</td> - <td class="tdr"><a href="#Page_181">181</a></td> - </tr> - <tr> - <td class="i8">What is a Copy</td> - <td class="tdr"><a href="#Page_181">181</a></td> - </tr> - <tr> - <td class="i8">General Idea may be Taken</td> - <td class="tdr"><a href="#Page_182">182</a></td> - </tr> - <tr> - <td class="i8">Material Part</td> - <td class="tdr"><a href="#Page_183">183</a></td> - </tr> - <tr> - <td class="i8">Indirect Taking</td> - <td class="tdr"><a href="#Page_184">184</a></td> - </tr> - <tr> - <td class="i8">Guilty Knowledge</td> - <td class="tdr"><a href="#Page_184">184</a></td> - </tr> - <tr> - <td class="i8">Replicas</td> - <td class="tdr"><a href="#Page_184">184</a></td> - </tr> - <tr> - <td class="i8">Licence a Defence</td> - <td class="tdr"><a href="#Page_184">184</a><span class="pagenum" id="Page_xiv">[xiv]</span></td> - </tr> - <tr> - <th colspan="2">CHAPTER IX</th> - </tr> - <tr> - <th colspan="2">COLONIAL COPYRIGHT</th> - </tr> - <tr> - <td class="i0">Books</td> - <td class="tdr"><a href="#Page_186">186</a></td> - </tr> - <tr> - <td class="i0">Artistic Works</td> - <td class="tdr"><a href="#Page_191">191</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER X</th> - </tr> - <tr> - <th colspan="2">INTERNATIONAL COPYRIGHT</th> - </tr> - <tr> - <td class="i0">Works Produced in His Majesty's Dominions</td> - <td class="tdr"><a href="#Page_193">193</a></td> - </tr> - <tr> - <td class="i0">Works Produced in Foreign Countries with which this Country has no Treaty</td> - <td class="tdr"><a href="#Page_193">193</a></td> - </tr> - <tr> - <td class="i0">Works Produced in Foreign Countries with which this Country has a Treaty</td> - <td class="tdr"><a href="#Page_193">193</a></td> - </tr> - <tr> - <td class="i0">What Foreign Works are entitled to Protection</td> - <td class="tdr"><a href="#Page_195">195</a></td> - </tr> - <tr> - <td class="i4">Produced</td> - <td class="tdr"><a href="#Page_195">195</a></td> - </tr> - <tr> - <td class="i4">Character of Work</td> - <td class="tdr"><a href="#Page_196">196</a></td> - </tr> - <tr> - <td class="i4">Unpublished Works</td> - <td class="tdr"><a href="#Page_196">196</a></td> - </tr> - <tr> - <td class="i4">Special Provisions</td> - <td class="tdr"><a href="#Page_197">197</a></td> - </tr> - <tr> - <td class="i0">Works Produced in Foreign Countries before 6th December 1887</td> - <td class="tdr"><a href="#Page_197">197</a></td> - </tr> - <tr> - <td class="i0">Formalities Required in case of Foreign Work</td> - <td class="tdr"><a href="#Page_198">198</a></td> - </tr> - <tr> - <td class="i0">Who are Entitled to Sue in respect of a Foreign Work</td> - <td class="tdr"><a href="#Page_200">200</a></td> - </tr> - <tr> - <td class="i0">Evidence of Title</td> - <td class="tdr"><a href="#Page_200">200</a></td> - </tr> - <tr> - <td class="i0">Protection afforded to Foreign Works</td> - <td class="tdr"><a href="#Page_200">200</a></td> - </tr> - <tr> - <td class="i4">Works Published before 6th December 1887</td> - <td class="tdr"><a href="#Page_202">202</a></td> - </tr> - <tr> - <td class="i4">Translating Right</td> - <td class="tdr"><a href="#Page_203">203</a></td> - </tr> - <tr> - <td class="i4">Articles in Newspapers and Periodicals</td> - <td class="tdr"><a href="#Page_204">204</a></td> - </tr> - <tr> - <td class="i4">Photographic Works</td> - <td class="tdr"><a href="#Page_204">204</a></td> - </tr> - <tr> - <td class="i4">Performing Right in Dramatic or Dramatic Musical Works</td> - <td class="tdr"><a href="#Page_204">204</a></td> - </tr> - <tr> - <td class="i4">Express Provision as to particular kind of Infringement</td> - <td class="tdr"><a href="#Page_205">205</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER XI</th> - </tr> - <tr> - <th colspan="2">COMMON LAW</th> - </tr> - <tr> - <td class="i0">Title—Passing off</td> - <td class="tdr"><a href="#Page_206">206</a></td> - </tr> - <tr> - <td class="i4">No Copyright in Title.</td> - <td class="tdr"><a href="#Page_206">206</a></td> - </tr> - <tr> - <td class="i4">Whether Protection is based on a Right of Property in Title</td> - <td class="tdr"><a href="#Page_207">207</a></td> - </tr> - <tr> - <td class="i4">Knowledge of Existence and Value on the part of the Public</td> - <td class="tdr"><a href="#Page_208">208</a></td> - </tr> - <tr> - <td class="i4">Non-user of Title</td> - <td class="tdr"><a href="#Page_208">208</a></td> - </tr> - <tr> - <td class="i4">No Fraud need be Proved</td> - <td class="tdr"><a href="#Page_209">209</a></td> - </tr> - <tr> - <td class="i4">Must be Calculated to Deceive</td> - <td class="tdr"><a href="#Page_209">209</a></td> - </tr> - <tr> - <td class="i4">Cases in which an Injunction Granted</td> - <td class="tdr"><a href="#Page_209">209</a></td> - </tr> - <tr> - <td class="i4">Cases where Injunction Refused</td> - <td class="tdr"><a href="#Page_211">211</a></td> - </tr> - <tr> - <td class="i0">Malicious Criticism</td> - <td class="tdr"><a href="#Page_213">213</a></td> - </tr> - <tr> - <td class="i0">Slander of Title</td> - <td class="tdr"><a href="#Page_213">213</a><span class="pagenum" id="Page_xv">[xv]</span></td> - </tr> - <tr> - <td class="i0">Author who has parted with Copyright is entitled to Protect his Reputation</td> - <td class="tdr"><a href="#Page_213">213</a></td> - </tr> - <tr> - <td class="i0">Protection from Breach of Faith or Contract</td> - <td class="tdr"><a href="#Page_215">215</a></td> - </tr> - <tr> - <td class="i0">Unpublished Works</td> - <td class="tdr"><a href="#Page_220">220</a></td> - </tr> - <tr> - <td class="i0">Speeches and Sermons</td> - <td class="tdr"><a href="#Page_223">223</a></td> - </tr> - <tr> - <td class="i0">Letters</td> - <td class="tdr"><a href="#Page_225">225</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER XII</th> - </tr> - <tr> - <th colspan="2">PUBLISHING AND PRINTING AGREEMENTS</th> - </tr> - <tr> - <td class="i0">Publishers' Agreements</td> - <td class="tdr"><a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Printers' Agreements</td> - <td class="tdr"><a href="#Page_230">230</a></td> - </tr> - <tr> - <th colspan="2">PART II</th> - </tr> - <tr> - <th colspan="2"><i>THE LAW OF COPYRIGHT IN THE UNITED STATES</i></th> - </tr> - <tr> - <th colspan="2">CHAPTER I</th> - </tr> - <tr> - <td class="i0">INTRODUCTORY</td> - <td class="tdr"><a href="#Page_235">235</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER II</th> - </tr> - <tr> - <th colspan="2">WHAT WORKS ARE ENTITLED TO COPYRIGHT</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. An Original Literary or Artistic Work</span></td> - <td class="tdr"><a href="#Page_236">236</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. Nationality of the Author</span></td> - <td class="tdr"><a href="#Page_247">247</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 3. Necessary Formalities</span></td> - <td class="tdr"><a href="#Page_250">250</a></td> - </tr> - <tr> - <td class="i4">Conditions Precedent</td> - <td class="tdr"><a href="#Page_251">251</a></td> - </tr> - <tr> - <td class="i4">Delivery of Title</td> - <td class="tdr"><a href="#Page_251">251</a></td> - </tr> - <tr> - <td class="i4">Delivery of Description</td> - <td class="tdr"><a href="#Page_253">253</a></td> - </tr> - <tr> - <td class="i4">Delivery of Copies</td> - <td class="tdr"><a href="#Page_253">253</a></td> - </tr> - <tr> - <td class="i4">Printing in the United States</td> - <td class="tdr"><a href="#Page_254">254</a></td> - </tr> - <tr> - <td class="i4">Retrospective Provision</td> - <td class="tdr"><a href="#Page_254">254</a></td> - </tr> - <tr> - <td class="i4">Notice of Copyright</td> - <td class="tdr"><a href="#Page_255">255</a></td> - </tr> - <tr> - <td class="i4">Publication</td> - <td class="tdr"><a href="#Page_260">260</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 4. Immoral Works</span></td> - <td class="tdr"><a href="#Page_266">266</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 5. Duration of Copyright</span></td> - <td class="tdr"><a href="#Page_267">267</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER III</th> - </tr> - <tr> - <th colspan="2">WHO IS THE OWNER OF THE COPYRIGHT</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. The Author</span></td> - <td class="tdr"><a href="#Page_269">269</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. The Employer</span></td> - <td class="tdr"><a href="#Page_271">271</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 3. The State</span></td> - <td class="tdr"><a href="#Page_272">272</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 4. The Assignee</span></td> - <td class="tdr"><a href="#Page_272">272</a><span class="pagenum" id="Page_xvi">[xvi]</span></td> - </tr> - <tr> - <th colspan="2">CHAPTER IV</th> - </tr> - <tr> - <th colspan="2">INFRINGEMENT OF COPYRIGHT</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. What is a Piratical Copy</span></td> - <td class="tdr"><a href="#Page_276">276</a></td> - </tr> - <tr> - <td class="i4">Copying may be Indirect</td> - <td class="tdr"><a href="#Page_277">277</a></td> - </tr> - <tr> - <td class="i4">The Intention need not be Bad</td> - <td class="tdr"><a href="#Page_277">277</a></td> - </tr> - <tr> - <td class="i4">Proof of Copying</td> - <td class="tdr"><a href="#Page_277">277</a></td> - </tr> - <tr> - <td class="i4">No Monopoly in the Subject-Matter</td> - <td class="tdr"><a href="#Page_278">278</a></td> - </tr> - <tr> - <td class="i4">Taking a Substantial Part</td> - <td class="tdr"><a href="#Page_279">279</a></td> - </tr> - <tr> - <td class="i4">Fair Use</td> - <td class="tdr"><a href="#Page_281">281</a></td> - </tr> - <tr> - <td class="i4">Improvement no Excuse</td> - <td class="tdr"><a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i4">Different Object</td> - <td class="tdr"><a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i4">Extract for Review</td> - <td class="tdr"><a href="#Page_284">284</a></td> - </tr> - <tr> - <td class="i4">Abridgments</td> - <td class="tdr"><a href="#Page_284">284</a></td> - </tr> - <tr> - <td class="i4">Translations</td> - <td class="tdr"><a href="#Page_286">286</a></td> - </tr> - <tr> - <td class="i4">Dramatic Performing Right</td> - <td class="tdr"><a href="#Page_286">286</a></td> - </tr> - <tr> - <td class="i4">Musical Rights</td> - <td class="tdr"><a href="#Page_287">287</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. Prohibited Acts and Remedies</span></td> - <td class="tdr"><a href="#Page_287">287</a></td> - </tr> - <tr> - <td class="i4">Account of Profits</td> - <td class="tdr"><a href="#Page_289">289</a></td> - </tr> - <tr> - <td class="i4">Damages</td> - <td class="tdr"><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i4">Penalties</td> - <td class="tdr"><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i4">Forfeiture</td> - <td class="tdr"><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i4">Injunction</td> - <td class="tdr"><a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i4">Who is Liable</td> - <td class="tdr"><a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i4">Limitation of Action</td> - <td class="tdr"><a href="#Page_292">292</a></td> - </tr> - <tr> - <td class="i4">Acquiescence</td> - <td class="tdr"><a href="#Page_292">292</a></td> - </tr> - <tr> - <td class="i4">Pleading</td> - <td class="tdr"><a href="#Page_293">293</a></td> - </tr> - <tr> - <td class="i4">Penalties for affixing False Notice</td> - <td class="tdr"><a href="#Page_293">293</a></td> - </tr> - <tr> - <td class="i4">Importing Books Printed outside the United States</td> - <td class="tdr"><a href="#Page_294">294</a></td> - </tr> - <tr> - <th colspan="2">CHAPTER V</th> - </tr> - <tr> - <th colspan="2">COMMON LAW RIGHTS</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 1. Published Work</span></td> - <td class="tdr"><a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i4">Passing Off</td> - <td class="tdr"><a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sec. 2. Unpublished Work</span></td> - <td class="tdr"><a href="#Page_298">298</a></td> - </tr> - <tr> - <th colspan="2">APPENDIX</th> - </tr> - <tr> - <th colspan="2">BRITISH STATUTES</th> - </tr> - <tr> - <td class="i0"><span class="smcap">The Engraving Copyright Act</span>, 1734</td> - <td class="tdr"><a href="#Page_303">303</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Engraving Copyright Act</span>, 1766</td> - <td class="tdr"><a href="#Page_305">305</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Copyright Act</span>, 1775 (Universities)</td> - <td class="tdr"><a href="#Page_307">307</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Prints Copyright Act</span>, 1777</td> - <td class="tdr"><a href="#Page_310">310</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Sculpture Copyright Act</span>, 1814</td> - <td class="tdr"><a href="#Page_311">311</a><span class="pagenum" id="Page_xvii">[xvii]</span></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Dramatic Copyright Act, 1833</span></td> - <td class="tdr"><a href="#Page_313">313</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Lectures Copyright Act, 1835</span></td> - <td class="tdr"><a href="#Page_315">315</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Prints and Engravings Copyright Act, 1836</span></td> - <td class="tdr"><a href="#Page_316">316</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Copyright Act, 1836</span> (Compensation to Libraries)</td> - <td class="tdr"><a href="#Page_317">317</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Copyright Act, 1842</span></td> - <td class="tdr"><a href="#Page_317">317</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The International Copyright Act, 1844</span></td> - <td class="tdr"><a href="#Page_329">329</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Colonial Copyright Act, 1847</span></td> - <td class="tdr"><a href="#Page_337">337</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Copyright in Designs Act, 1850</span>, secs. 6 and 7 (Sculpture)</td> - <td class="tdr"><a href="#Page_338">338</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The International Copyright Act, 1852</span></td> - <td class="tdr"><a href="#Page_339">339</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Fine Arts Copyright Act, 1862</span></td> - <td class="tdr"><a href="#Page_343">343</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The International Copyright Act, 1875</span></td> - <td class="tdr"><a href="#Page_348">348</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Canada Copyright Act, 1875</span></td> - <td class="tdr"><a href="#Page_349">349</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Customs Laws Consolidation Act, 1876</span></td> - <td class="tdr"><a href="#Page_350">350</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Copyright (Musical Compositions) Act, 1882</span></td> - <td class="tdr"><a href="#Page_351">351</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The International Copyright Act, 1886</span></td> - <td class="tdr"><a href="#Page_353">353</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Copyright (Musical Compositions) Act, 1888</span></td> - <td class="tdr"><a href="#Page_360">360</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Revenue Act, 1889</span></td> - <td class="tdr"><a href="#Page_361">361</a></td> - </tr> - <tr> - <th colspan="2">INTERNATIONAL CONVENTIONS</th> - </tr> - <tr> - <td class="i0"><span class="smcap">The Berne Convention, 1886</span></td> - <td class="tdr"><a href="#Page_361">361</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Order in Council, 1887</span></td> - <td class="tdr"><a href="#Page_370">370</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">The Additional Act of Paris, 1896</span></td> - <td class="tdr"><a href="#Page_373">373</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Order in Council, 1898</span></td> - <td class="tdr"><a href="#Page_376">376</a></td> - </tr> - <tr> - <th colspan="2">TREASURY MINUTE</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Government Publications Treasury Minute, 1887</span></td> - <td class="tdr"><a href="#Page_377">377</a></td> - </tr> - <tr> - <th colspan="2">AMERICAN STATUTES</th> - </tr> - <tr> - <td class="i0"><span class="smcap">Revised Statutes, 1874</span></td> - <td class="tdr"><a href="#Page_379">379</a></td> - </tr> - <tr> - <td class="i0"><span class="smcap">Act of Congress</span>, June 18, 1874</td> - <td class="tdr"><a href="#Page_384">384</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span>August 1, 1882</td> - <td class="tdr"><a href="#Page_384">384</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span>October 1, 1890</td> - <td class="tdr"><a href="#Page_385">385</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span>March 3, 1891</td> - <td class="tdr"><a href="#Page_385">385</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span>March 3, 1893</td> - <td class="tdr"><a href="#Page_389">389</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span>March 2, 1895</td> - <td class="tdr"><a href="#Page_390">390</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span>January 6, 1897</td> - <td class="tdr"><a href="#Page_390">390</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span>March 3, 1897</td> - <td class="tdr"><a href="#Page_391">391</a><span class="pagenum" id="Page_xviii">[xviii]</span></td> - </tr> -</table> -<hr class="chap" /> - -<p><span class="pagenum" id="Page_xix">[xix]</span></p> - -<h3>TABLE OF CASES</h3> - -<blockquote> - -<p class="center"><i>N. B. In the page references the figures in larger type indicate that the facts of -the case will be found most fully stated on that particular page.</i></p></blockquote> - -<p class="caption">ENGLISH, SCOTCH, IRISH, INDIAN, AND COLONIAL CASES</p> - -<table class="cases" summary="TABLE OF CASES"> - <tr> - <td class="i0"><span class="smcap">Abernethy</span> <i>v.</i> Hutchinson</td> - <td>1825</td> - <td>3 L. J. (O. S.), Ch., 209</td> - <td><a href="#Page_37">37</a>, <a href="#Page_38">38</a>, <a href="#Page_219">219</a>, <a href="#Page_222">222</a>, <a href="#Page_224"><big>224</big></a></td> - </tr> - <tr> - <td class="i0">Adams <i>v.</i> Batley</td> - <td>1887</td> - <td>18 Q. B. D., 625</td> - <td><a href="#Page_144">144</a></td> - </tr> - <tr> - <td class="i0">Aflalo <i>v.</i> Lawrence</td> - <td>—</td> - <td>[1902], 1 Ch., 264</td> - <td><a href="#Page_71"><big>71</big></a></td> - </tr> - <tr> - <td class="i0">Ager <i>v.</i> Collingridge</td> - <td>1886</td> - <td>2 T. L. R., 291</td> - <td><a href="#Page_20"><big>20</big></a></td> - </tr> - <tr> - <td class="i0">Ager <i>v.</i> P. & O. Steam Navigation Co.</td> - <td>1884</td> - <td>26 Ch. D., 637</td> - <td><a href="#Page_20"><big>20</big></a>, <a href="#Page_102">102</a>, <a href="#Page_118">118</a></td> - </tr> - <tr> - <td class="i0">Alexander <i>v.</i> Mackenzie</td> - <td>1847</td> - <td>9 D., 748</td> - <td><big><a href="#Page_23">23</a>, <a href="#Page_101">101</a></big>, <a href="#Page_104">104</a></td> - </tr> - <tr> - <td class="i0">Allen <i>v.</i> Lyon</td> - <td>1884</td> - <td>5 Ont. Rep., 615</td> - <td><a href="#Page_118">118</a></td> - </tr> - <tr> - <td class="i0">Anglo-Canadian <i>v.</i> Suckling</td> - <td>1889</td> - <td>17 Ont. Rep., 239</td> - <td><a href="#Page_191">191</a></td> - </tr> - <tr> - <td class="i0">Anonymous Case</td> - <td>1774</td> - <td>Lofft., 775</td> - <td><a href="#Page_115">115</a></td> - </tr> - <tr> - <td class="i0">Anstruther <i>v.</i> Bentley</td> - <td>1866</td> - <td>14 W. R., 630</td> - <td><a href="#Page_228">228</a></td> - </tr> - <tr> - <td class="i0">Archbold <i>v.</i> Sweet</td> - <td>1832</td> - <td>5 C. and P., 219</td> - <td><a href="#Page_214">214</a></td> - </tr> - <tr> - <td class="i0">Austria, Emperor of, <i>v.</i> Day</td> - <td>1861</td> - <td>4 L. T. (N. S.), 494</td> - <td><a href="#Page_90">90</a></td> - </tr> - <tr> - <td class="i0">Avanzo <i>v.</i> Mudie</td> - <td>1854</td> - <td>10 Exch., 203</td> - <td><big><a href="#Page_200">200</a></big></td> - </tr> - <tr> - <td class="i0">Avery <i>v.</i> Wood</td> - <td>—</td> - <td>[1891], 3 Ch., 115</td> - <td><a href="#Page_144">144</a>, <a href="#Page_156">156</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Bach</span> <i>v.</i> Longman</td> - <td>1777</td> - <td>2 Cowp., 623</td> - <td><a href="#Page_36">36</a>, <a href="#Page_97">97</a></td> - </tr> - <tr> - <td class="i0">Baily <i>v.</i> Taylor</td> - <td>1829</td> - <td>1 Russ. and My., 73</td> - <td><a href="#Page_15">15</a>, <big><a href="#Page_23">23</a></big>, <a href="#Page_86">86</a>, <a href="#Page_87">87</a>, <a href="#Page_98">98</a>, <a href="#Page_105">105</a>, <a href="#Page_109">109</a></td> - </tr> - <tr> - <td class="i0">Barfield <i>v.</i> Nicholson</td> - <td>1824</td> - <td>2 Sim. and Stu., 1</td> - <td><a href="#Page_62">62</a>, <a href="#Page_220">220</a>, <a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Barnett <i>v.</i> Glossop</td> - <td>183</td> - <td>1 Bing., N. C., 633</td> - <td><a href="#Page_93">93</a></td> - </tr> - <tr> - <td class="i0">Baschet <i>v.</i> <i>London Illustrated Standard</i></td> - <td>—</td> - <td>[1900], 1 Ch., 73</td> - <td><a href="#Page_46">46</a>, <a href="#Page_152">152</a>, <a href="#Page_174">174</a>, <a href="#Page_179">179</a>, <a href="#Page_180">180</a>, <a href="#Page_201">201</a></td> - </tr> - <tr> - <td class="i0">Baskett <i>v.</i> Cunningham</td> - <td>1762</td> - <td>1 Wm. Black, 370</td> - <td><a href="#Page_59">59</a>, <a href="#Page_60">60</a></td> - </tr> - <tr> - <td class="i0">Baskett <i>v.</i> University of Cambridge</td> - <td>1758</td> - <td>2 Burr., 661</td> - <td><a href="#Page_59">59</a></td> - </tr> - <tr> - <td class="i0">Bastow, <i>ex parte</i></td> - <td>1854</td> - <td>14 C. B., 631</td> - <td><a href="#Page_54">54</a>, <a href="#Page_81">81</a>, <a href="#Page_82">82</a></td> - </tr> - <tr> - <td class="i0">Beal, <i>ex parte</i></td> - <td>1868</td> - <td>L. R., 3 Q. B., 387</td> - <td><a href="#Page_91">91</a>, <a href="#Page_173">173</a>, <a href="#Page_179">179</a>, <a href="#Page_181">181</a>, <a href="#Page_184">184</a></td> - </tr> - <tr> - <td class="i0">Beckford <i>v.</i> Hood</td> - <td>1798</td> - <td>7 T. R., 620</td> - <td><a href="#Page_36">36</a>, <a href="#Page_47">47</a>, <a href="#Page_86">86</a>, <a href="#Page_206">206</a></td> - </tr> - <tr> - <td class="i0">Beere <i>v.</i> Ellis</td> - <td>1889</td> - <td>5 T. L. R., 330</td> - <td><a href="#Page_138">138</a></td> - </tr> - <tr> - <td class="i0">Bell <i>v.</i> Walker</td> - <td>1785</td> - <td>1 Bro. Ch. Cas., 450</td> - <td><a href="#Page_115">115</a></td> - </tr> - <tr> - <td class="i0">Bell <i>v.</i> Whitehead</td> - <td>1839</td> - <td>8 L. J. Ch., 141</td> - <td><a href="#Page_112">112</a></td> - </tr> - <tr> - <td class="i0">Bensley <i>v.</i> Bignold</td> - <td>1822</td> - <td>5 B. and Ald., 335</td> - <td><a href="#Page_230">230</a><span class="pagenum" id="Page_xx">[xx]</span></td> - </tr> - <tr> - <td class="i0">Bentley <i>v.</i> Foster</td> - <td>1839</td> - <td>10 Sim., 329</td> - <td><big><a href="#Page_42">42</a></big></td> - </tr> - <tr> - <td class="i0">Black <i>v.</i> Murray & Son</td> - <td>1870</td> - <td>9 M., 341</td> - <td><a href="#Page_12">12</a>, <big><a href="#Page_26">26</a></big>, <a href="#Page_27">27</a>, <a href="#Page_111">111</a></td> - </tr> - <tr> - <td class="i0">Blackie <i>v.</i> Aikman</td> - <td>1827</td> - <td>5 Sh., 719</td> - <td><a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Blackwell <i>v.</i> Harper</td> - <td>1740</td> - <td>2 Atk., 93</td> - <td><a href="#Page_146">146</a>, <a href="#Page_151">151</a>, <a href="#Page_152">152</a></td> - </tr> - <tr> - <td class="i0">Blake <i>v.</i> Nicholson</td> - <td>1814</td> - <td>3 M. and S., 167</td> - <td><a href="#Page_230">230</a></td> - </tr> - <tr> - <td class="i0">Blanchett <i>v.</i> Ingram</td> - <td>1887</td> - <td>3 T. L. R., 687</td> - <td><a href="#Page_38">38</a></td> - </tr> - <tr> - <td class="i0">Bleaden <i>v.</i> Hancock</td> - <td>1829</td> - <td>4 C. and P., 152</td> - <td><a href="#Page_230">230</a></td> - </tr> - <tr> - <td class="i0">Bogue <i>v.</i> Houlston</td> - <td>1852</td> - <td>5 De G.and Sm., 267</td> - <td><a href="#Page_12">12</a>, <big><a href="#Page_34">34</a></big>, <a href="#Page_149">149</a></td> - </tr> - <tr> - <td class="i0">Bohn <i>v.</i> Bogue</td> - <td>1846</td> - <td>10 Jur., 420</td> - <td><a href="#Page_98">98</a>, <a href="#Page_101">101</a></td> - </tr> - <tr> - <td class="i0">Bolton <i>v.</i> Aldin</td> - <td>1895</td> - <td>65 L. J. Q. B., 120</td> - <td><a href="#Page_181">181</a></td> - </tr> - <tr> - <td class="i0">Bolton <i>v.</i> London Exhibitions</td> - <td>1898</td> - <td>14 T. L. R., 550</td> - <td><a href="#Page_179">179</a>, <a href="#Page_183">183</a></td> - </tr> - <tr> - <td class="i0">Boosey <i>v.</i> Davidson</td> - <td>1846</td> - <td>4 D. and L., 147</td> - <td><a href="#Page_92">92</a>, <a href="#Page_93">93</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1849</td> - <td>13 Q. B., 257</td> - <td><a href="#Page_42">42</a>, <a href="#Page_94">94</a></td> - </tr> - <tr> - <td class="i0">Boosey <i>v.</i> Fairlie</td> - <td>1877</td> - <td>7 Ch. D., 301</td> - <td><a href="#Page_26">26</a></td> - </tr> - <tr> - <td class="i0">Boosey <i>v.</i> Jefferys</td> - <td>1851</td> - <td>4 Exch., 145</td> - <td><a href="#Page_42">42</a></td> - </tr> - <tr> - <td class="i0">Boosey <i>v.</i> Purday</td> - <td>1846</td> - <td>10 Jur., 1038</td> - <td><a href="#Page_93">93</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1849</td> - <td>4 Exch., 145</td> - <td><a href="#Page_40">40</a>, <a href="#Page_42">42</a></td> - </tr> - <tr> - <td class="i0">Boosey <i>v.</i> Whight,</td> - <td>—</td> - <td>[1899], 1 Ch., 836</td> - <td><a href="#Page_11">11</a>, <a href="#Page_12">12</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>—</td> - <td>[1900], 1 Ch., 122</td> - <td><a href="#Page_11">11</a>, <big><a href="#Page_33">33</a></big>, <a href="#Page_97">97</a></td> - </tr> - <tr> - <td class="i0">Borthwick <i>v.</i> <i>Evening Post</i></td> - <td>1888</td> - <td>37 Ch. D., 449</td> - <td><a href="#Page_88">88</a>, <a href="#Page_207">207</a>, <a href="#Page_209">209</a>, <a href="#Page_212">212</a></td> - </tr> - <tr> - <td class="i0">Boucicault <i>v.</i> Chatterton</td> - <td>1876</td> - <td>5 Ch. D., 267</td> - <td><a href="#Page_36">36</a>, <a href="#Page_41">41</a>, <a href="#Page_127">127</a>, <a href="#Page_128">128</a>, <a href="#Page_129">129</a></td> - </tr> - <tr> - <td class="i0">Boucicault <i>v.</i> Delafield</td> - <td>1863</td> - <td>1 H. and M., 597</td> - <td><a href="#Page_41">41</a>, <a href="#Page_129">129</a>, <a href="#Page_193">193</a></td> - </tr> - <tr> - <td class="i0">Boydell <i>v.</i> Drummond</td> - <td>1809</td> - <td>11 East., 142</td> - <td><a href="#Page_230">230</a></td> - </tr> - <tr> - <td class="i0">Bradbury <i>v.</i> Beeton</td> - <td>1869</td> - <td>39 L. J. Ch., 57</td> - <td><a href="#Page_207">207</a>, <a href="#Page_209">209</a>, <a href="#Page_211">211</a></td> - </tr> - <tr> - <td class="i0">Bradbury <i>v.</i> Dickens</td> - <td>1859</td> - <td>27 Beav., 53</td> - <td><a href="#Page_207">207</a></td> - </tr> - <tr> - <td class="i0">Bradbury <i>v.</i> Hotten</td> - <td>1872</td> - <td>L. R., 8 Ex., 1</td> - <td><a href="#Page_99">99</a>, <a href="#Page_109">109</a>, <big><a href="#Page_110">110</a></big></td> - </tr> - <tr> - <td class="i0">Bradbury <i>v.</i> Sharp</td> - <td>1891</td> - <td>[1891], W. N., 143</td> - <td><a href="#Page_89">89</a></td> - </tr> - <tr> - <td class="i0">Bramwell <i>v.</i>, Halcomb</td> - <td>1836</td> - <td>3 My. and Cr., 737</td> - <td><a href="#Page_99">99</a></td> - </tr> - <tr> - <td class="i0">Bridgman <i>v.</i> Green</td> - <td>1755</td> - <td>2 Ves. Sen., 627</td> - <td><a href="#Page_219">219</a></td> - </tr> - <tr> - <td class="i0">Britain <i>v.</i> Hanks</td> - <td>1902</td> - <td>Wright, J., April 15</td> - <td><a href="#Page_162">162</a>, <a href="#Page_163">163</a></td> - </tr> - <tr> - <td class="i0">British Museum <i>v.</i> Payne</td> - <td>1828</td> - <td>2 Y. and J., 166</td> - <td><a href="#Page_56">56</a></td> - </tr> - <tr> - <td class="i0">Brooke <i>v.</i> Chitty</td> - <td>1831</td> - <td>2 Coop. Cas., 216</td> - <td><a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Brooke <i>v.</i> Milliken</td> - <td>1789</td> - <td>3 T. R., 509</td> - <td><a href="#Page_91">91</a></td> - </tr> - <tr> - <td class="i0">Brooks <i>v.</i> Cock</td> - <td>1835</td> - <td>3 Ad. and E., 138</td> - <td><a href="#Page_151">151</a></td> - </tr> - <tr> - <td class="i0">Brooks <i>v.</i> Religious Tract Society</td> - <td>1897</td> - <td>45 W. R., 476</td> - <td><a href="#Page_183">183</a>, <a href="#Page_184">184</a></td> - </tr> - <tr> - <td class="i0">Brown <i>v.</i> Cooke</td> - <td>1846</td> - <td>16 L. J. Ch., 140</td> - <td><a href="#Page_68">68</a>, <a href="#Page_71">71</a></td> - </tr> - <tr> - <td class="i0">Burnett <i>v.</i> Chetwood</td> - <td>1720</td> - <td>2 Mer., 441</td> - <td><a href="#Page_46">46</a>, <a href="#Page_117">117</a></td> - </tr> - <tr> - <td class="i0">Butterworth <i>v.</i> Kelly</td> - <td>1888</td> - <td>4 T. L. R., 430</td> - <td><a href="#Page_84">84</a></td> - </tr> - <tr> - <td class="i0">Butterworth <i>v.</i> Robinson</td> - <td>1801</td> - <td>5 Ves., 709</td> - <td><big><a href="#Page_28">28</a></big>, <a href="#Page_115">115</a></td> - </tr> - <tr> - <td class="i0">Buxton <i>v.</i> James</td> - <td>1851</td> - <td>5 De G. and Sm., 80</td> - <td><a href="#Page_40">40</a>, <a href="#Page_41">41</a>, <a href="#Page_42">42</a>, <a href="#Page_87">87</a></td> - </tr> - <tr> - <td class="i0">Byron <i>v.</i> Johnston</td> - <td>1816</td> - <td>2 Meriv., 29</td> - <td><a href="#Page_215">215</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Cable</span> <i>v.</i> Marks</td> - <td>1882</td> - <td>47 L. T. (N. S.), 432</td> - <td><big><a href="#Page_31">31</a></big></td> - </tr> - <tr> - <td class="i0">Cadell <i>v.</i> Anderson</td> - <td>1787</td> - <td>Mor. Dic., 8310</td> - <td><big><a href="#Page_26">26</a></big></td> - </tr> - <tr> - <td class="i0">Caird <i>v.</i> Sime</td> - <td>1887</td> - <td>12 A. C., 326</td> - <td><a href="#Page_37">37</a>, <a href="#Page_38">38</a>, <a href="#Page_220">220</a>, <a href="#Page_221">221</a>, <big><a href="#Page_222">222</a></big></td> - </tr> - <tr> - <td class="i0">Cambridge University <i>v.</i> Bryer</td> - <td>1812</td> - <td>16 East, 317</td> - <td><a href="#Page_56">56</a>, <a href="#Page_86">86</a></td> - </tr> - <tr> - <td class="i0">Campbell <i>v.</i> Scott</td> - <td>1842</td> - <td>11 Sim., 31</td> - <td><a href="#Page_88">88</a>, <a href="#Page_101">101</a>, <a href="#Page_112">112</a></td> - </tr> - <tr> - <td class="i0">Caproni <i>v.</i> Alberti</td> - <td>1892</td> - <td>40 W. R., 235</td> - <td><a href="#Page_162">162</a></td> - </tr> - <tr> - <td class="i0">Carnan <i>v.</i> Bowles</td> - <td>1786</td> - <td>1 Cox Cha. Cas., 283</td> - <td><a href="#Page_16">16</a>, <a href="#Page_27">27</a>, <a href="#Page_113">113</a>, <a href="#Page_164">164</a><span class="pagenum" id="Page_xxi">[xxi]</span></td> - </tr> - <tr> - <td class="i0">Carr <i>v.</i> Hood</td> - <td>1808</td> - <td>1 Camp., 354 <i>n</i></td> - <td><a href="#Page_213">213</a></td> - </tr> - <tr> - <td class="i0">Cary <i>v.</i> Faden</td> - <td>1799</td> - <td>5 Ves. 24</td> - <td><a href="#Page_16">16</a>, <a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Cary <i>v.</i> Kearsley</td> - <td>1802</td> - <td>4 Esp., 168</td> - <td><a href="#Page_16">16</a>, <a href="#Page_75">75</a>, <a href="#Page_98">98</a>, <a href="#Page_100">100</a>, <a href="#Page_101">101</a>, <a href="#Page_113">113</a></td> - </tr> - <tr> - <td class="i0">Cary <i>v.</i> Longman</td> - <td>1801</td> - <td>1 East, 358</td> - <td><a href="#Page_12">12</a>, <a href="#Page_16">16</a>, <big><a href="#Page_26">26</a></big></td> - </tr> - <tr> - <td class="i0">Cassell <i>v.</i> Stiff</td> - <td>1856</td> - <td>2 K. and J., 279</td> - <td><a href="#Page_53">53</a>, <a href="#Page_202">202</a></td> - </tr> - <tr> - <td class="i0">Cate <i>v.</i> Devon</td> - <td>1889</td> - <td>40 Ch. D., 500</td> - <td><a href="#Page_11">11</a>, <big><a href="#Page_21">21</a></big>, <a href="#Page_48">48</a>, <a href="#Page_50">50</a>, <a href="#Page_88">88</a>, <a href="#Page_99">99</a>, <a href="#Page_100">100</a>, <a href="#Page_102">102</a></td> - </tr> - <tr> - <td class="i0">Chappell <i>v.</i> Boosey</td> - <td>1882</td> - <td>21 Ch. D., 232</td> - <td><a href="#Page_121">121</a>, <a href="#Page_127">127</a></td> - </tr> - <tr> - <td class="i0">Chappell <i>v.</i> Davidson</td> - <td>1855</td> - <td>2 K. and J., 123</td> - <td><big><a href="#Page_210">210</a></big></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1856</td> - <td>18 C. B., 194</td> - <td><a href="#Page_46">46</a>, <a href="#Page_49">49</a>, <a href="#Page_87">87</a>, <a href="#Page_93">93</a></td> - </tr> - <tr> - <td class="i0">Chappell <i>v.</i> Purday</td> - <td>1843</td> - <td>12 M. and W., 303</td> - <td><a href="#Page_54">54</a>, <a href="#Page_55">55</a>, <a href="#Page_79">79</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1845</td> - <td>14 M. and W., 303</td> - <td><a href="#Page_40">40</a>, <a href="#Page_42">42</a></td> - </tr> - <tr> - <td class="i0">Chappell <i>v.</i> Sheard</td> - <td>1855</td> - <td>2 K. and J., 117</td> - <td><a href="#Page_50">50</a>, <big><a href="#Page_210">210</a></big></td> - </tr> - <tr> - <td class="i0">Chatterton <i>v.</i> Cave</td> - <td>1875</td> - <td>L. R., 10 C. P., 572</td> - <td><a href="#Page_25">25</a>, <a href="#Page_26">26</a>, <a href="#Page_98">98</a>, <a href="#Page_123">123</a>, <a href="#Page_139">139</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1878</td> - <td>3 A. C., 483</td> - <td><a href="#Page_25">25</a>, <a href="#Page_26">26</a>, <a href="#Page_97">97</a>, <big><a href="#Page_98">98</a></big>, <a href="#Page_102">102</a>, <a href="#Page_138">138</a></td> - </tr> - <tr> - <td class="i0">Chilton <i>v.</i> Progress Printing Co.</td> - <td>—</td> - <td>[1895], 2 Ch., 29</td> - <td><a href="#Page_14">14</a>, <big><a href="#Page_33">33</a></big></td> - </tr> - <tr> - <td class="i0">Church <i>v.</i> Linton</td> - <td>1894</td> - <td>25 Ont. Rep., 131</td> - <td><a href="#Page_19">19</a>, <a href="#Page_24">24</a>, <a href="#Page_33">33</a></td> - </tr> - <tr> - <td class="i0">Clark <i>v.</i> Bell</td> - <td>1804</td> - <td>Mor. Dic. Literary Property, App. 9</td> - <td><a href="#Page_92">92</a></td> - </tr> - <tr> - <td class="i0">Clark <i>v.</i> Bishop</td> - <td>1872</td> - <td>25 L. T. (N. S.), 908</td> - <td><big><a href="#Page_47">47</a></big>, <a href="#Page_120">120</a>, <big><a href="#Page_124">124</a></big>, <a href="#Page_133">133</a>, <a href="#Page_134">134</a></td> - </tr> - <tr> - <td class="i0">Clarke <i>v.</i> Freeman</td> - <td>1848</td> - <td>11 Beav., 112</td> - <td><a href="#Page_214">214</a></td> - </tr> - <tr> - <td class="i0">Clarke <i>v.</i> Price</td> - <td>1819</td> - <td>2 Wills, C. C., 157</td> - <td><a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Clay <i>v.</i> Yates</td> - <td>1856</td> - <td>1 H. and N., 73</td> - <td><a href="#Page_231">231</a></td> - </tr> - <tr> - <td class="i0">Clement <i>v.</i> Maddick</td> - <td>1859</td> - <td>1 Giff., 98</td> - <td><a href="#Page_101">101</a>, <a href="#Page_207">207</a>, <a href="#Page_209">209</a>, <big><a href="#Page_210">210</a></big></td> - </tr> - <tr> - <td class="i0">Clementi <i>v.</i> Golding</td> - <td>1809</td> - <td>2 Camp., 25</td> - <td><a href="#Page_11">11</a>, <a href="#Page_36">36</a></td> - </tr> - <tr> - <td class="i0">Clementi <i>v.</i> Walker</td> - <td>1824</td> - <td>2 B. and C., 861</td> - <td><a href="#Page_40">40</a>, <a href="#Page_41">41</a>, <big><a href="#Page_75">75</a></big>, <a href="#Page_77">77</a></td> - </tr> - <tr> - <td class="i0">Clowes <i>v.</i> Hogg</td> - <td>1870</td> - <td>W. N., 268</td> - <td><big><a href="#Page_210">210</a></big></td> - </tr> - <tr> - <td class="i0">Cobbett <i>v.</i> Woodward</td> - <td>1872</td> - <td>L. R., 14 Eq., 407</td> - <td><big><a href="#Page_18">18</a></big>, <a href="#Page_19">19</a>, <a href="#Page_95">95</a>, <a href="#Page_238">238</a></td> - </tr> - <tr> - <td class="i0">Cocks <i>v.</i> Purday</td> - <td>1848</td> - <td>5 C. B., 860</td> - <td><a href="#Page_40">40</a>, <a href="#Page_42">42</a>, <a href="#Page_76">76</a>, <a href="#Page_77">77</a>, <a href="#Page_79">79</a>, <a href="#Page_93">93</a></td> - </tr> - <tr> - <td class="i0">Colburn <i>v.</i> Duncombe</td> - <td>1838</td> - <td>9 Sim., 151</td> - <td><a href="#Page_76">76</a>, <a href="#Page_78">78</a></td> - </tr> - <tr> - <td class="i0">Colburn <i>v.</i> Simms</td> - <td>1843</td> - <td>2 Hare, 543</td> - <td><a href="#Page_85">85</a>, <a href="#Page_86">86</a>, <a href="#Page_90">90</a></td> - </tr> - <tr> - <td class="i0">Cole <i>v.</i> Gear</td> - <td>1888</td> - <td>4 T. L. R., 246</td> - <td><a href="#Page_141">141</a></td> - </tr> - <tr> - <td class="i0">Coleman <i>v.</i> Wathen</td> - <td>1793</td> - <td>5 T. R., 245</td> - <td><a href="#Page_37">37</a>, <a href="#Page_122">122</a></td> - </tr> - <tr> - <td class="i0">Collette <i>v.</i> Goode</td> - <td>1878</td> - <td>7 Ch. D., 842</td> - <td><a href="#Page_93">93</a></td> - </tr> - <tr> - <td class="i0">Collingridge <i>v.</i> Emmott</td> - <td>1887</td> - <td>57 L. T. (N.S.), 864</td> - <td><big><a href="#Page_50">50</a></big>, <a href="#Page_51">51</a>, <a href="#Page_71">71</a></td> - </tr> - <tr> - <td class="i0">Collis <i>v.</i> Cater</td> - <td>1898</td> - <td>78 L. T. (N. S.), 613</td> - <td><big><a href="#Page_19">19</a></big></td> - </tr> - <tr> - <td class="i0">Comyns <i>v.</i> Hyde</td> - <td>1895</td> - <td>43 W. R., 266</td> - <td><big><a href="#Page_35">35</a></big>, <a href="#Page_149">149</a></td> - </tr> - <tr> - <td class="i0">Constable <i>v.</i> Brewster</td> - <td>1824</td> - <td>3 S., 215</td> - <td><big><a href="#Page_209">209</a></big>, <a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Cooper, <i>in re</i></td> - <td>1902</td> - <td>19 Pat. Des. and Trade Mark Cases, 53</td> - <td><a href="#Page_31">31</a></td> - </tr> - <tr> - <td class="i0">Cooper <i>v.</i> Stephens</td> - <td>—</td> - <td>[1895], 1 Ch., 567</td> - <td><big><a href="#Page_34">34</a></big>, <a href="#Page_78">78</a>, <a href="#Page_81">81</a>, <a href="#Page_98">98</a>, <a href="#Page_99">99</a>, <a href="#Page_110">118</a>, <a href="#Page_154">154</a>, <a href="#Page_160">160</a></td> - </tr> - <tr> - <td class="i0">Cooper <i>v.</i> Whittingham</td> - <td>1880</td> - <td>15 Ch. D., 501</td> - <td><a href="#Page_84">84</a>, <a href="#Page_85">85</a>, <a href="#Page_87">87</a>, <a href="#Page_102">102</a></td> - </tr> - <tr> - <td class="i0">Coote <i>v.</i> Ingram</td> - <td>1887</td> - <td>35 Ch. D., 117</td> - <td><a href="#Page_95">95</a></td> - </tr> - <tr> - <td class="i0">Coote <i>v.</i> Judd</td> - <td>1883</td> - <td>23 Ch. D., 727</td> - <td><a href="#Page_70">70</a>, <a href="#Page_93">93</a></td> - </tr> - <tr> - <td class="i0">Cornish <i>v.</i> Upton</td> - <td>1861</td> - <td>4 L. T. (N. S.), 862</td> - <td><a href="#Page_17">17</a><span class="pagenum" id="Page_xxii">[xxii]</span></td> - </tr> - <tr> - <td class="i0">Corns <i>v.</i> Griffiths</td> - <td>1873</td> - <td>[1873], W. N., 93</td> - <td><big><a href="#Page_210">210</a></big></td> - </tr> - <tr> - <td class="i0"><i>Correspondent Newspaper v.</i> Saunders</td> - <td>1865</td> - <td>11 Jur. (N. S.), 540</td> - <td><a href="#Page_48">48</a>, <a href="#Page_208">208</a></td> - </tr> - <tr> - <td class="i0">Cowan <i>v.</i> Milbourn</td> - <td>1867</td> - <td>L. R., 2 Ex.</td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Cowen <i>v.</i> Hulton</td> - <td>1882</td> - <td>46 L. T. (N. S.), 897</td> - <td><big><a href="#Page_212">212</a></big></td> - </tr> - <tr> - <td class="i0">Cox <i>v.</i> Cox</td> - <td>1853</td> - <td>1 Eq. Rep., 94</td> - <td><a href="#Page_77">77</a>, <big><a href="#Page_214">214</a></big></td> - </tr> - <tr> - <td class="i0">Cox <i>v.</i> <i>Land and Water</i></td> - <td>1869</td> - <td>L. R., 9 Eq., 324</td> - <td><a href="#Page_11">11</a>, <big><a href="#Page_21">21</a></big>, <a href="#Page_48">48</a>, <a href="#Page_89">89</a>, <a href="#Page_206">206</a></td> - </tr> - <tr> - <td class="i0">Cumberland <i>v.</i> Copeland</td> - <td>1861</td> - <td>7 H. and N., 118</td> - <td><a href="#Page_134">134</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1862</td> - <td>1 H. and C., 194</td> - <td><a href="#Page_77">77</a></td> - </tr> - <tr> - <td class="i0">Cumberland <i>v.</i> Planché</td> - <td>1834</td> - <td>1 A. and E., 580</td> - <td><a href="#Page_135">135</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">D'Almaine</span> <i>v.</i> Boosey</td> - <td>1835</td> - <td>1 Y. and C. Ex., 288</td> - <td><a href="#Page_36">36</a>, <a href="#Page_37">37</a>, <big><a href="#Page_42">42</a></big>, <a href="#Page_97">97</a>, <big><a href="#Page_113">113</a></big>, <a href="#Page_115">115</a>, <a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i0">Davidson, <i>ex parte</i></td> - <td>1853</td> - <td>18 C. B., 296</td> - <td><a href="#Page_54">54</a>, <a href="#Page_55">55</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1856</td> - <td>2 E. and B., 577</td> - <td><a href="#Page_54">54</a></td> - </tr> - <tr> - <td class="i0">Davidson <i>v.</i> Bohn</td> - <td>1848</td> - <td>6 C. B., 456</td> - <td><a href="#Page_77">77</a>, <a href="#Page_80">80</a>, <a href="#Page_164">164</a></td> - </tr> - <tr> - <td class="i0">Davis <i>v.</i> Comitti</td> - <td>1885</td> - <td>52 L. T. (N. S.), 539</td> - <td><a href="#Page_14">14</a>, <big><a href="#Page_32">32</a></big></td> - </tr> - <tr> - <td class="i0">Day <i>v.</i> Simpson</td> - <td>1865</td> - <td>18 C. B. (N. S.), 680</td> - <td><a href="#Page_126">126</a></td> - </tr> - <tr> - <td class="i0">De Berenger <i>v.</i> Wheble</td> - <td>1819</td> - <td>2 Stark, 548</td> - <td><a href="#Page_157">157</a></td> - </tr> - <tr> - <td class="i0">Delfe <i>v.</i> Delamotte</td> - <td>1857</td> - <td>3 K. and J., 581</td> - <td><a href="#Page_86">86</a>, <a href="#Page_90">90</a></td> - </tr> - <tr> - <td class="i0">Delondre <i>v.</i> Shaw</td> - <td>1828</td> - <td>2 Sim., 237</td> - <td><a href="#Page_42">42</a>, <a href="#Page_86">86</a></td> - </tr> - <tr> - <td class="i0">Dennison <i>v.</i> Ashdown</td> - <td>1897</td> - <td>13 T. L. R., 226</td> - <td><a href="#Page_79">79</a></td> - </tr> - <tr> - <td class="i0">Dickens <i>v.</i> Lee</td> - <td>1844</td> - <td>8 Jur., 183</td> - <td><a href="#Page_116">116</a></td> - </tr> - <tr> - <td class="i0">Dicks <i>v.</i> Brooks</td> - <td>1880</td> - <td>15 Ch. D., 22</td> - <td><a href="#Page_95">95</a>, <a href="#Page_157">157</a>, <a href="#Page_159">159</a>, <a href="#Page_213">213</a></td> - </tr> - <tr> - <td class="i0">Dicks <i>v.</i> Yates</td> - <td>1881</td> - <td>18 Ch. D., 76</td> - <td><a href="#Page_48">48</a>, <a href="#Page_52">52</a>, <a href="#Page_96">96</a>, <big><a href="#Page_207">207</a></big>, <big><a href="#Page_212">212</a></big></td> - </tr> - <tr> - <td class="i0">Dobson, <i>ex parte</i></td> - <td>1892</td> - <td>12 N. Z. L. R., 171</td> - <td><a href="#Page_41">41</a>, <a href="#Page_80">80</a></td> - </tr> - <tr> - <td class="i0">Dodsley <i>v.</i> Kinnersley</td> - <td>1761</td> - <td>Amb., 403</td> - <td><big><a href="#Page_115">115</a></big>, <a href="#Page_116">116</a></td> - </tr> - <tr> - <td class="i0">Dodson <i>v.</i> Martin</td> - <td>1880</td> - <td>24 Sol. J., 572</td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Donaldson <i>v.</i> Beckett</td> - <td>1774</td> - <td>2 Bro. P. C., 129</td> - <td><a href="#Page_6">6</a>, <a href="#Page_8">8</a>, <a href="#Page_61">61</a>, <a href="#Page_122">122</a>, <a href="#Page_152">152</a>, <a href="#Page_206">206</a>, <a href="#Page_220">220</a></td> - </tr> - <tr> - <td class="i0">Du Bost <i>v.</i> Beresford</td> - <td>1810</td> - <td>2 Camp., 511</td> - <td><a href="#Page_174">174</a></td> - </tr> - <tr> - <td class="i0">Duck <i>v.</i> Bates</td> - <td>1884</td> - <td>13 Q. B. D., 843</td> - <td><big><a href="#Page_136">136</a></big></td> - </tr> - <tr> - <td class="i0">Duck <i>v.</i> Mayen</td> - <td>1892</td> - <td>8 T. L. R., 339</td> - <td><a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i0">Dupuy <i>v.</i> Dilkes</td> - <td>1879</td> - <td>48 L. J. Ch., 682</td> - <td><a href="#Page_79">79</a>, <a href="#Page_172">172</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Eaton</span> <i>v.</i> Lake</td> - <td>1888</td> - <td>20 Q. B. D., 378</td> - <td><a href="#Page_77">77</a>, <a href="#Page_118">118</a>, <a href="#Page_134">134</a>, <a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i0">Ellis <i>v.</i> Marshall</td> - <td>1895</td> - <td>11 T. L. R., 522</td> - <td><a href="#Page_175">175</a>, <a href="#Page_176">176</a>, <a href="#Page_180">180</a></td> - </tr> - <tr> - <td class="i0">Ellis <i>v.</i> Ogden</td> - <td>1894</td> - <td>11 T. L. R., 56</td> - <td><a href="#Page_175">175</a>, <a href="#Page_176">176</a></td> - </tr> - <tr> - <td class="i0">Exchange Telegraph <i>v.</i> Central News</td> - <td>—</td> - <td>[1897], 2 Ch., 48</td> - <td><a href="#Page_37">37</a>, <big><a href="#Page_219">219</a></big></td> - </tr> - <tr> - <td class="i0">Exchange Telegraph <i>v.</i> Gregory</td> - <td>—</td> - <td>[1896], 1 Q. B., 147</td> - <td><a href="#Page_37">37</a>, <a href="#Page_219">219</a></td> - </tr> - <tr> - <td class="i0">Eyre <i>v.</i> Carnan</td> - <td>1781</td> - <td>6 Bac. Abr., 509</td> - <td><a href="#Page_59">59</a></td> - </tr> - <tr> - <td class="i0">Eyre <i>v.</i> Walker</td> - <td>1735</td> - <td>4 Burr., 2325</td> - <td><a href="#Page_6">6</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Fairlie</span> <i>v.</i> Boosey</td> - <td>1879</td> - <td>4 A. C., 711</td> - <td><a href="#Page_53">53</a>, <a href="#Page_134">134</a></td> - </tr> - <tr> - <td class="i0">Farina <i>v.</i> Silverlock</td> - <td>1858</td> - <td>4 K. and J., 650</td> - <td><a href="#Page_168">168</a></td> - </tr> - <tr> - <td class="i0">Fishburn <i>v.</i> Hollingshead</td> - <td>—</td> - <td>[1891], 2 Ch., 371</td> - <td><big><a href="#Page_199">199</a></big>, <a href="#Page_200">200</a></td> - </tr> - <tr> - <td class="i0">Fisher <i>v.</i> Folds</td> - <td>1834</td> - <td>1 Jon. Ir. Ex., 12</td> - <td><a href="#Page_35">35</a></td> - </tr> - <tr> - <td class="i0">Fitzbull <i>v.</i> Brooke</td> - <td>1844</td> - <td>2 D. and L., 477</td> - <td><a href="#Page_144">144</a></td> - </tr> - <tr> - <td class="i0">Fores <i>v.</i> Johnes</td> - <td>1802</td> - <td>4 Esp., 97</td> - <td><a href="#Page_152">152</a>, <a href="#Page_174">174</a></td> - </tr> - <tr> - <td class="i0">Forrester <i>v.</i> Walker</td> - <td>1741</td> - <td>4 Burr., 2331</td> - <td><a href="#Page_220">220</a><span class="pagenum" id="Page_xxiii">[xxiii]</span></td> - </tr> - <tr> - <td class="i0">Fourmat <i>v.</i> Pearson</td> - <td>1897</td> - <td>14 T. L. R., 82</td> - <td><a href="#Page_14">14</a></td> - </tr> - <tr> - <td class="i0">French <i>v.</i> Day</td> - <td>1893</td> - <td>9 T. L. R., 548</td> - <td><a href="#Page_141">141</a></td> - </tr> - <tr> - <td class="i0">Frowde <i>v.</i> Parish</td> - <td>1896</td> - <td>27 Ont. Rep., 526</td> - <td><a href="#Page_77">77</a>, <a href="#Page_191">191</a></td> - </tr> - <tr> - <td class="i0">Fuller <i>v.</i> Blackpool Winter Gardens</td> - <td>—</td> - <td>[1895], 2 Q. B., 429</td> - <td><big><a href="#Page_124">124</a></big>, <a href="#Page_126">126</a>, <a href="#Page_131">131</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Gale</span> <i>v.</i> Leckie</td> - <td>1817</td> - <td>2 Stark, 107</td> - <td><a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Gambart <i>v.</i> Sumner</td> - <td>1859</td> - <td>5 H. and N., 5</td> - <td><a href="#Page_156">156</a></td> - </tr> - <tr> - <td class="i0">Gambart <i>v.</i> Ball</td> - <td>1863</td> - <td>14 C. B. (N. S.), 306</td> - <td><a href="#Page_157">157</a>, <a href="#Page_182">182</a></td> - </tr> - <tr> - <td class="i0">Garland <i>v.</i> Gemmill</td> - <td>1887</td> - <td>Canada, 14 S. C. R., 321</td> - <td><a href="#Page_16">16</a>, <a href="#Page_106">106</a>, <a href="#Page_108">108</a>, <a href="#Page_256">256</a></td> - </tr> - <tr> - <td class="i0">Gee <i>v.</i> Pritchard</td> - <td>1818</td> - <td>2 Swanst., 402</td> - <td><a href="#Page_225">225</a>, <a href="#Page_226">226</a></td> - </tr> - <tr> - <td class="i0">Geissendorfer <i>v.</i> Mendelssohn</td> - <td>1896</td> - <td>13 T. L. R., 91</td> - <td><a href="#Page_170">170</a></td> - </tr> - <tr> - <td class="i0">Gibson <i>v.</i> Carruthers</td> - <td>1841</td> - <td>8 M. and W., 321</td> - <td><a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Gilbert <i>v.</i> Boosey</td> - <td>1889</td> - <td><i>The Law Times</i>, Sept. 28, 1889</td> - <td><big><a href="#Page_214">214</a></big></td> - </tr> - <tr> - <td class="i0">Gilbert <i>v. Star</i> Newspaper</td> - <td>1894</td> - <td>11 T. L. R., 4</td> - <td><big><a href="#Page_218">218</a></big></td> - </tr> - <tr> - <td class="i0">Gillett <i>v.</i> Mawman</td> - <td>1808</td> - <td>1 Taunt., 140</td> - <td><a href="#Page_230">230</a>, <a href="#Page_231">231</a></td> - </tr> - <tr> - <td class="i0">Goubard <i>v.</i> Wallace</td> - <td>1877</td> - <td>36 L. T. (N. S.), 704</td> - <td><a href="#Page_47">47</a></td> - </tr> - <tr> - <td class="i0">Grace <i>v.</i> Newman</td> - <td>1875</td> - <td>L. R., 19 Eq., 623</td> - <td><big><a href="#Page_19">19</a></big>, <a href="#Page_77">77</a></td> - </tr> - <tr> - <td class="i0">Granard <i>v.</i> Dunkin</td> - <td>1809</td> - <td>1 Ball and B., 207</td> - <td><a href="#Page_225">225</a></td> - </tr> - <tr> - <td class="i0">Graves, <i>ex parte</i></td> - <td>1868</td> - <td>L. R., 3 Ch., 642</td> - <td><a href="#Page_178">178</a></td> - </tr> - <tr> - <td class="i0">Graves, <i>ex parte</i> Walker</td> - <td>1869</td> - <td>L. R., 4 Q. B., 715</td> - <td><a href="#Page_54">54</a>, <a href="#Page_55">55</a>, <a href="#Page_168">168</a>, <a href="#Page_172">172</a>, <a href="#Page_173">173</a>, <a href="#Page_176">176</a>, <a href="#Page_182">182</a></td> - </tr> - <tr> - <td class="i0">Graves <i>v.</i> Ashford</td> - <td>1867</td> - <td>L. R., 2 C. P., 410</td> - <td><a href="#Page_152">152</a>, <a href="#Page_157">157</a>, <a href="#Page_182">182</a></td> - </tr> - <tr> - <td class="i0">Graves <i>v.</i> Gorrie</td> - <td>1900</td> - <td>32 Ont. Rep., 266</td> - <td><a href="#Page_192">192</a></td> - </tr> - <tr> - <td class="i0">Graves <i>v.</i> Mercer</td> - <td>1868</td> - <td>16 W. R., 790</td> - <td><a href="#Page_156">156</a></td> - </tr> - <tr> - <td class="i0">Green <i>v. Irish Independent</i></td> - <td>1899</td> - <td>[1899], 1 I. R., 386</td> - <td><a href="#Page_180">180</a></td> - </tr> - <tr> - <td class="i0">Grierson <i>v.</i> Jackson</td> - <td>1794</td> - <td>Irish T. R., 304</td> - <td><a href="#Page_59">59</a></td> - </tr> - <tr> - <td class="i0">Griffin <i>v.</i> Kingston</td> - <td>1889</td> - <td>17 Ont. Rep., 660</td> - <td><big><a href="#Page_33">33</a></big></td> - </tr> - <tr> - <td class="i0">Griffith <i>v.</i> Tower Publishing Company</td> - <td>—</td> - <td>[1897], 1 Ch., 21</td> - <td><a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Grimson <i>v.</i> Eyre</td> - <td>1804</td> - <td>9 Ves., 341</td> - <td><a href="#Page_86">86</a></td> - </tr> - <tr> - <td class="i0">Guggenheim <i>v.</i> Leng</td> - <td>1896</td> - <td>12 T. L. R., 491</td> - <td><a href="#Page_36">35</a>, <a href="#Page_183">183</a>, <a href="#Page_185">185</a></td> - </tr> - <tr> - <td class="i0">Guichard <i>v.</i> Mori</td> - <td>1831</td> - <td>9 L. J. (O. S.), Ch.</td> - <td><a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Gyles <i>v.</i> Wilcox</td> - <td>1740</td> - <td>2 Atk., 142</td> - <td><a href="#Page_25">25</a>, <big><a href="#Page_115">115</a></big></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Hall</span>, <i>in re</i></td> - <td>1899</td> - <td>24 Vict., L. R., 702</td> - <td><a href="#Page_54">54</a></td> - </tr> - <tr> - <td class="i0">Hall <i>v.</i> Whittington</td> - <td>1892</td> - <td>18 Vict., L. R., 525</td> - <td><a href="#Page_21">21</a></td> - </tr> - <tr> - <td class="i0">Hanbury <i>v.</i> Dumsday</td> - <td>1884</td> - <td>10 Vict., L. R. Eq., 272</td> - <td><a href="#Page_32">32</a></td> - </tr> - <tr> - <td class="i0">Hanfstaengl <i>v.</i> American Tobacco</td> - <td>—</td> - <td>[1895], 1 Q. B., 347</td> - <td><a href="#Page_198">198</a>, <big><a href="#Page_199">199</a></big></td> - </tr> - <tr> - <td class="i0">Hanfstaengl <i>v.</i> Baines</td> - <td>—</td> - <td>[1895], A. C., 20</td> - <td><a href="#Page_182">182</a>, <a href="#Page_184">184</a></td> - </tr> - <tr> - <td class="i0">Hanfstaengl <i>v.</i> Empire Palace</td> - <td>—</td> - <td>[1894], 2 Ch., 1</td> - <td><a href="#Page_167">167</a>, <a href="#Page_182">182</a></td> - </tr> - <tr> - <td class="i0">Hanfstaengl <i>v.</i> Empire Palace</td> - <td>—</td> - <td>[1894], 3 Ch., 109</td> - <td><a href="#Page_182">182</a>, <a href="#Page_184">184</a>, <a href="#Page_196">196</a></td> - </tr> - <tr> - <td class="i0">Hanfstaengl <i>v.</i> Holloway</td> - <td>—</td> - <td>[1893], 2 Q. B., 1</td> - <td><a href="#Page_198">198</a>, <big><a href="#Page_199">199</a></big>, <a href="#Page_203">203</a></td> - </tr> - <tr> - <td class="i0">Harris <i>v.</i> Smart</td> - <td>1889</td> - <td>5 T. L. R., 594</td> - <td><big><a href="#Page_49">49</a></big>, <a href="#Page_94">94</a></td> - </tr> - <tr> - <td class="i0">Harrison <i>v.</i> Hogg</td> - <td>1794</td> - <td>2 Ves., 322</td> - <td><a href="#Page_151">151</a></td> - </tr> - <tr> - <td class="i0">Hasker <i>v.</i> Wood</td> - <td>1885</td> - <td>54 L. J. Q. B., 419</td> - <td><a href="#Page_144">144</a>, <a href="#Page_156">156</a><span class="pagenum" id="Page_xxiv">[xxiv]</span></td> - </tr> - <tr> - <td class="i0">Hatton <i>v.</i> Kean</td> - <td>1859</td> - <td>7 C. B. (N. S.), 268</td> - <td><a href="#Page_26">26</a>, <big><a href="#Page_63">63</a></big>, <a href="#Page_123">123</a></td> - </tr> - <tr> - <td class="i0">Hayward <i>v.</i> Lely</td> - <td>1887</td> - <td>56 L. T. (N. S.), 418</td> - <td><a href="#Page_26">26</a>, <a href="#Page_46">46</a>, <a href="#Page_51">51</a>, <a href="#Page_93">93</a></td> - </tr> - <tr> - <td class="i0">Hazlitt <i>v.</i> Templeman</td> - <td>1866</td> - <td>13 L. T. (N. S.), 593</td> - <td><a href="#Page_77">77</a></td> - </tr> - <tr> - <td class="i0">Hedderwick <i>v.</i> Griffin</td> - <td>1841</td> - <td>3 D., 383</td> - <td><a href="#Page_27">27</a></td> - </tr> - <tr> - <td class="i0">Henderson <i>v.</i> Maxwell</td> - <td>1876</td> - <td>4 Ch. D., 163</td> - <td><a href="#Page_51">51</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1877</td> - <td>5 Ch. D., 892</td> - <td><a href="#Page_48">48</a></td> - </tr> - <tr> - <td class="i0">Hereford, Bishop of, <i>v.</i> Griffin</td> - <td>1848</td> - <td>16 Sim., 190</td> - <td><a href="#Page_70">70</a>, <a href="#Page_73">73</a></td> - </tr> - <tr> - <td class="i0">Hildesheimer & Faulkner <i>v.</i> Dunn</td> - <td>1891</td> - <td>64 L. T. (N. S.), 452</td> - <td><big><a href="#Page_35">35</a></big>, <a href="#Page_53">53</a>, <a href="#Page_74">74</a>, <a href="#Page_149">149</a></td> - </tr> - <tr> - <td class="i0">Hildesheimer <i>v.</i> Faulkner</td> - <td>—</td> - <td>[1901], 2 Ch., 552</td> - <td><a href="#Page_179">179</a>, <a href="#Page_180">180</a></td> - </tr> - <tr> - <td class="i0">Hime <i>v.</i> Dale</td> - <td>1803</td> - <td>2 Camp., 27 <i>n</i></td> - <td><a href="#Page_11">11</a>, <a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Hodges <i>v.</i> Welsh</td> - <td>1840</td> - <td>2 Ir. Eq. Rep., 266</td> - <td><a href="#Page_28">28</a>, <a href="#Page_70">70</a>, <a href="#Page_111">111</a></td> - </tr> - <tr> - <td class="i0">Hogg <i>v.</i> Kirby</td> - <td>1803</td> - <td>8 Ves., 215</td> - <td><a href="#Page_46">46</a>, <a href="#Page_86">86</a>, <a href="#Page_87">87</a>, <a href="#Page_104">104</a>, <big><a href="#Page_209">209</a></big>, <a href="#Page_213">213</a>, <a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Hogg <i>v.</i> Maxwell</td> - <td>1866</td> - <td>L. R., 2 Ch., 307</td> - <td><a href="#Page_48">48</a></td> - </tr> - <tr> - <td class="i0">Hogg <i>v.</i> Scott</td> - <td>1874</td> - <td>L. R., 18 Eq., 444</td> - <td><a href="#Page_47">47</a>, <a href="#Page_88">88</a>, <a href="#Page_92">92</a>, <a href="#Page_107">107</a>, <a href="#Page_119">119</a></td> - </tr> - <tr> - <td class="i0">Hole <i>v.</i> Bradbury</td> - <td>1879</td> - <td>12 Ch. D., 886</td> - <td><a href="#Page_47">47</a>, <a href="#Page_54">54</a>, <a href="#Page_81">81</a>, <a href="#Page_90">90</a>, <a href="#Page_92">92</a>, <a href="#Page_93">93</a>, <a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Hollinrake <i>v.</i> Truswell</td> - <td>—</td> - <td>[1894], 3 Ch., 420</td> - <td><a href="#Page_14">14</a>, <big><a href="#Page_32">32</a></big>, <a href="#Page_36">36</a>, <a href="#Page_105">105</a></td> - </tr> - <tr> - <td class="i0">Holt <i>v.</i> Woods</td> - <td>1896</td> - <td>17 N. S. W. Eq., 36</td> - <td><a href="#Page_80">80</a>, <a href="#Page_135">135</a></td> - </tr> - <tr> - <td class="i0">Hotten <i>v.</i> Arthur</td> - <td>1863</td> - <td>1 H. and M., 603</td> - <td><big><a href="#Page_18">18</a></big>, <a href="#Page_19">19</a>, <a href="#Page_20">20</a>, <a href="#Page_94">94</a>, <a href="#Page_101">101</a>, <big><a href="#Page_106">106</a></big></td> - </tr> - <tr> - <td class="i0">Houston <i>v.</i> Mills</td> - <td>1834</td> - <td>1 M. and Rob., 325</td> - <td><a href="#Page_230">230</a></td> - </tr> - <tr> - <td class="i0">Howard <i>v.</i> Gunn</td> - <td>1863</td> - <td>32 Beav., 462</td> - <td><a href="#Page_225">225</a></td> - </tr> - <tr> - <td class="i0">Howitt <i>v.</i> Hall</td> - <td>1862</td> - <td>6 L. T. (N. S.), 348</td> - <td><a href="#Page_79">79</a>, <a href="#Page_80">80</a></td> - </tr> - <tr> - <td class="i0">Hutchins, <i>ex parte</i></td> - <td>1879</td> - <td>4 Q. B. D., 483</td> - <td><a href="#Page_135">135</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Ingram</span> <i>v.</i> Stiff</td> - <td>1859</td> - <td>5 Jur. (N. S.), 947</td> - <td><a href="#Page_210">210</a></td> - </tr> - <tr> - <td class="i0">Isaacs <i>v.</i> Fiddemann</td> - <td>1880</td> - <td>49 L. J. Ch., 412</td> - <td><a href="#Page_47">47</a>, <a href="#Page_90">90</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Jarrold</span> <i>v.</i> Heywood</td> - <td>1870</td> - <td>18 W. R., 279</td> - <td><a href="#Page_98">98</a></td> - </tr> - <tr> - <td class="i0">Jarrold <i>v.</i> Houlston</td> - <td>1857</td> - <td>3 K. and J., 708</td> - <td><big><a href="#Page_24">24</a></big>, <a href="#Page_88">88</a>, <a href="#Page_94">94</a>, <a href="#Page_100">100</a>, <a href="#Page_101">101</a>, <big><a href="#Page_105">105</a></big>, <a href="#Page_106">106</a>, <a href="#Page_113">113</a>, <big><a href="#Page_211">211</a></big></td> - </tr> - <tr> - <td class="i0">Jefferys <i>v.</i> Baldwin</td> - <td>1753</td> - <td>Amb., 164</td> - <td><a href="#Page_146">146</a></td> - </tr> - <tr> - <td class="i0">Jefferys <i>v.</i> Boosey</td> - <td>1854</td> - <td>4 H. L. C., 815</td> - <td><a href="#Page_15">15</a>, <a href="#Page_36">36</a>, <a href="#Page_37">37</a>, <a href="#Page_40">40</a>, <a href="#Page_41">41</a>, <big><a href="#Page_42">42</a></big>, <a href="#Page_43">43</a>, <a href="#Page_44">44</a>, <big><a href="#Page_76">76</a></big>, <a href="#Page_77">77</a>, <a href="#Page_79">79</a>, <a href="#Page_80">80</a>, <a href="#Page_119">119</a>, <a href="#Page_164">164</a>, <a href="#Page_206">206</a>, <a href="#Page_218">218</a>, <a href="#Page_221">221</a></td> - </tr> - <tr> - <td class="i0">Jefferys <i>v.</i> Kyle</td> - <td>1856</td> - <td>18 D., 906</td> - <td><a href="#Page_76">76</a></td> - </tr> - <tr> - <td class="i0">Johnson, <i>in re</i></td> - <td>1902</td> - <td>19 Pat. Des. and Trade Mark Cases, 56</td> - <td><a href="#Page_31">31</a></td> - </tr> - <tr> - <td class="i0">Johnson <i>v.</i> Egan</td> - <td>1880</td> - <td>24 Sol. J., 572</td> - <td><a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Johnson <i>v.</i> Newnes</td> - <td>—</td> - <td>[1894], 3 Ch., 663</td> - <td><big><a href="#Page_12">12</a></big>, <a href="#Page_52">52</a>, <big><a href="#Page_70">70</a></big>, <a href="#Page_72">72</a></td> - </tr> - <tr> - <td class="i0">Johnson <i>v.</i> Wyatt</td> - <td>1863</td> - <td>2 De G. J. and S.</td> - <td><a href="#Page_88">88</a></td> - </tr> - <tr> - <td class="i0">Jovatt <i>v.</i> Winyard</td> - <td>1820</td> - <td>1 Jac. and W., 394</td> - <td><big><a href="#Page_216">216</a></big></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Kelly</span> <i>v.</i> Byles</td> - <td>1879</td> - <td>40 L. T. (N. S.), 623</td> - <td><a href="#Page_207">207</a>, <big><a href="#Page_211">211</a></big></td> - </tr> - <tr> - <td class="i0">Kelly <i>v.</i> Hodge</td> - <td>1873</td> - <td>29 L. T. (N. S.), 387</td> - <td><a href="#Page_90">90</a></td> - </tr> - <tr> - <td class="i0">Kelly <i>v.</i> Hooper</td> - <td>1841</td> - <td>1 Y. and C. Ch. Cas., 197</td> - <td><a href="#Page_86">86</a>, <a href="#Page_99">99</a><span class="pagenum" id="Page_xxv">[xxv]</span></td> - </tr> - <tr> - <td class="i0">Kelly <i>v.</i> Hutton</td> - <td>1868</td> - <td>L. R., 3 Ch, 703</td> - <td><a href="#Page_207">207</a>, <a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Kelly <i>v.</i> Morris</td> - <td>1866</td> - <td>L. R., 1 Eq., 697</td> - <td><a href="#Page_16">16</a>, <a href="#Page_17">17</a>, <a href="#Page_88">88</a>, <a href="#Page_101">101</a>, <big><a href="#Page_105">105</a></big>, <a href="#Page_106">106</a>, <a href="#Page_107">107</a>, <a href="#Page_108">108</a>, <a href="#Page_109">109</a>, <a href="#Page_113">113</a></td> - </tr> - <tr> - <td class="i0">Kelly <i>v.</i> Wyman</td> - <td>1869</td> - <td>17 W. R., 399</td> - <td><a href="#Page_94">94</a></td> - </tr> - <tr> - <td class="i0">Kelly's Directories <i>v.</i> Gavin & Lloyds</td> - <td>—</td> - <td>[1901], 1 Ch., 374</td> - <td><a href="#Page_16">16</a>, <big><a href="#Page_85">85</a></big>, <a href="#Page_95">95</a>, <a href="#Page_140">140</a></td> - </tr> - <tr> - <td class="i0">Kenrick <i>v.</i> Lawrence</td> - <td>1890</td> - <td>25 Q. B. D., 99</td> - <td><a href="#Page_168">168</a>, <a href="#Page_174">174</a>, <a href="#Page_175">175</a></td> - </tr> - <tr> - <td class="i0">Kenrick <i>v.</i> Danube Collieries</td> - <td>1891</td> - <td>39 W. R., 473</td> - <td><a href="#Page_14">14</a>, <a href="#Page_37">37</a></td> - </tr> - <tr> - <td class="i0">King <i>v.</i> Reed</td> - <td>1804</td> - <td>8 Ves., 223</td> - <td><a href="#Page_23">23</a></td> - </tr> - <tr> - <td class="i0">Kyle <i>v.</i> Jefferys</td> - <td>1859</td> - <td>3 Macq., 611</td> - <td><a href="#Page_77">77</a>, <a href="#Page_78">78</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Lacy</span> <i>v.</i> Rhys</td> - <td>1864</td> - <td>4 B. and S., 873</td> - <td><a href="#Page_47">47</a>, <a href="#Page_133">133</a>, <a href="#Page_134">134</a>, <a href="#Page_135">135</a></td> - </tr> - <tr> - <td class="i0">Lacy <i>v.</i> Toole</td> - <td>1867</td> - <td>15 L. T. (N. S.), 572</td> - <td><a href="#Page_78">78</a></td> - </tr> - <tr> - <td class="i0">Lamb <i>v.</i> Evans</td> - <td>—</td> - <td>[1893], 1 Ch., 218</td> - <td><a href="#Page_12">12</a>, <big><a href="#Page_17">17</a></big>, <a href="#Page_67">67</a>, <big><a href="#Page_69">69</a></big>, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>, <big><a href="#Page_217">217</a></big>, <a href="#Page_237">237</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>—</td> - <td>[1892], 3 Ch, 462</td> - <td><a href="#Page_88">88</a></td> - </tr> - <tr> - <td class="i0">Latour <i>v.</i> Bland</td> - <td>1818</td> - <td>2 Stark, 382</td> - <td><a href="#Page_78">78</a>, <a href="#Page_83">83</a>, <a href="#Page_119">119</a></td> - </tr> - <tr> - <td class="i0">Lauri <i>v.</i> Renad</td> - <td>—</td> - <td>[1892], 3 Ch., 402</td> - <td><a href="#Page_65">65</a>, <a href="#Page_79">79</a>, <big><a href="#Page_198">198</a></big>, <a href="#Page_203">203</a></td> - </tr> - <tr> - <td class="i0">Lawrence <i>v.</i> Smith</td> - <td>1822</td> - <td>Jac., 471</td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Leader <i>v.</i> Purday</td> - <td>1849</td> - <td>7 C. B, 4</td> - <td><a href="#Page_26">26</a>, <a href="#Page_50">50</a>, <a href="#Page_78">78</a>, <a href="#Page_93">93</a>, <a href="#Page_130">130</a>,</td> - </tr> - <tr> - <td class="i0">Leader <i>v.</i> Strange</td> - <td>1849</td> - <td>2 C. and K., 1010</td> - <td><a href="#Page_84">84</a></td> - </tr> - <tr> - <td class="i0">Lee <i>v.</i> Gibbings</td> - <td>1892</td> - <td>8 T. L. R., 773</td> - <td><a href="#Page_215">215</a></td> - </tr> - <tr> - <td class="i0">Lee <i>v.</i> Simpson</td> - <td>1847</td> - <td>3 C B., 871</td> - <td><a href="#Page_102">102</a>, <big><a href="#Page_123">123</a></big>, <a href="#Page_136">136</a>, <a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i0">Lennie <i>v.</i> Pillans</td> - <td>1843</td> - <td>5 D., 416</td> - <td><big><a href="#Page_24">24</a></big>, <a href="#Page_98">98</a>, <a href="#Page_105">105</a></td> - </tr> - <tr> - <td class="i0">Leslie <i>v.</i> Young</td> - <td>—</td> - <td>[1894], A. C., 335</td> - <td><a href="#Page_12">12</a>, <big><a href="#Page_22">22</a></big>, <a href="#Page_98">98</a>, <a href="#Page_113">113</a>, <a href="#Page_237">237</a></td> - </tr> - <tr> - <td class="i0">Levi <i>v.</i> Champion</td> - <td>1887</td> - <td>3 T. L. R., 286</td> - <td><a href="#Page_175">175</a></td> - </tr> - <tr> - <td class="i0">Levy <i>v.</i> Rutley</td> - <td>1871</td> - <td>L. R., 6 C. P., 523</td> - <td><big><a href="#Page_64">64</a></big>, <a href="#Page_78">78</a></td> - </tr> - <tr> - <td class="i0">Lewis <i>v.</i> Chapman</td> - <td>1840</td> - <td>3 Beav., 133</td> - <td><a href="#Page_87">87</a></td> - </tr> - <tr> - <td class="i0">Lewis <i>v.</i> Fullarton</td> - <td>1839</td> - <td>2 Beav., 6</td> - <td><big><a href="#Page_24">24</a></big>, <a href="#Page_88">88</a>, <a href="#Page_89">89</a>, <big><a href="#Page_106">106</a></big>, <a href="#Page_107">107</a></td> - </tr> - <tr> - <td class="i0">Leyland <i>v.</i> Stewart</td> - <td>1876</td> - <td>4 Ch. D., 419</td> - <td><a href="#Page_77">77</a>, <a href="#Page_134">134</a></td> - </tr> - <tr> - <td class="i0">Licensed Victuallers <i>v.</i> Bingham</td> - <td>1888</td> - <td>38 Ch. D., 139</td> - <td><a href="#Page_207">207</a>, <a href="#Page_208">208</a></td> - </tr> - <tr> - <td class="i0">Liverpool <i>v.</i> Commercial Press</td> - <td>—</td> - <td>[1897], 2 Q. B., 1</td> - <td><a href="#Page_53">53</a>, <a href="#Page_78">78</a>, <a href="#Page_82">82</a>, <a href="#Page_96">96</a></td> - </tr> - <tr> - <td class="i0">London Printing <i>v.</i> Cox</td> - <td>—</td> - <td>[1891], 3 Ch., 291</td> - <td><a href="#Page_52">52</a>, <a href="#Page_78">78</a>, <a href="#Page_118">118</a>, <a href="#Page_172">172</a>, <a href="#Page_176">176</a>, <a href="#Page_185">185</a></td> - </tr> - <tr> - <td class="i0">London Stereoscopic <i>v.</i> Kelly</td> - <td>1888</td> - <td>5 T. L. R., 169</td> - <td><a href="#Page_183">183</a></td> - </tr> - <tr> - <td class="i0">Longman <i>v.</i> Winchester</td> - <td>1809</td> - <td>16 Ves., 269</td> - <td><a href="#Page_16">16</a>, <a href="#Page_17">17</a>, <a href="#Page_24">24</a>, <a href="#Page_104">104</a>, <big><a href="#Page_105">105</a></big>, <a href="#Page_109">109</a></td> - </tr> - <tr> - <td class="i0">Louie <i>v.</i> Smellie</td> - <td>1895</td> - <td>11 T. L. R, 515</td> - <td><big><a href="#Page_217">217</a></big></td> - </tr> - <tr> - <td class="i0">Lover <i>v.</i> Davidson</td> - <td>1856</td> - <td>1 C. B. (N. S.), 182</td> - <td><a href="#Page_26">26</a>, <a href="#Page_41">41</a>, <a href="#Page_50">50</a>, <a href="#Page_53">53</a>, <a href="#Page_78">78</a>, <a href="#Page_130">130</a></td> - </tr> - <tr> - <td class="i0">Low <i>v.</i> Routledge</td> - <td>1864</td> - <td>L. R, 1 Ch., 42</td> - <td><a href="#Page_47">47</a>, <big><a href="#Page_51">51</a></big>, <a href="#Page_53">53</a></td> - </tr> - <tr> - <td class="i0">Low <i>v.</i> Ward</td> - <td>1868</td> - <td>L. R, 6 Eq., 415</td> - <td><a href="#Page_12">12</a>, <a href="#Page_44">44</a></td> - </tr> - <tr> - <td class="i0">Lucas <i>v.</i> Cooke</td> - <td>1880</td> - <td>13 Ch. D., 872</td> - <td><a href="#Page_53">53</a>, <a href="#Page_80">80</a>, <a href="#Page_176">176</a></td> - </tr> - <tr> - <td class="i0">Lucas <i>v.</i> Williams</td> - <td>—</td> - <td>[1892], 2 Q. B., 113</td> - <td><a href="#Page_181">181</a></td> - </tr> - <tr> - <td class="i0">Lyon <i>v.</i> Knowles</td> - <td>1863</td> - <td>3 B. and S., 556</td> - <td><a href="#Page_140">140</a></td> - </tr> - <tr> - <td class="i0">Lytton <i>v.</i> Devey</td> - <td>1884</td> - <td>52 L T. (N. S.), 121</td> - <td><a href="#Page_225">225</a>, <a href="#Page_226">226</a><span class="pagenum" id="Page_xxvi">[xxvi]</span></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">MacFarlane</span> <i>v.</i> Oak Foundry</td> - <td>1883</td> - <td>10 R., 801</td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Mack <i>v.</i> Petter</td> - <td>1872</td> - <td>L. R., 14 Eq., 431</td> - <td><a href="#Page_207">207</a></td> - </tr> - <tr> - <td class="i0">Macklin <i>v.</i> Richardson</td> - <td>1770</td> - <td>Amb., 694</td> - <td><a href="#Page_37">37</a>, <a href="#Page_120">120</a>, <a href="#Page_121">121</a>, <a href="#Page_222">222</a></td> - </tr> - <tr> - <td class="i0">Mackmurdo <i>v.</i> Smith</td> - <td>1798</td> - <td>7 T. R., 518</td> - <td><a href="#Page_151">151</a></td> - </tr> - <tr> - <td class="i0">Maclean <i>v.</i> Moody</td> - <td>1858</td> - <td>20 D., 1154</td> - <td><a href="#Page_20">20</a>, <a href="#Page_62">62</a>, <a href="#Page_76">76</a></td> - </tr> - <tr> - <td class="i0">Macmillan <i>v.</i> Shamsal</td> - <td>1894</td> - <td>Ind. L. R., 19 Bomb., 557</td> - <td><a href="#Page_116">116</a></td> - </tr> - <tr> - <td class="i0">Macmillan <i>v.</i> Suresh Chunder Deb</td> - <td>1890</td> - <td>Ind. L. R., 17 Calc.,</td> - <td><big><a href="#Page_25">25</a></big>, <a href="#Page_47">47</a>, <a href="#Page_51">51</a>, <a href="#Page_52">52</a>, <a href="#Page_77">77</a>, <a href="#Page_92">92</a></td> - </tr> - <tr> - <td class="i0">Macneill <i>v.</i> Williams</td> - <td>1847</td> - <td>11 Jur., 344</td> - <td><big><a href="#Page_23">23</a></big>, <a href="#Page_87">87</a></td> - </tr> - <tr> - <td class="i0">Manners <i>v.</i> Blair</td> - <td>1828</td> - <td>3 Bligh (N. S.), 391</td> - <td><a href="#Page_59">59</a></td> - </tr> - <tr> - <td class="i0">Maple <i>v.</i> Junior Army and Navy Stores</td> - <td>1882</td> - <td>21 Ch. D., 369</td> - <td><a href="#Page_13">13</a>, <a href="#Page_14">14</a>, <big><a href="#Page_19">19</a></big>, <a href="#Page_26">26</a>, <big><a href="#Page_34">34</a></big>, <a href="#Page_51">51</a>, <a href="#Page_69">69</a>, <a href="#Page_87">87</a>, <a href="#Page_95">95</a>, <a href="#Page_97">97</a>, <a href="#Page_149">149</a>, <a href="#Page_238">238</a></td> - </tr> - <tr> - <td class="i0">Marchant <i>v.</i> Evans</td> - <td>1818</td> - <td>2 Moore, 14</td> - <td><a href="#Page_230">230</a></td> - </tr> - <tr> - <td class="i0">Marsh <i>v.</i> Conquest</td> - <td>1864</td> - <td>17 C. B. (N. S.), 418</td> - <td><a href="#Page_47">47</a>, <a href="#Page_121">121</a>, <a href="#Page_134">134</a>, <a href="#Page_135">135</a>, <a href="#Page_140">140</a></td> - </tr> - <tr> - <td class="i0">Marshall <i>v.</i> Broadhurst</td> - <td>1831</td> - <td>1 Tyrw., 348</td> - <td><a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Marshall <i>v.</i> Petty</td> - <td>1900</td> - <td>17 T. L. R., 501</td> - <td><a href="#Page_34">34</a>, <a href="#Page_78">78</a>, <a href="#Page_154">154</a>, <a href="#Page_160">160</a></td> - </tr> - <tr> - <td class="i0">Martin, <i>in re</i></td> - <td>1884</td> - <td>10 Vict. L. R., 196</td> - <td><a href="#Page_54">54</a></td> - </tr> - <tr> - <td class="i0">Martin <i>v.</i> Wright</td> - <td>1833</td> - <td>6 Sim., 297</td> - <td><a href="#Page_113">113</a>, <a href="#Page_155">155</a>, <a href="#Page_156">156</a>, <a href="#Page_158">158</a>, <a href="#Page_213">213</a></td> - </tr> - <tr> - <td class="i0">Marzials <i>v.</i> Gibbons</td> - <td>1874</td> - <td>L. R., 9 Ch., 518</td> - <td><a href="#Page_24">24</a>, <a href="#Page_65">65</a></td> - </tr> - <tr> - <td class="i0">Mason <i>v.</i> Murray</td> - <td>—</td> - <td>Cited, 1 East, 360</td> - <td><a href="#Page_26">26</a></td> - </tr> - <tr> - <td class="i0">Mathieson <i>v.</i> Harrod</td> - <td>1868</td> - <td>L. R., 7 Eq., 270</td> - <td><a href="#Page_51">51</a></td> - </tr> - <tr> - <td class="i0">Matthewson <i>v.</i> Stockdale</td> - <td>1806</td> - <td>12 Ves., 270</td> - <td><a href="#Page_15">15</a>, <a href="#Page_16">16</a>, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>, <a href="#Page_109">109</a></td> - </tr> - <tr> - <td class="i0">Mavor <i>v.</i> Pyne</td> - <td>1825</td> - <td>3 Bing., 285</td> - <td><a href="#Page_230">230</a></td> - </tr> - <tr> - <td class="i0">Mawman <i>v.</i> Gillett</td> - <td>1809</td> - <td>2 Taunt., 325</td> - <td><a href="#Page_231">231</a></td> - </tr> - <tr> - <td class="i0">Mawman <i>v.</i> Tegg</td> - <td>1826</td> - <td>2 Russ., 385</td> - <td><a href="#Page_83">83</a>, <a href="#Page_86">86</a>, <a href="#Page_88">88</a>, <a href="#Page_94">94</a>, <a href="#Page_99">99</a>, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>, <a href="#Page_111">111</a></td> - </tr> - <tr> - <td class="i0">Maxwell <i>v.</i> Hogg</td> - <td>1867</td> - <td>L. R., 2 Ch., 307</td> - <td><a href="#Page_14">14</a>, <a href="#Page_51">51</a>, <a href="#Page_207">207</a>, <a href="#Page_208">208</a></td> - </tr> - <tr> - <td class="i0">Maxwell <i>v.</i> Somerton</td> - <td>1874</td> - <td>22 W. R., 313</td> - <td><a href="#Page_95">95</a>, <a href="#Page_102">102</a></td> - </tr> - <tr> - <td class="i0">Mayall <i>v.</i> Higbey</td> - <td>1862</td> - <td>1 H. and C., 148</td> - <td><a href="#Page_180">180</a>, <a href="#Page_223">223</a></td> - </tr> - <tr> - <td class="i0">Mayhew <i>v.</i> Maxwell</td> - <td>1860</td> - <td>1 J. and H., 312</td> - <td><a href="#Page_52">52</a>, <a href="#Page_72">72</a>, <a href="#Page_73">73</a></td> - </tr> - <tr> - <td class="i0">Melville <i>v.</i> <i>Mirror of Life</i></td> - <td>—</td> - <td>[1895], 2 Ch., 531</td> - <td><a href="#Page_174">174</a>, <a href="#Page_175">175</a>, <a href="#Page_176">176</a></td> - </tr> - <tr> - <td class="i0">Merryweather <i>v.</i> Moore</td> - <td>—</td> - <td>[1892], 2 Ch., 518</td> - <td><big><a href="#Page_217">217</a></big></td> - </tr> - <tr> - <td class="i0">Metzler <i>v.</i> Wood</td> - <td>1878</td> - <td>8 Ch. D., 606</td> - <td><a href="#Page_46">46</a>, <a href="#Page_95">95</a>, <big><a href="#Page_211">211</a></big></td> - </tr> - <tr> - <td class="i0">Millar <i>v.</i> Taylor</td> - <td>1769</td> - <td>4 Burr., 2303</td> - <td><big><a href="#Page_6">6</a></big>, <a href="#Page_7">7</a>, <a href="#Page_37">37</a>, <a href="#Page_42">42</a>, <a href="#Page_59">59</a>, <a href="#Page_115">115</a>, <a href="#Page_117">117</a>, <a href="#Page_119">119</a>, <a href="#Page_206">206</a>, <a href="#Page_220">220</a>, <a href="#Page_221">221</a></td> - </tr> - <tr> - <td class="i0">Moffat & Paige <i>v.</i> Gill</td> - <td>1902</td> - <td>C. A., April 25</td> - <td><a href="#Page_25">25</a>, <a href="#Page_26">26</a>, <a href="#Page_109">109</a></td> - </tr> - <tr> - <td class="i0">Monaghan <i>v.</i> Taylor</td> - <td>1886</td> - <td>2 T. L. R., 685</td> - <td><a href="#Page_141">141</a></td> - </tr> - <tr> - <td class="i0">Moore <i>v.</i> Clarke</td> - <td>1842</td> - <td>9 M. and W., 692</td> - <td><a href="#Page_157">157</a>, <a href="#Page_183">183</a></td> - </tr> - <tr> - <td class="i0">Morang <i>v.</i> Publishers</td> - <td>1900</td> - <td>32 Out. Rep., 393</td> - <td><a href="#Page_53">53</a>, <a href="#Page_78">78</a>, <a href="#Page_188">188</a></td> - </tr> - <tr> - <td class="i0">Morison <i>v.</i> Moat</td> - <td>1851</td> - <td>9 Hare, 241</td> - <td><a href="#Page_219">219</a></td> - </tr> - <tr> - <td class="i0">Morocco Bound Syndicate <i>v.</i> Harris</td> - <td>—</td> - <td>[1895], 1 Ch., 534</td> - <td><a href="#Page_193">193</a></td> - </tr> - <tr> - <td class="i0">Morris <i>v.</i> Ashbee</td> - <td>1868</td> - <td>L. R., 7 Eq., 34</td> - <td><a href="#Page_16">16</a>, <big><a href="#Page_17">17</a></big>, <a href="#Page_18">18</a>, <a href="#Page_87">87</a>, <a href="#Page_105">105</a>, <big><a href="#Page_107">107</a></big>, <a href="#Page_108">108</a>, <a href="#Page_119">119</a></td> - </tr> - <tr> - <td class="i0">Morris <i>v.</i> Colman</td> - <td>1812</td> - <td>18 Ves., 437</td> - <td><a href="#Page_228">228</a><span class="pagenum" id="Page_xxvii">[xxvii]</span></td> - </tr> - <tr> - <td class="i0">Morris <i>v.</i> Kelly</td> - <td>1820</td> - <td>1 Jac. and W., 481</td> - <td><a href="#Page_79">79</a>, <big><a href="#Page_121">121</a></big></td> - </tr> - <tr> - <td class="i0">Morris <i>v.</i> Wright</td> - <td>1870</td> - <td>L. R., 5 Ch., 279</td> - <td><a href="#Page_16">16</a>, <big><a href="#Page_108">108</a></big>, <a href="#Page_109">109</a></td> - </tr> - <tr> - <td class="i0">Morton <i>v.</i> Copeland</td> - <td>1855</td> - <td>16 C. B., 517</td> - <td><a href="#Page_78">78</a>, <a href="#Page_118">118</a>, <a href="#Page_143">143</a></td> - </tr> - <tr> - <td class="i0">Motte <i>v.</i> Falkner</td> - <td>1735</td> - <td>4 Burr., 2326</td> - <td><a href="#Page_6">6</a></td> - </tr> - <tr> - <td class="i0">Moul <i>v.</i> Groenings</td> - <td>—</td> - <td>[1891], 2 Q. B., 443</td> - <td><a href="#Page_202">202</a>, <a href="#Page_203">203</a></td> - </tr> - <tr> - <td class="i0">Muddock <i>v.</i> Blackwood</td> - <td>—</td> - <td>[1898], 1 Ch., 58</td> - <td><a href="#Page_84">84</a>, <a href="#Page_86">86</a>, <a href="#Page_92">92</a></td> - </tr> - <tr> - <td class="i0">Munshi <i>v.</i> Mirza</td> - <td>1890</td> - <td>Ind. L. R., 14 Bomb., 586</td> - <td><a href="#Page_116">116</a></td> - </tr> - <tr> - <td class="i0">Murray <i>v.</i> Benbow</td> - <td>1822</td> - <td>Jac., 474 <i>n</i></td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Murray <i>v.</i> Bogue</td> - <td>1852</td> - <td>1 Drew, 353</td> - <td><big><a href="#Page_26">26</a></big>, <a href="#Page_51">51</a>, <a href="#Page_99">99</a>, <a href="#Page_102">102</a>, <a href="#Page_117">117</a></td> - </tr> - <tr> - <td class="i0">Murray <i>v.</i> Elliston</td> - <td>1822</td> - <td>5 B. and A., 804</td> - <td><a href="#Page_114">114</a>, <a href="#Page_115">115</a>, <a href="#Page_121">121</a></td> - </tr> - <tr> - <td class="i0">Murray <i>v.</i> Heath</td> - <td>1831</td> - <td>1 B. and A., 804</td> - <td><a href="#Page_159">159</a>, <a href="#Page_180">180</a></td> - </tr> - <tr> - <td class="i0">Murray <i>v.</i> MacFarquhar</td> - <td>1785</td> - <td>Mor. Dic., 8309</td> - <td><a href="#Page_110">110</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Neale</span> <i>v.</i> Harmer</td> - <td>1897</td> - <td>13 T. L. R., 209</td> - <td><big><a href="#Page_99">99</a></big></td> - </tr> - <tr> - <td class="i0">Newman <i>v.</i> Pinto</td> - <td>1887</td> - <td>57 L. T. (N. S.), 31</td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Newton <i>v.</i> Cowie</td> - <td>1827</td> - <td>4 Bing., 234</td> - <td><a href="#Page_34">34</a>, <a href="#Page_148">148</a>, <a href="#Page_151">151</a>, <a href="#Page_152">152</a>, <a href="#Page_157">157</a></td> - </tr> - <tr> - <td class="i0">Nicholls <i>v.</i> Parker</td> - <td>1901</td> - <td>17 T. L. R., 482</td> - <td><a href="#Page_180">180</a>, <a href="#Page_185">185</a></td> - </tr> - <tr> - <td class="i0">Nicol <i>v.</i> Stockdale</td> - <td>1785</td> - <td>3 Swanst., 687</td> - <td><a href="#Page_59">59</a></td> - </tr> - <tr> - <td class="i0">Nicols <i>v.</i> Pitman</td> - <td>1884</td> - <td>26 Ch. D., 374</td> - <td><a href="#Page_11">11</a>, <a href="#Page_37">37</a>, <a href="#Page_38">38</a>, <a href="#Page_97">97</a>, <big><a href="#Page_110">110</a></big>, <a href="#Page_118">118</a>, <a href="#Page_222">222</a>, <a href="#Page_224">224</a></td> - </tr> - <tr> - <td class="i0">Nottage <i>v.</i> Jackson</td> - <td>1883</td> - <td>11 Q. B. D., 627</td> - <td><a href="#Page_52">52</a>, <a href="#Page_57">57</a>, <a href="#Page_62">62</a>, <a href="#Page_65">65</a>, <a href="#Page_171">171</a>, <a href="#Page_174">174</a></td> - </tr> - <tr> - <td class="i0">Novello <i>v.</i> Sudlow</td> - <td>1852</td> - <td>12 C. B., 177</td> - <td><a href="#Page_86">86</a>, <a href="#Page_97">97</a>, <a href="#Page_102">102</a></td> - </tr> - <tr> - <td class="i0">Novello <i>v.</i> James</td> - <td>1854</td> - <td>24 L. J. Ch., 111</td> - <td><a href="#Page_87">87</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Oliver</span> <i>v.</i> Oliver</td> - <td>1861</td> - <td>11 C. B. (N. S.), 139</td> - <td><a href="#Page_225">225</a></td> - </tr> - <tr> - <td class="i0">Ollendorff <i>v.</i> Black</td> - <td>1850</td> - <td>4 De G. and Sm., 209</td> - <td><a href="#Page_42">42</a></td> - </tr> - <tr> - <td class="i0">Osborne <i>v.</i> Donaldson</td> - <td>1765</td> - <td>2 Eden, 327</td> - <td><a href="#Page_6">6</a></td> - </tr> - <tr> - <td class="i0">Oxford and Cambridge <i>v.</i> Gill</td> - <td>1899</td> - <td>43 Sol. J., 570</td> - <td><a href="#Page_102">102</a>, <a href="#Page_113">113</a></td> - </tr> - <tr> - <td class="i0">Oxford and Cambridge <i>v.</i> Richardson</td> - <td>1802</td> - <td>6 Ves., 689</td> - <td><a href="#Page_59">59</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Page</span> <i>v.</i> Townsend</td> - <td>1832</td> - <td>5 Sim., 395</td> - <td><a href="#Page_150">150</a></td> - </tr> - <tr> - <td class="i0">Page <i>v.</i> Wisden</td> - <td>1869</td> - <td>20 L. T., 435</td> - <td><big><a href="#Page_31">31</a></big>, <a href="#Page_51">51</a>, <a href="#Page_96">96</a></td> - </tr> - <tr> - <td class="i0">Palin <i>v.</i> Gathercole</td> - <td>1844</td> - <td>1 Coll., 565</td> - <td><a href="#Page_225">225</a>, <a href="#Page_226">226</a></td> - </tr> - <tr> - <td class="i0">Parsons <i>v.</i> Chapman</td> - <td>1831</td> - <td>5 C. and P., 33</td> - <td><a href="#Page_140">140</a>, <a href="#Page_141">141</a></td> - </tr> - <tr> - <td class="i0">Paton <i>v.</i> Duncan</td> - <td>1828</td> - <td>3 C. and P., 336</td> - <td><a href="#Page_228">228</a></td> - </tr> - <tr> - <td class="i0">Perceval <i>v.</i> Phipps</td> - <td>1813</td> - <td>2 V. and B., 19</td> - <td><a href="#Page_225">225</a>, <a href="#Page_226">226</a></td> - </tr> - <tr> - <td class="i0">Petty <i>v.</i> Taylor</td> - <td>—</td> - <td>[1897], 1 Ch., 465</td> - <td><a href="#Page_52">52</a>, <a href="#Page_63">63</a>, <a href="#Page_171">171</a>, <a href="#Page_176">176</a></td> - </tr> - <tr> - <td class="i0">Piddington <i>v.</i> Philip</td> - <td>1893</td> - <td>14 N. S. W. Rep., Eq., 159</td> - <td><a href="#Page_95">95</a></td> - </tr> - <tr> - <td class="i0">Pike <i>v.</i> Nicholas</td> - <td>1869</td> - <td>L. R., 5 Ch., 251</td> - <td><a href="#Page_86">86</a>, <a href="#Page_95">95</a>, <b><a href="#Page_98">98</a></b>, <a href="#Page_104">104</a>, <a href="#Page_105">105</a>, <big><a href="#Page_108">108</a></big></td> - </tr> - <tr> - <td class="i0">Pitman <i>v.</i> Hine</td> - <td>1884</td> - <td>1 T. L. R.</td> - <td><a href="#Page_119">119</a></td> - </tr> - <tr> - <td class="i0">Pitt Pitts <i>v.</i> George </td> - <td>—</td> - <td>[1896], 2 Ch., 866</td> - <td><a href="#Page_201">201</a></td> - </tr> - <tr> - <td class="i0">Planché <i>v.</i> Braham</td> - <td>1837</td> - <td>4 Bing. N. C., 17</td> - <td><a href="#Page_138">138</a></td> - </tr> - <tr> - <td class="i0">Planché <i>v.</i> Colburn</td> - <td>1831</td> - <td>5 C. and P., 58</td> - <td><a href="#Page_228">228</a></td> - </tr> - <tr> - <td class="i0">Platt <i>v.</i> Button</td> - <td>1815</td> - <td>19 Ves., 447</td> - <td><a href="#Page_87">87</a>, <a href="#Page_119">119</a></td> - </tr> - <tr> - <td class="i0">Platt <i>v.</i> Walter</td> - <td>1867</td> - <td>17 L. T. (N. S.), 157</td> - <td><a href="#Page_11">11</a>, <a href="#Page_67">67</a>, <a href="#Page_206">206</a>, <a href="#Page_229">229</a><span class="pagenum" id="Page_xxviii">[xxviii]</span></td> - </tr> - <tr> - <td class="i0">Pollard <i>v.</i> Photo Co.</td> - <td>1888</td> - <td>4 Ch. D., 345</td> - <td><a href="#Page_172">172</a>, <a href="#Page_180">180</a>, <a href="#Page_220">220</a></td> - </tr> - <tr> - <td class="i0">Pope <i>v.</i> Curl</td> - <td>1741</td> - <td>2 Atk., 342</td> - <td><a href="#Page_220">220</a>, <a href="#Page_225">225</a></td> - </tr> - <tr> - <td class="i0">Poplett <i>v.</i> Stockdale</td> - <td>1825</td> - <td>Ry. and M., 337</td> - <td><a href="#Page_231">231</a></td> - </tr> - <tr> - <td class="i0">Poulton, <i>ex parte</i></td> - <td>1884</td> - <td>53 L. J. Q. B., 320</td> - <td><a href="#Page_54">54</a></td> - </tr> - <tr> - <td class="i0">Powell <i>v.</i> Head</td> - <td>1879</td> - <td>12 Ch. D., 686</td> - <td><a href="#Page_65">65</a>, <a href="#Page_79">79</a>, <a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i0">Power <i>v.</i> Walker</td> - <td>1814</td> - <td>4 Camp., 8</td> - <td><a href="#Page_76">76</a>, <a href="#Page_77">77</a>, <a href="#Page_134">134</a>, <a href="#Page_164">164</a></td> - </tr> - <tr> - <td class="i0">Price's Patent Candles <i>v.</i> Bauwen</td> - <td>1858</td> - <td>4 K. and J., 727</td> - <td><a href="#Page_86">86</a></td> - </tr> - <tr> - <td class="i0">Priestley's Case</td> - <td>—</td> - <td>2 Mer., 437</td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Primrose Press <i>v.</i> Knowles</td> - <td>1886</td> - <td>2 T. L. R., 404</td> - <td><a href="#Page_48">48</a></td> - </tr> - <tr> - <td class="i0">Prince Albert <i>v.</i> Strange</td> - <td>1849</td> - <td>2 De G. and Sm., 652</td> - <td><a href="#Page_37">37</a>, <a href="#Page_90">90</a>, <a href="#Page_117">117</a>, <a href="#Page_152">152</a>, <a href="#Page_172">172</a>, <big><a href="#Page_216">216</a></big>, <a href="#Page_219">219</a>, <a href="#Page_220">220</a>, <a href="#Page_221">221</a>, <a href="#Page_223">223</a></td> - </tr> - <tr> - <td class="i0">Prowett <i>v.</i> Mortimer</td> - <td>1856</td> - <td>2 Jur. (N. S.), 414</td> - <td><a href="#Page_48">48</a>, <big><a href="#Page_209">209</a></big>, <a href="#Page_210">210</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Queensberry</span> <i>v.</i> Shebbeare</td> - <td>1758</td> - <td>2 Eden, 329</td> - <td><a href="#Page_79">79</a>, <a href="#Page_220">220</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Reade</span> <i>v.</i> Bentley</td> - <td>1857</td> - <td>3 K. and J., 271</td> - <td><a href="#Page_81">81</a>, <a href="#Page_227">227</a>, <a href="#Page_228">228</a>, <a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>—</td> - <td>4 K. and J., 656</td> - <td></td> - </tr> - <tr> - <td class="i0">Reade <i>v.</i> Conquest</td> - <td>1861</td> - <td>9 C. B. (N. S.), 755</td> - <td><a href="#Page_114">114</a>, <a href="#Page_120">120</a>, <a href="#Page_123">123</a>, <a href="#Page_206">206</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1862</td> - <td>11 C. B. (N. S.), 479</td> - <td><a href="#Page_46">46</a>, <a href="#Page_102">102</a>, <a href="#Page_139">139</a></td> - </tr> - <tr> - <td class="i0">Reade <i>v.</i> Lacy</td> - <td>1861</td> - <td>1 J. and H., 524</td> - <td><a href="#Page_101">101</a>, <a href="#Page_102">102</a></td> - </tr> - <tr> - <td class="i0">Reeve <i>v.</i> Gibson</td> - <td>—</td> - <td>[1891], 1 Q. B., 652</td> - <td><a href="#Page_144">144</a>, <a href="#Page_156">156</a></td> - </tr> - <tr> - <td class="i0">Reg <i>v.</i> Closs</td> - <td>1857</td> - <td>6 W. R., 109</td> - <td><a href="#Page_180">180</a></td> - </tr> - <tr> - <td class="i0">Reichardt <i>v.</i> Sapte</td> - <td>—</td> - <td>[1893], 2 Q. B., 308</td> - <td><big><a href="#Page_128">128</a></big>, <a href="#Page_139">139</a></td> - </tr> - <tr> - <td class="i0">Reid <i>v.</i> Maxwell</td> - <td>1886</td> - <td>2 T. L. R., 790</td> - <td><a href="#Page_41">41</a></td> - </tr> - <tr> - <td class="i0">Reuter's Telegram Co. <i>v.</i> Byron</td> - <td>1874</td> - <td>43 L. J. Ch., 661</td> - <td><big><a href="#Page_216">216</a></big></td> - </tr> - <tr> - <td class="i0">Richardson <i>v.</i> Gilbert</td> - <td>1851</td> - <td>1 Sim. (N. S.), 336</td> - <td><a href="#Page_71">71</a></td> - </tr> - <tr> - <td class="i0">Rippon <i>v.</i> Norton</td> - <td>1839</td> - <td>2 Beav., 63</td> - <td><a href="#Page_81">81</a></td> - </tr> - <tr> - <td class="i0">Robb <i>v.</i> Green</td> - <td>1895</td> - <td>2 Q. B., 315</td> - <td><big><a href="#Page_218">218</a></big></td> - </tr> - <tr> - <td class="i0">Roberts <i>v.</i> Bignell</td> - <td>1887</td> - <td>3 T. L. R., 552</td> - <td><big><a href="#Page_124">124</a></big>, <a href="#Page_142">142</a></td> - </tr> - <tr> - <td class="i0">Robinson <i>v.</i> Wilkins</td> - <td>1805</td> - <td>8 Ves., 224 <i>n</i></td> - <td><a href="#Page_87">87</a></td> - </tr> - <tr> - <td class="i0">Rock <i>v.</i> Lazarus</td> - <td>1872</td> - <td>L. R., 15 Eq., 104</td> - <td><a href="#Page_52">52</a>, <a href="#Page_102">102</a>, <a href="#Page_152">152</a></td> - </tr> - <tr> - <td class="i0">Rooney <i>v.</i> Kelly</td> - <td>1861</td> - <td>14 Ir. C. L. R., 158</td> - <td><a href="#Page_90">90</a>, <a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Routledge <i>v.</i> Low</td> - <td>1868</td> - <td>L. R., 3 H. L, 100</td> - <td><a href="#Page_40">40</a>, <b><a href="#Page_43">43</a></b>, <a href="#Page_44">44</a>, <a href="#Page_56">56</a></td> - </tr> - <tr> - <td class="i0">Roworth <i>v.</i> Wilkes</td> - <td>1807</td> - <td>1 Camp., 94</td> - <td><a href="#Page_34">34</a>, <a href="#Page_47">47</a>, <a href="#Page_97">97</a>, <a href="#Page_100">100</a>, <a href="#Page_110">110</a>, <a href="#Page_112">112</a>, <a href="#Page_151">151</a>, <a href="#Page_158">158</a></td> - </tr> - <tr> - <td class="i0">Rundell <i>v.</i> Murray</td> - <td>1821</td> - <td>Jac., 311</td> - <td><big><a href="#Page_24">24</a></big>, <a href="#Page_87">87</a>, <a href="#Page_119">119</a>, <a href="#Page_164">164</a>, <a href="#Page_267">267</a></td> - </tr> - <tr> - <td class="i0">Russell <i>v.</i> Brianty</td> - <td>1849y</td> - <td>8 C. B., 836y</td> - <td><a href="#Page_140">140</a></td> - </tr> - <tr> - <td class="i0">Russell <i>v.</i> Smithy</td> - <td>1848y</td> - <td>12 Q. B., 217y</td> - <td><a href="#Page_47">47</a>, <big><a href="#Page_123">123</a></big>, <a href="#Page_125">125</a>, <a href="#Page_126">126</a>, <a href="#Page_131">131</a>. <a href="#Page_133">133</a>, <a href="#Page_134">134</a>, <a href="#Page_136">136</a>, <a href="#Page_137">137</a>, <a href="#Page_140">140</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Saunders</span> <i>v.</i> Smith</td> - <td>1838</td> - <td>3 My. and C., 711</td> - <td><big><a href="#Page_28">28</a></big>, <a href="#Page_87">87</a>, <big><a href="#Page_111">111</a></big>, <a href="#Page_119">119</a></td> - </tr> - <tr> - <td class="i0">Saunders <i>v.</i> Will</td> - <td>—</td> - <td>[1892], 2 Q. B.,</td> - <td><a href="#Page_18">18</a> <a href="#Page_144">144</a></td> - </tr> - <tr> - <td class="i0">Sayre <i>v.</i> Moore</td> - <td>1785</td> - <td>1 East, 361 <i>n</i></td> - <td><a href="#Page_104">104</a>, <a href="#Page_112">112</a></td> - </tr> - <tr> - <td class="i0">Schauer <i>v.</i> Field</td> - <td>—</td> - <td>[1893], 1 Ch., 35</td> - <td><a href="#Page_203">203</a></td> - </tr> - <tr> - <td class="i0">Schlesinger <i>v.</i> Bedford</td> - <td>1890</td> - <td>63 L. T. (N. S.), 762</td> - <td><a href="#Page_120">120</a></td> - </tr> - <tr> - <td class="i0">Schlesinger <i>v.</i> Turner</td> - <td>1890</td> - <td>63 L. T. (N. S.), 764</td> - <td><a href="#Page_120">120</a></td> - </tr> - <tr> - <td class="i0">Schove <i>v.</i> Schmincké</td> - <td>1886</td> - <td>33 Ch. D., 546</td> - <td><a href="#Page_48">48</a>, <a href="#Page_208">208</a></td> - </tr> - <tr> - <td class="i0">Scott <i>v.</i> Stanford</td> - <td>1867</td> - <td>L. R., 3 Eq., 718</td> - <td><a href="#Page_20">20</a>, <big><a href="#Page_62">62</a></big>, <a href="#Page_99">99</a>, <a href="#Page_101">101</a>, <big><a href="#Page_107">107</a></big>, <a href="#Page_113">113</a> <span class="pagenum" id="Page_xxix">[xxix]</span></td> - </tr> - <tr> - <td class="i0">Seeley <i>v.</i> Fisher</td> - <td>1841</td> - <td>11 Sim., 581</td> - <td><a href="#Page_213">213</a></td> - </tr> - <tr> - <td class="i0">Shackell <i>v.</i> Rosier</td> - <td>1836</td> - <td>2 Bing., N. C., 634</td> - <td><a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Shelley <i>v.</i> Bethell</td> - <td>1883</td> - <td>12 Q. B. D., 11</td> - <td><a href="#Page_136">136</a></td> - </tr> - <tr> - <td class="i0">Shepherd <i>v.</i> Conquest</td> - <td>1856</td> - <td>17 C. B., 427</td> - <td><big><a href="#Page_64">64</a></big>, <a href="#Page_67">67</a>, <a href="#Page_77">77</a>, <a href="#Page_80">80</a>, <a href="#Page_134">134</a></td> - </tr> - <tr> - <td class="i0">Sims <i>v.</i> Marryat</td> - <td>1851</td> - <td>17 Q. B., 281</td> - <td><a href="#Page_79">79</a></td> - </tr> - <tr> - <td class="i0">Smiles <i>v.</i> Belford</td> - <td>1876</td> - <td>1 Tupp. App., 436</td> - <td><a href="#Page_189">189</a></td> - </tr> - <tr> - <td class="i0">Smith <i>v.</i> Chatto</td> - <td>1874</td> - <td>31 L. T. (N. S.), 775</td> - <td><a href="#Page_112">112</a></td> - </tr> - <tr> - <td class="i0">Smith <i>v.</i> Johnson</td> - <td>1863</td> - <td>4 Gif., 632</td> - <td><a href="#Page_72">72</a></td> - </tr> - <tr> - <td class="i0">Southern <i>v.</i> Bailes</td> - <td>1894</td> - <td>38 Sol. J., 681</td> - <td><a href="#Page_11">11</a>, <big><a href="#Page_24">24</a></big></td> - </tr> - <tr> - <td class="i0">Southey <i>v.</i> Sherwood</td> - <td>1817</td> - <td>2 Meriv., 435</td> - <td><a href="#Page_87">87</a>, <a href="#Page_119">119</a>, <a href="#Page_223">223</a></td> - </tr> - <tr> - <td class="i0">Spiers <i>v.</i> Brown</td> - <td>1858</td> - <td>31 L. T. (O. S.), 16</td> - <td><big><a href="#Page_25">25</a></big>, <a href="#Page_101">101</a>, <a href="#Page_116">116</a></td> - </tr> - <tr> - <td class="i0">Spottiswoode <i>v.</i> Clarke</td> - <td>1846</td> - <td>2 Phillips, 154</td> - <td><a href="#Page_211">211</a></td> - </tr> - <tr> - <td class="i0">Stannard <i>v.</i> Harrison</td> - <td>1871</td> - <td>24 L. T. (N. S.), 570</td> - <td><a href="#Page_62">62</a>, <a href="#Page_90">90</a>, <a href="#Page_148">148</a>, <a href="#Page_153">153</a></td> - </tr> - <tr> - <td class="i0">Stannard <i>v.</i> Lee</td> - <td>1871</td> - <td>L. R., 6 Ch., 346</td> - <td><a href="#Page_15">15</a>, <a href="#Page_47">47</a>, <a href="#Page_148">148</a>, <a href="#Page_149">149</a></td> - </tr> - <tr> - <td class="i0">Stevens <i>v.</i> Benning</td> - <td>1855</td> - <td>6 De G. M. and G.,223</td> - <td><a href="#Page_83">83</a>, <a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Stevens <i>v.</i> Bradbury</td> - <td>1854</td> - <td>1 K. and J., 168</td> - <td><a href="#Page_81">81</a></td> - </tr> - <tr> - <td class="i0">Stevens <i>v.</i> Brett</td> - <td>1864</td> - <td>10 L. T. (N. S.), 231</td> - <td><a href="#Page_94">94</a></td> - </tr> - <tr> - <td class="i0">Stevens <i>v.</i> Wildy</td> - <td>1850</td> - <td>19 L. J. Ch., 190</td> - <td><a href="#Page_78">78</a></td> - </tr> - <tr> - <td class="i0">Stewart <i>v.</i> Black</td> - <td>1846</td> - <td>9 D., 1026</td> - <td><a href="#Page_92">92</a></td> - </tr> - <tr> - <td class="i0">Stiff <i>v.</i> Cassell</td> - <td>1856</td> - <td>2 Jur. (N. S.), 348</td> - <td><a href="#Page_228">228</a></td> - </tr> - <tr> - <td class="i0">Stockdale <i>v.</i> Onwhyn</td> - <td>1826</td> - <td>5 B. and C., 173</td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Storace <i>v.</i> Longman</td> - <td>1788</td> - <td>2 Camp., 262</td> - <td><a href="#Page_11">11</a>, <a href="#Page_75">75</a></td> - </tr> - <tr> - <td class="i0">Strahan <i>v.</i> Graham</td> - <td>1867</td> - <td>16 L. T. (N. S.), 87</td> - <td><a href="#Page_79">79</a>, <a href="#Page_118">118</a></td> - </tr> - <tr> - <td class="i0">Strong <i>v.</i> Worskett</td> - <td>1896</td> - <td>12 T. L. R., 532</td> - <td><big><a href="#Page_35">35</a></big></td> - </tr> - <tr> - <td class="i0">Stubbs <i>v.</i> Howard</td> - <td>1895</td> - <td>11 T. L. R., 507</td> - <td><big><a href="#Page_68">68</a></big></td> - </tr> - <tr> - <td class="i0">Sweet <i>v.</i> Benning</td> - <td>1855</td> - <td>16 C. B., 459</td> - <td><a href="#Page_12">12</a>, <a href="#Page_28">28</a>, <big><a href="#Page_69">69</a></big>, <a href="#Page_73">73</a>, <a href="#Page_93">93</a>, <a href="#Page_97">97</a>, <big><a href="#Page_111">111</a></big></td> - </tr> - <tr> - <td class="i0">Sweet <i>v.</i> Cater</td> - <td>1841</td> - <td>11 Sim., 572</td> - <td><a href="#Page_79">79</a>, <a href="#Page_80">80</a>, <a href="#Page_82">82</a>, <a href="#Page_83">83</a></td> - </tr> - <tr> - <td class="i0">Sweet <i>v.</i> Lee</td> - <td>1841</td> - <td>3 Man. and G., 452</td> - <td><a href="#Page_230">230</a></td> - </tr> - <tr> - <td class="i0">Sweet <i>v.</i> Maughan</td> - <td>1840</td> - <td>11 Sim., 51</td> - <td><big><a href="#Page_28">28</a></big>, <a href="#Page_86">86</a>, <a href="#Page_94">94</a></td> - </tr> - <tr> - <td class="i0">Sweet <i>v.</i> Shaw</td> - <td>1839</td> - <td>3 Jur., 217</td> - <td><big><a href="#Page_28">28</a></big>, <big><a href="#Page_76">76</a></big>, <a href="#Page_79">79</a>, <a href="#Page_111">111</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Talbot</span> <i>v.</i> Judges</td> - <td>1887</td> - <td>3 T. L. R., 398</td> - <td><a href="#Page_48">48</a>, <big><a href="#Page_208">208</a></big></td> - </tr> - <tr> - <td class="i0">Taylor <i>v.</i> Bayne</td> - <td>1776</td> - <td>Mor. Dic., 8308</td> - <td><a href="#Page_16">16</a></td> - </tr> - <tr> - <td class="i0">Taylor <i>v.</i> Neville</td> - <td>1878</td> - <td>26 W. R., 299</td> - <td><a href="#Page_80">80</a>, <a href="#Page_82">82</a></td> - </tr> - <tr> - <td class="i0">Taylor <i>v.</i> Pillow</td> - <td>1869</td> - <td>L. R., 7 Eq., 418</td> - <td><a href="#Page_79">79</a></td> - </tr> - <tr> - <td class="i0">Thomas <i>v.</i> Turner</td> - <td>1886</td> - <td>33 Ch. D., 292</td> - <td><a href="#Page_27">27</a>, <a href="#Page_51">51</a></td> - </tr> - <tr> - <td class="i0">Thombleson <i>v.</i> Black</td> - <td>1837</td> - <td>1 Jur., 198</td> - <td><a href="#Page_79">79</a>, <a href="#Page_228">228</a></td> - </tr> - <tr> - <td class="i0">Thompson <i>v.</i> Stanhope</td> - <td>1774</td> - <td>Amb., 737</td> - <td><a href="#Page_225">225</a>, <a href="#Page_226">226</a></td> - </tr> - <tr> - <td class="i0">Thompson <i>v.</i> Symonds</td> - <td>1792</td> - <td>5 T. R., 41</td> - <td><a href="#Page_151">151</a>, <a href="#Page_152">152</a>, <a href="#Page_154">154</a></td> - </tr> - <tr> - <td class="i0">Tinsley <i>v.</i> Lacey</td> - <td>1863</td> - <td>1 H. and M., 747</td> - <td><a href="#Page_88">88</a>, <a href="#Page_98">98</a>, <a href="#Page_114">114</a>, <a href="#Page_116">116</a>, <a href="#Page_120">120</a>, <a href="#Page_123">123</a></td> - </tr> - <tr> - <td class="i0">Tipping <i>v.</i> Clarke</td> - <td>1843</td> - <td>2 Hare, 383</td> - <td><big><a href="#Page_218">218</a></big></td> - </tr> - <tr> - <td class="i0">Tonson <i>v.</i> Collins</td> - <td>1760</td> - <td>1 W. Bl., 301</td> - <td><a href="#Page_6">6</a>, <a href="#Page_206">206</a></td> - </tr> - <tr> - <td class="i0">Tonson <i>v.</i> Walker</td> - <td>1752</td> - <td>3 Swanst., 672</td> - <td><a href="#Page_6">6</a>, <a href="#Page_12">12</a>, <a href="#Page_26">26</a>, <a href="#Page_115">115</a>, <a href="#Page_221">221</a></td> - </tr> - <tr> - <td class="i0">Toole <i>v.</i> Young</td> - <td>1874</td> - <td>L. R., 9 Q. B., 523</td> - <td><a href="#Page_114">114</a>, <a href="#Page_120">120</a>, <a href="#Page_122">122</a>, <a href="#Page_123">123</a>, <big><a href="#Page_126">126</a></big></td> - </tr> - <tr> - <td class="i0">Trade Auxiliary <i>v.</i> Jackson</td> - <td>1887</td> - <td>4 T. L. R., 130</td> - <td><a href="#Page_71">71</a></td> - </tr> - <tr> - <td class="i0">Trade Auxiliary <i>v.</i> Middlesboroug</td> - <td>1889</td> - <td>40 Ch. D., 425</td> - <td><a href="#Page_11">11</a>, <big><a href="#Page_21">21</a></big>, <big><a href="#Page_48">48</a></big>, <a href="#Page_52">52</a>, <a href="#Page_67">67</a>, <big><a href="#Page_69">69</a></big>, <a href="#Page_71">71</a>, <a href="#Page_72">72</a>, <a href="#Page_80">80</a>, <a href="#Page_82">82</a>, <a href="#Page_89">89</a>, <a href="#Page_99">99</a>, <a href="#Page_100">100</a></td> - </tr> - <tr> - <td class="i0">Tree <i>v.</i> Bowkett</td> - <td>1895</td> - <td>74 L. T. (N. S.),77</td> - <td><a href="#Page_26">26</a>, <a href="#Page_64">64</a>, <a href="#Page_78">78</a>, <a href="#Page_80">80</a>, <a href="#Page_82">82</a> <span class="pagenum" id="Page_xxx">[xxx]</span></td> - </tr> - <tr> - <td class="i0">Troitzsch <i>v.</i> Rees</td> - <td>1887</td> - <td>3 T. L. R., 773</td> - <td><a href="#Page_176">176</a></td> - </tr> - <tr> - <td class="i0">Trusler <i>v.</i> Murray</td> - <td>1789</td> - <td>1 East, 363 <i>n</i></td> - <td></td> - </tr> - <tr> - <td class="i0">Tuck <i>v.</i> Canton</td> - <td>1882</td> - <td>51 L. j. Q. B., 363</td> - <td><a href="#Page_82">82</a>, <a href="#Page_177">177</a></td> - </tr> - <tr> - <td class="i0">Tuck <i>v.</i> Continental</td> - <td>1887</td> - <td>3 T. L. R., 826</td> - <td><a href="#Page_172">172</a></td> - </tr> - <tr> - <td class="i0">Tuck <i>v.</i> Priester</td> - <td>1887</td> - <td>19 Q. B. D., 629</td> - <td><a href="#Page_172">172</a>, <a href="#Page_179">179</a>, <a href="#Page_180">180</a>, <a href="#Page_220">220</a></td> - </tr> - <tr> - <td class="i0">Turner <i>v.</i> Robinson</td> - <td>1860</td> - <td>10 Ir. Ch. R., 510</td> - <td><a href="#Page_37">37</a>, <a href="#Page_39">39</a>, <a href="#Page_162">162</a>, <a href="#Page_169">169</a>, <a href="#Page_172">172</a>, <a href="#Page_184">184</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1860</td> - <td>10 Ir. Ch. R., 121</td> - <td><a href="#Page_162">162</a>, <a href="#Page_169">169</a>, <a href="#Page_172">172</a>, <a href="#Page_184">184</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Walcot</span> <i>v.</i> Walker</td> - <td>1802</td> - <td>7 Ves., 1</td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Walford <i>v.</i> Johnston</td> - <td>1846</td> - <td>20 D., 1160</td> - <td><a href="#Page_20">20</a></td> - </tr> - <tr> - <td class="i0">Walker, <i>ex parte</i></td> - <td>1869</td> - <td>See Graves</td> - <td></td> - </tr> - <tr> - <td class="i0">Wall <i>v.</i> Taylor</td> - <td>1883</td> - <td>11 Q. B. D., 102</td> - <td><a href="#Page_95">95</a>, <big><a href="#Page_124">124</a></big>, <a href="#Page_131">131</a>, <a href="#Page_136">136</a>, <a href="#Page_143">143</a></td> - </tr> - <tr> - <td class="i0">Wallerstein <i>v.</i> Herbert</td> - <td>1867</td> - <td>16 L. T., 453</td> - <td><a href="#Page_63">63</a></td> - </tr> - <tr> - <td class="i0">Walter <i>v.</i> Emmott</td> - <td>1885</td> - <td>54 L. J. Ch., 1059</td> - <td><a href="#Page_207">207</a>, <big><a href="#Page_212">212</a></big></td> - </tr> - <tr> - <td class="i0">Walter <i>v.</i> Howe</td> - <td>1881</td> - <td>17 Ch. D., 708</td> - <td><a href="#Page_11">11</a>, <a href="#Page_48">48</a>, <big><a href="#Page_70">70</a></big></td> - </tr> - <tr> - <td class="i0">Walter <i>v.</i> Lane</td> - <td>—</td> - <td>[1900], A. C, 539</td> - <td><a href="#Page_13">13</a>, <a href="#Page_15">15</a>, <big><a href="#Page_29">29</a></big>, <a href="#Page_30">30</a>, <a href="#Page_31">31</a>, <a href="#Page_37">37</a>, <a href="#Page_62">62</a>, <big><a href="#Page_65">65</a></big>, <a href="#Page_109">109</a>, <a href="#Page_139">139</a>, <a href="#Page_238">238</a></td> - </tr> - <tr> - <td class="i0">Walter <i>v.</i> Steinkopff</td> - <td>—</td> - <td>[1892], 3 Ch., 489</td> - <td><a href="#Page_95">95</a>, <big><a href="#Page_103">103</a></big></td> - </tr> - <tr> - <td class="i0">Walthoe <i>v.</i> Walker</td> - <td>1736</td> - <td>4 Burr., 2326</td> - <td><a href="#Page_6">6</a></td> - </tr> - <tr> - <td class="i0">Ward <i>v.</i> Beeton</td> - <td>1874</td> - <td>L. R., 19 Eq., 207</td> - <td><a href="#Page_46">46</a>, <a href="#Page_207">207</a>, <a href="#Page_213">213</a>, <a href="#Page_229">229</a></td> - </tr> - <tr> - <td class="i0">Warne <i>v.</i> Lawrence</td> - <td>1886</td> - <td>34 W. R., 452</td> - <td><a href="#Page_47">47</a></td> - </tr> - <tr> - <td class="i0">Warne <i>v.</i> Routledge</td> - <td>1874</td> - <td>L. R., 18 Eq., 497</td> - <td><a href="#Page_83">83</a>, <a href="#Page_228">228</a></td> - </tr> - <tr> - <td class="i0">Warne <i>v.</i> Seebohm</td> - <td>1888</td> - <td>39 Ch. D., 73</td> - <td><a href="#Page_90">90</a>, <a href="#Page_97">97</a>, <a href="#Page_113">113</a>, <big><a href="#Page_114">114</a></big>, <a href="#Page_120">120</a>, <a href="#Page_123">123</a></td> - </tr> - <tr> - <td class="i0">Webb <i>v.</i> Rose</td> - <td>1732</td> - <td>Amb., 694</td> - <td><big><a href="#Page_23">23</a></big>, <a href="#Page_220">220</a></td> - </tr> - <tr> - <td class="i0">Weekes <i>v.</i> Williamson</td> - <td>1886</td> - <td>12 Vict. L. R., 483</td> - <td><a href="#Page_104">104</a></td> - </tr> - <tr> - <td class="i0">Weldon <i>v.</i> Dicks</td> - <td>1878</td> - <td>10 Ch. D., 247</td> - <td><a href="#Page_52">52</a>, <a href="#Page_53">53</a>, <a href="#Page_92">92</a>, <a href="#Page_119">119</a>, <a href="#Page_207">207</a></td> - </tr> - <tr> - <td class="i0">West <i>v.</i> Francis</td> - <td>1822</td> - <td>5 B. and A., 737</td> - <td><a href="#Page_152">152</a>, <a href="#Page_156">156</a>, <a href="#Page_157">157</a>, <a href="#Page_172">172</a>, <a href="#Page_183">183</a>, <a href="#Page_184">184</a></td> - </tr> - <tr> - <td class="i0">White <i>v.</i> Geroch</td> - <td>1819</td> - <td>2 B. and A., 298</td> - <td><a href="#Page_11">11</a>, <a href="#Page_12">12</a>, <a href="#Page_36">36</a>, <a href="#Page_38">38</a>, <a href="#Page_97">97</a></td> - </tr> - <tr> - <td class="i0">Whittingham <i>v.</i> Wooler</td> - <td>1817</td> - <td>2 Swanst., 428</td> - <td><a href="#Page_112">112</a></td> - </tr> - <tr> - <td class="i0">Whitwood <i>v.</i> Hardman</td> - <td>—</td> - <td>[1891], 2 Ch., 416</td> - <td><a href="#Page_227">227</a></td> - </tr> - <tr> - <td class="i0">Wilkins <i>v.</i> Aikin</td> - <td>1810</td> - <td>17 Ves., 422</td> - <td><a href="#Page_104">104</a>, <a href="#Page_105">105</a>, <a href="#Page_109">109</a>, <a href="#Page_112">112</a></td> - </tr> - <tr> - <td class="i0">Willis <i>v.</i> Curtois</td> - <td>1838</td> - <td>1 Beav., 189</td> - <td><a href="#Page_83">83</a></td> - </tr> - <tr> - <td class="i0">Wilson <i>v.</i> Lake</td> - <td>1895</td> - <td>1 Vict., L. R.,Eq., 127</td> - <td><a href="#Page_104">104</a></td> - </tr> - <tr> - <td class="i0">Wood <i>v.</i> Boosey</td> - <td>1868</td> - <td>L. R., 3 Q. B., 223</td> - <td><a href="#Page_113">113</a>, <a href="#Page_134">134</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1867</td> - <td> L. R., 2 Q. B., 340</td> - <td><a href="#Page_26">26</a>, <a href="#Page_51">51</a>, <a href="#Page_78">78</a>, <a href="#Page_130">130</a></td> - </tr> - <tr> - <td class="i0">Wood <i>v.</i> Chart</td> - <td>1870</td> - <td>L. R., 10 Eq., 193</td> - <td><a href="#Page_203">203</a>, <a href="#Page_204">204</a></td> - </tr> - <tr> - <td class="i0">Wooderson <i>v.</i> Tuck</td> - <td>1887</td> - <td>4 T. L. R., 57</td> - <td><a href="#Page_174">174</a>, <a href="#Page_175">175</a></td> - </tr> - <tr> - <td class="i0">Wright <i>v.</i> Goodlake</td> - <td>1865</td> - <td>3 H. and C, 540</td> - <td><a href="#Page_94">94</a></td> - </tr> - <tr> - <td class="i0">Wright <i>v.</i> Tallis</td> - <td>1845</td> - <td>1 C. B., 893</td> - <td><a href="#Page_46">46</a></td> - </tr> - <tr> - <td class="i0">Wyatt <i>v.</i> Barnard</td> - <td>1814</td> - <td>3 V. and B., 77</td> - <td><a href="#Page_15">15</a>, <big><a href="#Page_21">21</a></big>, <a href="#Page_25">25</a>, <a href="#Page_102">102</a>, <a href="#Page_117">117</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Young</span> Duchess, <i>in re</i></td> - <td>1891</td> - <td>8 T. L. R., 41</td> - <td><a href="#Page_54">54</a></td> - </tr> -</table> - -<hr class="chap" /> - -<p><span class="pagenum" id="Page_xxxi">[xxxi]</span></p> - -<h3>CASES DECIDED IN THE UNITED STATES</h3> - -<table class="cases" summary="CASES DECIDED IN THE UNITED STATES"> - <tr> - <td class="i0"><span class="smcap">Amberg</span> File <i>v.</i> Shea</td> - <td>1897</td> - <td>53 U. S. App., 449</td> - <td><big><a href="#Page_242">242</a></big></td> - </tr> - <tr> - <td class="i0">American Trotting <i>v.</i> Gocher</td> - <td>1895</td> - <td>70 Fed. Rep., 237</td> - <td><a href="#Page_239">239</a>, <a href="#Page_267">267</a></td> - </tr> - <tr> - <td class="i0">Aronson <i>v.</i> Fleckenstein</td> - <td>1886</td> - <td>28 Fed. Rep., 75</td> - <td><a href="#Page_240">240</a>, <a href="#Page_241">241</a>, <a href="#Page_263">263</a>, <a href="#Page_270">270</a>, <a href="#Page_275">275</a>, <a href="#Page_297">297</a></td> - </tr> - <tr> - <td class="i0">Atwill <i>v.</i> Ferrett</td> - <td>1846</td> - <td>2 Blatchf., 39</td> - <td><a href="#Page_270">270</a>, <a href="#Page_271">271</a>, <a href="#Page_290">290</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Backers</span> <i>v.</i> Gould</td> - <td>1849</td> - <td>7 How., 798</td> - <td><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0">Baker <i>v.</i> Selden</td> - <td>1879</td> - <td>101 U. S. Rep., 99</td> - <td><a href="#Page_237">237</a>, <a href="#Page_238">238</a>, <a href="#Page_239">239</a>, <big><a href="#Page_242">242</a></big></td> - </tr> - <tr> - <td class="i0">Baker <i>v.</i> Taylor</td> - <td>1848</td> - <td>2 Blatchf., 82</td> - <td><a href="#Page_251">251</a>, <big><a href="#Page_257">257</a></big>, <a href="#Page_261">261</a>, <a href="#Page_262">262</a></td> - </tr> - <tr> - <td class="i0">Banks <i>v.</i> M'Divitt</td> - <td>1875</td> - <td>13 Blatchf., 163</td> - <td><a href="#Page_241">241</a>, <big><a href="#Page_258">258</a></big>, <a href="#Page_278">278</a>, <a href="#Page_281">281</a>, <a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Banks <i>v.</i> Manchester</td> - <td>1888</td> - <td>128 U. S. Rep., 244</td> - <td><a href="#Page_241">241</a>, <a href="#Page_251">251</a>, <a href="#Page_272">272</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Bartlett <i>v.</i> Crittenden</td> - <td>1847</td> - <td>4 M'Lean, 301</td> - <td> <a href="#Page_262">262</a>, <a href="#Page_263">263</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Belford <i>v.</i> Scribner</td> - <td>1892</td> - <td>144 U. S. Rep., 488</td> - <td><a href="#Page_253">253</a>, <a href="#Page_289">289</a>, <a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0">Bennett <i>v.</i> Boston</td> - <td>1900</td> - <td>101 Fed Rep., 445</td> - <td><a href="#Page_288">288</a></td> - </tr> - <tr> - <td class="i0">Bennett <i>v.</i> <i>Carr</i></td> - <td>1899</td> - <td>96 Fed. Rep., 213</td> - <td><a href="#Page_253">253</a></td> - </tr> - <tr> - <td class="i0">Binns <i>v.</i> Woodruff</td> - <td>1821</td> - <td>4 Wash. C. Ct., 48</td> - <td><a href="#Page_245">245</a></td> - </tr> - <tr> - <td class="i0">Black <i>v.</i> Allen</td> - <td>1890</td> - <td>42 Fed. Rep., 618</td> - <td><a href="#Page_260">260</a>, <a href="#Page_262">262</a>, <a href="#Page_273">273</a>, <a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1893</td> - <td>56 Fed. Rep., 764</td> - <td><a href="#Page_241">241</a>, <a href="#Page_244">244</a>, <big><a href="#Page_252">252</a></big>, <a href="#Page_253">253</a>, <a href="#Page_270">270</a>, <a href="#Page_271">271</a>, <a href="#Page_274">274</a>, <a href="#Page_292">292</a></td> - </tr> - <tr> - <td class="i0">Black <i>v.</i> Ehrich</td> - <td>1891</td> - <td>44 Fed. Rep., 793</td> - <td><a href="#Page_298">298</a></td> - </tr> - <tr> - <td class="i0">Bleistein <i>v.</i> Donaldson</td> - <td>1899</td> - <td>98 Fed. Rep., 608</td> - <td><a href="#Page_246">246</a></td> - </tr> - <tr> - <td class="i0">Blume <i>v.</i> Spear</td> - <td> 1887</td> - <td>30 Fed. Rep., 629</td> - <td><a href="#Page_253">253</a>, <a href="#Page_281">281</a></td> - </tr> - <tr> - <td class="i0">Blunt <i>v.</i> Patten</td> - <td>1828</td> - <td>2 Paine, 397</td> - <td><a href="#Page_262">262</a>, <a href="#Page_278">278</a></td> - </tr> - <tr> - <td class="i0">Bolles <i>v.</i> Outing</td> - <td>1899</td> - <td>175 U. S. Rep., 262</td> - <td><a href="#Page_245">245</a>, <big><a href="#Page_256">256</a></big>, <a href="#Page_257">257</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>—</td> - <td>77 Fed. Rep., 966</td> - <td><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0">Boucicault <i>v.</i> Fox</td> - <td>1862</td> - <td>5 Blatchf., 87</td> - <td><a href="#Page_241">241</a>, <a href="#Page_263">263</a>, <a href="#Page_271">271</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Boucicault <i>v.</i> Hart</td> - <td>1875</td> - <td>13 Blatchf., 47</td> - <td><a href="#Page_251">251</a>, <a href="#Page_260">260</a>, <a href="#Page_263">263</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Boucicault <i>v.</i> Wood</td> - <td>1867</td> - <td>2 Biss., 34</td> - <td> <a href="#Page_249">249</a>, <a href="#Page_260">260</a>, <a href="#Page_264">264</a>, <a href="#Page_293">293</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Brady <i>v.</i> Daly</td> - <td> 1899</td> - <td>175 U. S. Rep., 148</td> - <td><a href="#Page_287">287</a>, <a href="#Page_292">292</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1897</td> - <td>83 Fed. Rep., 1007</td> - <td><a href="#Page_277">277</a>, <a href="#Page_280">280</a></td> - </tr> - <tr> - <td class="i0">Brightley <i>v.</i> Littleton</td> - <td>1888</td> - <td>37 Fed. Rep., 103</td> - <td><a href="#Page_236">236</a>, <big><a href="#Page_237">237</a></big>, <a href="#Page_239">239</a>, <a href="#Page_241">241</a>, <a href="#Page_242">242</a>, <a href="#Page_243">243</a>, <a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i0">Broder <i>v.</i> Zeno</td> - <td> 1898</td> - <td>88 Fed. Rep., 74</td> - <td><a href="#Page_266">266</a>, <a href="#Page_281">281</a></td> - </tr> - <tr> - <td class="i0">Bullinger <i>v.</i> MacKay</td> - <td>1879</td> - <td>15 Blatchf., 550</td> - <td><a href="#Page_236">236</a>, <a href="#Page_239">239</a>, <a href="#Page_243">243</a>, <a href="#Page_270">270</a>, <a href="#Page_278">278</a>, <a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i0">Burnell <i>v.</i> Chown</td> - <td>1895</td> - <td>69 Fed. Rep., 993</td> - <td><a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Burrow-Giles <i>v.</i> Sarony</td> - <td>1884</td> - <td>111 U. S. Rep., 53</td> - <td><a href="#Page_245">245</a>, <a href="#Page_256">256</a>, <a href="#Page_270">270</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Callaghan</span> <i>v.</i> Myers</td> - <td>1888</td> - <td>128 U. S. Rep., 617</td> - <td><a href="#Page_240">240</a>, <a href="#Page_251">251</a>, <a href="#Page_253">253</a>, <big><a href="#Page_257">257</a></big>, <a href="#Page_267">267</a>, <a href="#Page_273">273</a>, <a href="#Page_289">289</a> <span class="pagenum" id="Page_xxxii">[xxxii]</span></td> - </tr> - <tr> - <td class="i0">Carlisle <i>v.</i> Colusa County</td> - <td>1893</td> - <td>57 Fed. Rep., 979</td> - <td><a href="#Page_239">239</a></td> - </tr> - <tr> - <td class="i0">Carte <i>v.</i> Bailey</td> - <td>1874</td> - <td>64 Maine, 458</td> - <td><a href="#Page_270">270</a>, <a href="#Page_273">273</a>, <a href="#Page_274">274</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Carte <i>v.</i> Duff</td> - <td>1885</td> - <td>25 Fed. Rep., 183</td> - <td><a href="#Page_279">279</a>, <a href="#Page_287">287</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Carte <i>v.</i> Evans</td> - <td>1886</td> - <td>27 Fed. Rep., 861</td> - <td><big><a href="#Page_241">241</a></big>, <a href="#Page_251">251</a>, <big><a href="#Page_252">252</a></big>, <a href="#Page_273">273</a>, <a href="#Page_274">274</a></td> - </tr> - <tr> - <td class="i0">Carte <i>v.</i> Ford</td> - <td>1883</td> - <td>15 Fed. Rep., 439</td> - <td><a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Chapman <i>v.</i> Ferry</td> - <td>1883</td> - <td>18 Fed. Rep., 539</td> - <td><a href="#Page_251">251</a>, <a href="#Page_253">253</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1882</td> - <td>12 Fed. Rep., 693</td> - <td><a href="#Page_289">289</a>, <a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0">Chase <i>v.</i> Sanborne</td> - <td>1874</td> - <td>4 Cliff., 306</td> - <td><a href="#Page_241">241</a>, <a href="#Page_251">251</a></td> - </tr> - <tr> - <td class="i0">Chicago Music <i>v.</i> Butler</td> - <td>1884</td> - <td>19 Fed. Rep., 758</td> - <td><a href="#Page_251">251</a></td> - </tr> - <tr> - <td class="i0">Child <i>v. New York Times</i></td> - <td>1901</td> - <td>110 Fed. Rep., 527</td> - <td><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0">Chils <i>v.</i> Gronland</td> - <td>1890</td> - <td>41 Fed. Rep., 145</td> - <td><a href="#Page_239">239</a>, <a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Clayton <i>v.</i> Stone</td> - <td>1828</td> - <td>2 Paine, 382</td> - <td><a href="#Page_236">236</a>, <big><a href="#Page_237">237</a></big>, <a href="#Page_239">239</a>, <a href="#Page_242">242</a></td> - </tr> - <tr> - <td class="i0">Clemens <i>v.</i> Belford</td> - <td>1883</td> - <td>14 Fed. Rep., 728</td> - <td><a href="#Page_297">297</a></td> - </tr> - <tr> - <td class="i0">Coffeen <i>v.</i> Brunton</td> - <td>1849</td> - <td>4 M'Lean, 516</td> - <td><a href="#Page_243">243</a>, <big><a href="#Page_246">246</a></big></td> - </tr> - <tr> - <td class="i0">Collender <i>v.</i> Griffith</td> - <td>1878</td> - <td>11 Blatchf., 212</td> - <td><a href="#Page_246">246</a></td> - </tr> - <tr> - <td class="i0">Colliery Engineer Co. <i>v.</i> United Correspondence Schools</td> - <td>1899</td> - <td>94 Fed. Rep., 152</td> - <td><a href="#Page_271">271</a>, <big><a href="#Page_291">291</a></big></td> - </tr> - <tr> - <td class="i0">Connecticut <i>v.</i> Gould</td> - <td>1888</td> - <td>34 Fed. Rep., 319</td> - <td><a href="#Page_240">240</a></td> - </tr> - <tr> - <td class="i0">Corbett <i>v.</i> Purday</td> - <td>1897</td> - <td>80 Fed. Rep., 901</td> - <td><a href="#Page_244">244</a></td> - </tr> - <tr> - <td class="i0">Courier <i>v.</i> Donaldson</td> - <td>1900</td> - <td>104 Fed. Rep., 993</td> - <td><a href="#Page_246">246</a></td> - </tr> - <tr> - <td class="i0">Cowen <i>v.</i> Banks</td> - <td>1862</td> - <td>24 How. Pr., 72</td> - <td><a href="#Page_240">240</a>, <a href="#Page_267">267</a></td> - </tr> - <tr> - <td class="i0">Crowe <i>v.</i> Aiken</td> - <td>1870</td> - <td>2 Biss., 208</td> - <td><a href="#Page_263">263</a>, <a href="#Page_264">264</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Daly</span> <i>v.</i> Brady</td> - <td>1889</td> - <td>39 Fed. Rep., 265</td> - <td><big><a href="#Page_252">252</a></big>, <a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1895</td> - <td>69 Fed. Rep., 285</td> - <td><a href="#Page_292">292</a></td> - </tr> - <tr> - <td class="i0">Daly <i>v.</i> Palmer</td> - <td>1868</td> - <td>6 Blatchf., 256</td> - <td><a href="#Page_281">281</a>, <a href="#Page_286">286</a>, <a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0">Daly <i>v.</i> Walrath</td> - <td>1899</td> - <td>40 App. Div. N. Y., 220</td> - <td><a href="#Page_264">264</a>, <a href="#Page_296">296</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Daly <i>v.</i> Webster</td> - <td>1892</td> - <td>1 U. S. App., 573</td> - <td><a href="#Page_240">240</a>, <big><a href="#Page_252">252</a></big>, <a href="#Page_281">281</a>, <a href="#Page_287">287</a></td> - </tr> - <tr> - <td class="i0">Davidson <i>v.</i> Wheelock</td> - <td>1886</td> - <td>27 Fed. Rep., 61</td> - <td><a href="#Page_241">241</a></td> - </tr> - <tr> - <td class="i0">Davies <i>v.</i> Vories</td> - <td>—</td> - <td>42 S. W., 707</td> - <td><a href="#Page_274">274</a></td> - </tr> - <tr> - <td class="i0">Dewight <i>v.</i> Appleton</td> - <td>1842</td> - <td>1 N. Y. Leg. Obs., 195</td> - <td><a href="#Page_259">259</a></td> - </tr> - <tr> - <td class="i0">Dielman <i>v.</i> White</td> - <td>1900</td> - <td>102 Fed. Rep., 892</td> - <td><a href="#Page_271">271</a></td> - </tr> - <tr> - <td class="i0">Doan <i>v.</i> American Book Co.</td> - <td>1901</td> - <td>105 Fed. Rep., 772</td> - <td><a href="#Page_298">298</a></td> - </tr> - <tr> - <td class="i0">Dodd <i>v.</i> Smith</td> - <td>1891</td> - <td>144 Pa., 340</td> - <td><a href="#Page_298">298</a></td> - </tr> - <tr> - <td class="i0">D'Ole <i>v.</i> Kansas City Star Co.</td> - <td>1899</td> - <td>94 Fed. Rep., 840</td> - <td><a href="#Page_262">262</a></td> - </tr> - <tr> - <td class="i0">Donnelley <i>v.</i> Ivers</td> - <td>1882</td> - <td>20 Blatchf., 381</td> - <td><big><a href="#Page_252">252</a></big></td> - </tr> - <tr> - <td class="i0">Drummond <i>v.</i> Altemus</td> - <td>1894</td> - <td>60 Fed. Rep., 338</td> - <td><a href="#Page_297">297</a>, <a href="#Page_298">298</a></td> - </tr> - <tr> - <td class="i0">Drury <i>v.</i> Ewing</td> - <td>1862</td> - <td>1 Bond., 541</td> - <td><big><a href="#Page_242">242</a></big>, <a href="#Page_283">283</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Egbert</span> <i>v.</i> Greenberg</td> - <td>1900</td> - <td>100 Fed. Rep., 447</td> - <td><a href="#Page_239">239</a>, <a href="#Page_267">267</a></td> - </tr> - <tr> - <td class="i0">Ehret <i>v.</i> Pierce</td> - <td>1880</td> - <td>18 Blatchf., 302</td> - <td><a href="#Page_245">245</a>, <a href="#Page_246">246</a>, <a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Elizabeth <i>v.</i> Pavement Co.</td> - <td>1877</td> - <td>97 U. S. Rep., 126</td> - <td><a href="#Page_289">289</a></td> - </tr> - <tr> - <td class="i0">Emerson <i>v.</i> Davis</td> - <td>1845</td> - <td>3 Story, 768</td> - <td><a href="#Page_241">241</a>, <a href="#Page_243">243</a>, <a href="#Page_278">278</a>, <a href="#Page_279">279</a>, <a href="#Page_281">281</a></td> - </tr> - <tr> - <td class="i0">Estes <i>v.</i> Leslie</td> - <td>1886</td> - <td>27 Fed. Rep., 22</td> - <td><a href="#Page_297">297</a></td> - </tr> - <tr> - <td class="i0">Estes <i>v.</i> Williams</td> - <td>1884</td> - <td>21 Fed. Rep., 189</td> - <td><a href="#Page_296">296</a>, <a href="#Page_297">297</a></td> - </tr> - <tr> - <td class="i0">Ewer <i>v.</i> Coxe</td> - <td>1824</td> - <td>4 Wash. C. C., 487</td> - <td><a href="#Page_251">251</a>, <a href="#Page_296">296</a><span class="pagenum" id="Page_xxxiii">[xxxiii]</span></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Falk</span> <i>v.</i> Brett</td> - <td>1891</td> - <td>48 Fed. Rep., 678</td> - <td><a href="#Page_245">245</a></td> - </tr> - <tr> - <td class="i0">Falk <i>v.</i> Curtis</td> - <td>1901</td> - <td>107 Fed. Rep., 126</td> - <td><a href="#Page_290">290</a>, <a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1900</td> - <td>100 Fed. Rep., 77</td> - <td><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1900</td> - <td>98 Fed. Rep., 989</td> - <td><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0">Falk <i>v.</i> Donaldson</td> - <td>1893</td> - <td>57 Fed. Rep., 32</td> - <td><a href="#Page_245">245</a>, <a href="#Page_253">253</a>, <a href="#Page_276">276</a>, <a href="#Page_280">280</a>, <a href="#Page_281">281</a>, <a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i0">Falk <i>v.</i> Gast</td> - <td>1893</td> - <td>54 Fed. Rep., 890</td> - <td><a href="#Page_259">259</a>, <a href="#Page_262">262</a>, <a href="#Page_289">289</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1891</td> - <td>48 Fed. Rep., 262</td> - <td><a href="#Page_245">245</a>, <a href="#Page_251">251</a>, <a href="#Page_259">259</a></td> - </tr> - <tr> - <td class="i0">Falk <i>v.</i> Heffron</td> - <td>1893</td> - <td>56 Fed. Rep., 299</td> - <td><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0">Falk <i>v.</i> Howell</td> - <td>1888</td> - <td>37 Fed. Rep., 202</td> - <td><a href="#Page_276">276</a>, <a href="#Page_281">281</a>, <a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i0">Falk <i>v.</i> Schumacher</td> - <td>1891</td> - <td>48 Fed. Rep., 222</td> - <td><a href="#Page_255">255</a>, <a href="#Page_293">293</a></td> - </tr> - <tr> - <td class="i0">Farmer <i>v.</i> Culvert</td> - <td>1872</td> - <td>5 Am. L. T. R., 168</td> - <td><a href="#Page_280">280</a>, <a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Farmer <i>v.</i> Elstner</td> - <td>1888</td> - <td>33 Fed. Rep., 494</td> - <td><a href="#Page_279">279</a>, <a href="#Page_289">289</a></td> - </tr> - <tr> - <td class="i0">Fishel <i>v.</i> Lueckel</td> - <td>1892</td> - <td>53 Fed. Rep., 499</td> - <td><a href="#Page_276">276</a>, <a href="#Page_277">277</a>, <a href="#Page_280">280</a>, <a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0">Folsom <i>v.</i> Marsh</td> - <td>1841</td> - <td>2 Story, 100</td> - <td><big><a href="#Page_243">243</a></big>, <a href="#Page_277">277</a>, <a href="#Page_279">279</a>, <a href="#Page_280">280</a>, <a href="#Page_284">284</a></td> - </tr> - <tr> - <td class="i0">French <i>v.</i> Kreling</td> - <td>1894</td> - <td>63 Fed. Rep., 621</td> - <td><a href="#Page_262">262</a></td> - </tr> - <tr> - <td class="i0">French <i>v.</i> Maguire</td> - <td>1878</td> - <td>55 How. (N. Y.) Pr., 471</td> - <td><a href="#Page_263">263</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Gilmore</span> <i>v.</i> Anderson</td> - <td>1890</td> - <td>42 Fed. Rep., 267</td> - <td><a href="#Page_289">289</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1889</td> - <td>38 Fed. Rep., 846</td> - <td><a href="#Page_274">274</a>, <a href="#Page_278">278</a>, <a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i0">Goldmark <i>v.</i> Kreling</td> - <td>1888</td> - <td>35 Fed. Rep., 661</td> - <td><a href="#Page_281">281</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1885</td> - <td>25 Fed. Rep., 349</td> - <td><a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Gottsberger <i>v.</i> Aldine</td> - <td>1887</td> - <td>33 Fed. Rep., 381</td> - <td><a href="#Page_261">261</a></td> - </tr> - <tr> - <td class="i0">Gould <i>v.</i> Banks</td> - <td>1832</td> - <td>8 Wend., 562</td> - <td><a href="#Page_240">240</a>, <a href="#Page_274">274</a></td> - </tr> - <tr> - <td class="i0">Gray <i>v.</i> Russell</td> - <td>1839</td> - <td>1 Story, 11</td> - <td><a href="#Page_240">240</a>, <a href="#Page_241">241</a>, <a href="#Page_243">243</a>, <a href="#Page_270">270</a>, <a href="#Page_278">278</a>, <a href="#Page_279">279</a>, <a href="#Page_284">284</a></td> - </tr> - <tr> - <td class="i0">Greene <i>v.</i> Bishop</td> - <td>1858</td> - <td>1 Cliff., 186</td> - <td><a href="#Page_243">243</a>, <a href="#Page_269">269</a>, <a href="#Page_279">279</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Harper</span> <i>v.</i> Holman</td> - <td>1897</td> - <td>84 Fed. Rep., 224</td> - <td><a href="#Page_291">291</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Harper <i>v.</i> Shoppell</td> - <td>1886</td> - <td>23 Blatchf., 431</td> - <td><a href="#Page_276">276</a></td> - </tr> - <tr> - <td class="i0">Hefel <i>v.</i> Whitely</td> - <td>1893</td> - <td>54 Fed. Rep., 179</td> - <td><a href="#Page_256">256</a></td> - </tr> - <tr> - <td class="i0">Hegemen <i>v.</i> Springer</td> - <td>1901</td> - <td>110 Fed. Rep., 374</td> - <td><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0">Heine <i>v.</i> Appleton</td> - <td>1853</td> - <td>4 Blatchf. C. C., 12</td> - <td><a href="#Page_240">240</a>, <a href="#Page_269">269</a>, <a href="#Page_271">271</a>, <big><a href="#Page_272">272</a></big>, <a href="#Page_293">293</a></td> - </tr> - <tr> - <td class="i0">Henderson <i>v.</i> Tompkins</td> - <td>1894</td> - <td>60 Fed. Rep., 758</td> - <td><a href="#Page_240">240</a></td> - </tr> - <tr> - <td class="i0">Higgins <i>v.</i> Keuffel</td> - <td>1891</td> - <td>140 U. S. Rep., 428</td> - <td><a href="#Page_246">246</a></td> - </tr> - <tr> - <td class="i0">Hill <i>v.</i> Epley</td> - <td>1858</td> - <td>31 Penn., 331</td> - <td><a href="#Page_293">293</a> </td> - </tr> - <tr> - <td class="i0">Hoertel <i>v.</i> Raphael Tuck</td> - <td>1899</td> - <td>94 Fed. Rep., 844</td> - <td><a href="#Page_294">294</a></td> - </tr> - <tr> - <td class="i0">Holmes <i>v.</i> Donohue</td> - <td>1896</td> - <td>77 Fed. Rep., 179</td> - <td><a href="#Page_263">263</a></td> - </tr> - <tr> - <td class="i0">Holmes <i>v.</i> Hurst</td> - <td>1898</td> - <td>174 U. S. Rep., 82</td> - <td><a href="#Page_263">263</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Howell <i>v.</i> Miller</td> - <td>1898</td> - <td>91 Fed. Rep., 129</td> - <td><a href="#Page_241">241</a>, <a href="#Page_280">280</a>, <a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Hubbard <i>v.</i> Thompson</td> - <td>1882</td> - <td>14 Fed. Rep., 689</td> - <td><a href="#Page_291">291</a><br /> -</td> - </tr> - <tr> - <td class="i0"><i>Illustrated American</i> <i>v.</i> <i>New York Press</i></td> - <td>1892</td> - <td>Cited, U. S., 594</td> - <td><big><a href="#Page_256">256</a></big></td> - </tr> - <tr> - <td class="i0">Isaacs <i>v.</i> Daly</td> - <td>1875</td> - <td>39 N. Y., 511</td> - <td><a href="#Page_244">244</a>, <a href="#Page_245">245</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Jackson</span> <i>v.</i> Walkie</td> - <td>1886</td> - <td>29 Fed. Rep., 15</td> - <td><a href="#Page_255">255</a></td> - </tr> - <tr> - <td class="i0">Jewellers' Mercantile Agency <i>v.</i> Jewellers' Publishing Co.</td> - <td>1898</td> - <td>155 N. Y., 241</td> - <td><a href="#Page_251">251</a>, <big><a href="#Page_260">260</a></big>, <a href="#Page_261">261</a>, <a href="#Page_262">262</a>, <a href="#Page_263">263</a>, <a href="#Page_296">296</a><span class="pagenum" id="Page_xxxiv">[xxxiv]</span></td> - </tr> - <tr> - <td class="i0">Jewellers' Mercantile Agency <i>v.</i> Jewellers' Publishing Co.</td> - <td>1896</td> - <td>84 Hun., 12</td> - <td><a href="#Page_251">251</a>, <a href="#Page_260">260</a></td> - </tr> - <tr> - <td class="i0">Johnson <i>v.</i> Donaldson</td> - <td>1880</td> - <td>3 Fed. Rep., 22</td> - <td><a href="#Page_243">243</a>, <a href="#Page_278">278</a>, <a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0">Johnson <i>v.</i> Klopsch</td> - <td>1890</td> - <td>88 Fed. Rep., 692</td> - <td><a href="#Page_293">293</a></td> - </tr> - <tr> - <td class="i0">Jollie <i>v.</i> Jacques</td> - <td>1850</td> - <td>1 Blatchf., 618</td> - <td><a href="#Page_241">241</a>, <a href="#Page_244">244</a>, <a href="#Page_251">251</a>, <a href="#Page_281">281</a></td> - </tr> - <tr> - <td class="i0">Jones <i>v.</i> Thoms</td> - <td>1843</td> - <td>1 N. Y. Leg. Obs. 408</td> - <td><a href="#Page_299">299</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Keene</span> <i>v.</i> Clarke</td> - <td>1867</td> - <td>5 Rob. (NY.), 38</td> - <td><a href="#Page_263">263</a>, <a href="#Page_293">293</a></td> - </tr> - <tr> - <td class="i0">Keene <i>v.</i> Kimball</td> - <td>1860</td> - <td>16 Gray, 549</td> - <td><a href="#Page_263">263</a>, <a href="#Page_266">266</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Keene <i>v.</i> Wheatley</td> - <td>1860</td> - <td>4 Phil. (Pa.), 157</td> - <td><a href="#Page_262">262</a>, <a href="#Page_263">263</a>, <a href="#Page_274">274</a>, <a href="#Page_284">284</a></td> - </tr> - <tr> - <td class="i0">Kennedy <i>v.</i> McTammany</td> - <td>1888</td> - <td>33 Fed. Rep., 584</td> - <td><a href="#Page_276">276</a></td> - </tr> - <tr> - <td class="i0">Kiernan <i>v.</i> Manhattan</td> - <td>1876</td> - <td>50 How. Pr., 194</td> - <td><a href="#Page_262">262</a></td> - </tr> - <tr> - <td class="i0">Kipling <i>v.</i> Fenno</td> - <td>1900</td> - <td>106 Fed. Rep., 692</td> - <td><a href="#Page_298">298</a></td> - </tr> - <tr> - <td class="i0">Koppel <i>v.</i> Downing</td> - <td>—</td> - <td>24 Wash. L. R., 342</td> - <td><a href="#Page_269">269</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Ladd</span> <i>v.</i> Oxnard</td> - <td>1896</td> - <td>75 Fed. Rep., 703</td> - <td><a href="#Page_237">237</a>, <a href="#Page_239">239</a>, <a href="#Page_260">260</a>, <a href="#Page_261">261</a>, <a href="#Page_263">263</a>, <a href="#Page_277">277</a>, <a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i0">Larrowe <i>v.</i> O'Loughlin</td> - <td>1898</td> - <td>88 Fed. Rep., 896</td> - <td><a href="#Page_263">263</a></td> - </tr> - <tr> - <td class="i0">Lawrence <i>v.</i> Dana</td> - <td>1869</td> - <td>4 Cliff, 1</td> - <td><a href="#Page_241">241</a>, <a href="#Page_242">242</a>, <a href="#Page_251">251</a>, <a href="#Page_258">258</a>, <a href="#Page_269">269</a>, <a href="#Page_271">271</a>, <a href="#Page_273">273</a>, <a href="#Page_277">277</a>, <a href="#Page_279">279</a>, <a href="#Page_280">280</a>, <a href="#Page_284">284</a>, <a href="#Page_285">285</a>, <a href="#Page_289">289</a>, <a href="#Page_293">293</a></td> - </tr> - <tr> - <td class="i0">List Publishing Co. <i>v.</i> Keller</td> - <td>1887</td> - <td>30 Fed. Rep., 772</td> - <td><a href="#Page_281">281</a>, <a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Little <i>v.</i> Gould</td> - <td>1851</td> - <td>2 Blatchf., 165</td> - <td><a href="#Page_269">269</a>, <a href="#Page_271">271</a>, <a href="#Page_272">272</a>, <a href="#Page_273">273</a>, <a href="#Page_274">274</a>, <a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0">Little <i>v.</i> Hall</td> - <td>1855</td> - <td>18 How., 165</td> - <td><a href="#Page_240">240</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Littleton <i>v.</i> Oliver</td> - <td>1894</td> - <td>62 Fed. Rep., 597</td> - <td><a href="#Page_254">254</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">McDonald</span> <i>v.</i> Hearst</td> - <td>1899</td> - <td>95 Fed. Rep., 656</td> - <td><a href="#Page_292">292</a></td> - </tr> - <tr> - <td class="i0">MacKaye <i>v.</i> Mallory</td> - <td>1882</td> - <td>12 Fed. Rep., 328</td> - <td><a href="#Page_273">273</a></td> - </tr> - <tr> - <td class="i0">M'Lean <i>v.</i> Flemming</td> - <td>1877</td> - <td>96 U. S. Rep., 245</td> - <td><a href="#Page_277">277</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Maloney <i>v.</i> Foote</td> - <td>1900</td> - <td>101 Fed. Rep., 264</td> - <td><a href="#Page_277">277</a></td> - </tr> - <tr> - <td class="i0">Martinetti <i>v.</i> Maguire</td> - <td>1867</td> - <td>1 Abb. U. S., 356</td> - <td><a href="#Page_266">266</a></td> - </tr> - <tr> - <td class="i0">Mead <i>v.</i> West</td> - <td>1896</td> - <td>80 Fed. Rep., 380</td> - <td><a href="#Page_241">241</a>, <a href="#Page_278">278</a>, <a href="#Page_281">281</a>, <a href="#Page_282">282</a>, <a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i0">Menendez <i>v.</i> Holt</td> - <td>1888</td> - <td>128 U. S. Rep., 514</td> - <td><a href="#Page_293">293</a></td> - </tr> - <tr> - <td class="i0">Merrell <i>v.</i> Tice</td> - <td>1881</td> - <td>104 U. S. Rep., 557</td> - <td><a href="#Page_251">251</a>, <a href="#Page_253">253</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Merriam <i>v.</i> Famous Shoe Co.</td> - <td>1891</td> - <td>47 Fed. Rep., 411</td> - <td><a href="#Page_297">297</a>, <a href="#Page_298">298</a></td> - </tr> - <tr> - <td class="i0">Merriam <i>v.</i> Holloway</td> - <td>1890</td> - <td>43 Fed. Rep., 450</td> - <td><a href="#Page_297">297</a></td> - </tr> - <tr> - <td class="i0">Merriam <i>v.</i> Texas Siftings</td> - <td>1892</td> - <td>49 Fed. Rep, 944</td> - <td><a href="#Page_298">298</a></td> - </tr> - <tr> - <td class="i0">Mifflin <i>v.</i> Dutton</td> - <td>1901</td> - <td>107 Fed. Rep., 708</td> - <td><big><a href="#Page_256">256</a></big>, <a href="#Page_263">263</a></td> - </tr> - <tr> - <td class="i0">Millet <i>v.</i> Snowden</td> - <td>1848</td> - <td>1 West L. J., 240</td> - <td><a href="#Page_277">277</a></td> - </tr> - <tr> - <td class="i0">Morrison <i>v.</i> Pettibone</td> - <td>1897</td> - <td>87 Fed. Rep., 330</td> - <td><a href="#Page_276">276</a>, <a href="#Page_277">277</a>, <big><a href="#Page_280">280</a></big></td> - </tr> - <tr> - <td class="i0">Mott <i>v.</i> Clow</td> - <td>1897</td> - <td>53 U. S. App., 461</td> - <td><a href="#Page_237">237</a>, <big><a href="#Page_238">238</a></big>, <a href="#Page_239">239</a>, <a href="#Page_242">242</a>, <a href="#Page_246">246</a></td> - </tr> - <tr> - <td class="i0">Munro <i>v.</i> Smith</td> - <td>1890</td> - <td>42 Fed. Rep., 266</td> - <td><a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Mutual Advertising Co. <i>v.</i> Refo</td> - <td>1896</td> - <td>76 Fed. Rep., 961</td> - <td><a href="#Page_240">240</a>, <a href="#Page_271">271</a>, <a href="#Page_272">272</a>, <a href="#Page_282">282</a><span class="pagenum" id="Page_xxxv">[xxxv]</span></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Nash</span> <i>v.</i> Lathrop</td> - <td>1886</td> - <td>142 Mass., 29</td> - <td><a href="#Page_240">240</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Oertel</span> <i>v.</i> Wood</td> - <td>1870</td> - <td>40 How. Pr., 10</td> - <td><a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Oertel <i>v.</i> Jacoby</td> - <td>1872</td> - <td>44 How., 179</td> - <td><a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Osgood <i>v.</i> Allen</td> - <td>1872</td> - <td>1 Holmes, 185</td> - <td><a href="#Page_244">244</a></td> - </tr> - <tr> - <td class="i0">Osgood <i>v.</i> Aloe</td> - <td>1897</td> - <td>83 Fed. Rep., 470</td> - <td><a href="#Page_251">251</a>, <a href="#Page_253">253</a>, <big><a href="#Page_256">256</a></big>, <a href="#Page_260">260</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Paige</span> <i>v.</i> Banks</td> - <td>1871</td> - <td>7 Blatchf., 152</td> - <td><a href="#Page_268">268</a></td> - </tr> - <tr> - <td class="i0">Palmer <i>v.</i> De Witt</td> - <td>1872</td> - <td>47 N. Y., 532</td> - <td><a href="#Page_263">263</a>, <a href="#Page_264">264</a>, <a href="#Page_296">296</a>, <a href="#Page_299">299</a>, <a href="#Page_30">30</a></td> - </tr> - <tr> - <td class="i0">Parker <i>v.</i> Hulme</td> - <td>1849</td> - <td>1 West L. J., 240</td> - <td><a href="#Page_277">277</a></td> - </tr> - <tr> - <td class="i0">Parkinson <i>v.</i> Lascelle</td> - <td>1875</td> - <td>3 Sawyer, 330</td> - <td><a href="#Page_251">251</a></td> - </tr> - <tr> - <td class="i0">Parton <i>v.</i> Prang</td> - <td>1872</td> - <td>3 Cliff, 537</td> - <td><a href="#Page_273">273</a>, <a href="#Page_296">296</a>, <a href="#Page_299">299</a>, <a href="#Page_300">300</a></td> - </tr> - <tr> - <td class="i0">Perris <i>v.</i> Hexamer</td> - <td>1878</td> - <td>99 V. S. Rep., 674</td> - <td><a href="#Page_280">280</a></td> - </tr> - <tr> - <td class="i0">Pierce <i>v.</i> Werckmeister.</td> - <td>1896</td> - <td>72 Fed. Rep., 57</td> - <td><a href="#Page_259">259</a>, <a href="#Page_263">263</a></td> - </tr> - <tr> - <td class="i0">Pierpont <i>v.</i> Fowle</td> - <td>1846</td> - <td>2 Wood, and Min., 23</td> - <td><a href="#Page_267">267</a>, <a href="#Page_271">271</a></td> - </tr> - <tr> - <td class="i0">Press Publishing Co. <i>v.</i> Munroe</td> - <td>1896</td> - <td>73 Fed. Rep., 196</td> - <td><a href="#Page_262">262</a>, <a href="#Page_270">270</a>, <a href="#Page_271">271</a>, <a href="#Page_274">274</a>, <a href="#Page_300">300</a></td> - </tr> - <tr> - <td class="i0">Pulte <i>v.</i> Derby</td> - <td>1852</td> - <td>5 M'L., 328</td> - <td><a href="#Page_260">260</a>, <a href="#Page_273">273</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Reed</span> <i>v.</i> Carusi</td> - <td>1845</td> - <td>72 Fed. Cas., No. 11,642; 8 L. R., 411</td> - <td><a href="#Page_241">241</a>, <a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0">Reed <i>v.</i> Holliday</td> - <td>1884</td> - <td>19 Fed. Rep., 325</td> - <td><a href="#Page_277">277</a>, <a href="#Page_279">279</a>, <a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0">Rees <i>v.</i> Peltzer</td> - <td>1874</td> - <td>75 Ill., 475</td> - <td><a href="#Page_263">263</a>, <a href="#Page_296">296</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Richardson <i>v.</i> Miller</td> - <td>1877</td> - <td>3 L. and Eq. Rep. (Am.), 614</td> - <td><a href="#Page_246">246</a>, <a href="#Page_262">262</a>, <a href="#Page_267">267</a>, <a href="#Page_294">294</a></td> - </tr> - <tr> - <td class="i0">Rigney <i>v.</i> Dalton</td> - <td>1896</td> - <td>77 Fed. Rep., 176</td> - <td></td> - </tr> - <tr> - <td class="i0">Rigney <i>v.</i> Raphael Tuck</td> - <td>1896</td> - <td>77 Fed. Rep., 173</td> - <td><a href="#Page_294">294</a></td> - </tr> - <tr> - <td class="i0">Roberts <i>v.</i> Myers</td> - <td>1860</td> - <td>13 L. R. Mass., 398</td> - <td><a href="#Page_244">244</a>, <a href="#Page_270">270</a></td> - </tr> - <tr> - <td class="i0">Rogers <i>v.</i> Jewett</td> - <td>1858</td> - <td>12 L. R., 339</td> - <td><a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0">Rosenbach <i>v.</i> Dreyfuss</td> - <td>1880</td> - <td>2 Fed. Rep., 217</td> - <td><a href="#Page_247">247</a>, <a href="#Page_294">294</a></td> - </tr> - <tr> - <td class="i0">Ross <i>v.</i> Raphael Tuck</td> - <td>1898</td> - <td>91 Fed. Rep., 128</td> - <td><a href="#Page_294">294</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Sanborn</span> <i>v.</i> Dakin</td> - <td>1889</td> - <td>39 Fed. Rep., 266</td> - <td><a href="#Page_280">280</a>, <a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Sarony <i>v.</i> Ehrich</td> - <td>1886</td> - <td>28 Fed. Rep., 79</td> - <td><a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0">Schreiber <i>v.</i> Thornton</td> - <td>1883</td> - <td>17 Fed. Rep., 603</td> - <td><a href="#Page_245">245</a></td> - </tr> - <tr> - <td class="i0">Schumacher <i>v.</i> Wogram</td> - <td>1888</td> - <td>35 Fed. Rep., 210</td> - <td><big><a href="#Page_246">246</a></big>, <a href="#Page_257">257</a></td> - </tr> - <tr> - <td class="i0">Schumacher <i>v.</i> Schwencke</td> - <td>1885</td> - <td>25 Fed. Rep., 466</td> - <td><a href="#Page_271">271</a>, <a href="#Page_272">272</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>—</td> - <td>23 Blatchf., 373</td> - <td><a href="#Page_246">246</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1887</td> - <td>30 Fed. Rep., 690</td> - <td><a href="#Page_277">277</a></td> - </tr> - <tr> - <td class="i0">Scoville <i>v.</i> Toland</td> - <td>1848</td> - <td>6 West Law, J., 84</td> - <td><a href="#Page_243">243</a></td> - </tr> - <tr> - <td class="i0">Scribner <i>v.</i> Allen & Co.</td> - <td>1892</td> - <td>49 Fed. Rep., 854</td> - <td><a href="#Page_251">251</a>, <a href="#Page_256">256</a>, <a href="#Page_293">293</a></td> - </tr> - <tr> - <td class="i0">Serrana <i>v.</i> Jefferson</td> - <td>1888</td> - <td>33 Fed. Rep., 347</td> - <td><a href="#Page_282">282</a></td> - </tr> - <tr> - <td class="i0">Shook <i>v.</i> Daly</td> - <td>1875</td> - <td>49 How. Pr., 366</td> - <td><a href="#Page_266">266</a></td> - </tr> - <tr> - <td class="i0">Shook <i>v.</i> Rankin</td> - <td>1875</td> - <td>6 Biss., 477</td> - <td><a href="#Page_241">241</a>, <a href="#Page_263">263</a></td> - </tr> - <tr> - <td class="i0">Snow <i>v.</i> Laird</td> - <td>1900</td> - <td>98 Fed. Rep., 813</td> - <td><a href="#Page_242">242</a>, <a href="#Page_245">245</a></td> - </tr> - <tr> - <td class="i0">Snow <i>v.</i> Mast</td> - <td>1895</td> - <td>65 Fed. Rep., 995</td> - <td><a href="#Page_257">257</a></td> - </tr> - <tr> - <td class="i0">Social Register Association <i>v.</i> Howard</td> - <td>1894</td> - <td>64 Fed. Rep., 270</td> - <td><a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Springer <i>v.</i> Falk</td> - <td>1894</td> - <td>20 U. S. App., 296</td> - <td><a href="#Page_259">259</a>, <a href="#Page_276">276</a>, <a href="#Page_280">280</a>, <a href="#Page_283">283</a>, <a href="#Page_290">290</a>, <a href="#Page_292">292</a><span class="pagenum" id="Page_xxxvi">[xxxvi]</span></td> - </tr> - <tr> - <td class="i0">Stephens <i>v.</i> Cady</td> - <td>1852</td> - <td>14 How., 528</td> - <td><a href="#Page_273">273</a>, <a href="#Page_275">275</a></td> - </tr> - <tr> - <td class="i0">Stevens <i>v.</i> Gladding</td> - <td>1854</td> - <td>17 How., 447</td> - <td><a href="#Page_273">273</a>, <a href="#Page_275">275</a>, <a href="#Page_289">289</a></td> - </tr> - <tr> - <td class="i0">Story <i>v.</i> Holcombe</td> - <td>1847</td> - <td>4 M'L., 306</td> - <td><a href="#Page_277">277</a>, <a href="#Page_279">279</a>, <a href="#Page_283">283</a>, <a href="#Page_284">284</a>, <a href="#Page_285">285</a></td> - </tr> - <tr> - <td class="i0">Stowe <i>v.</i> Thomas</td> - <td>1853</td> - <td>2 Wall. Jr., 547</td> - <td><a href="#Page_284">284</a>, <a href="#Page_286">286</a></td> - </tr> - <tr> - <td class="i0">Struve <i>v.</i> Schwedler</td> - <td>1857</td> - <td>4 Blatchf., 23</td> - <td><a href="#Page_251">251</a></td> - </tr> - <tr> - <td class="i0">Stuart <i>v.</i> Smith</td> - <td>1895</td> - <td>68 Fed. Rep., 189</td> - <td><a href="#Page_291">291</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Taft</span> <i>v.</i> Stephens</td> - <td>1889</td> - <td>39 Fed. Rep., 781</td> - <td><a href="#Page_294">294</a></td> - </tr> - <tr> - <td class="i0">Taylor <i>v.</i> Gilman</td> - <td>1885</td> - <td>24 Fed. Rep., 632</td> - <td><a href="#Page_288">288</a>, <a href="#Page_290">290</a>, <a href="#Page_292">292</a></td> - </tr> - <tr> - <td class="i0">Thomas <i>v.</i> Lennox</td> - <td>1883</td> - <td>14 Fed. Rep., 849</td> - <td><big><a href="#Page_241">241</a></big>, <a href="#Page_263">263</a>, <big><a href="#Page_279">279</a></big></td> - </tr> - <tr> - <td class="i0">Thompson <i>v.</i> Hubbard</td> - <td>1888</td> - <td>131 U. S. Rep., 123</td> - <td><a href="#Page_251">251</a>,<a href="#Page_259">259</a></td> - </tr> - <tr> - <td class="i0">Thornton <i>v.</i> Schreiber</td> - <td>1887</td> - <td>124 U. S. Rep., 612</td> - <td><a href="#Page_290">290</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>—</td> - <td>8 Sup. Ct., 618</td> - <td><a href="#Page_288">288</a>, <a href="#Page_290">290</a>, <a href="#Page_292">292</a></td> - </tr> - <tr> - <td class="i0">Tompkins <i>v.</i> Halleck</td> - <td>1882</td> - <td>133 Mass., 32</td> - <td><a href="#Page_263">263</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Trow <i>v.</i> Boyd</td> - <td>1899</td> - <td>97 Fed. Rep., 586</td> - <td><a href="#Page_291">291</a>, <a href="#Page_292">292</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Wall</span> <i>v.</i> Gordon</td> - <td>1872</td> - <td>12 Abb. Pr. N. S. (N. Y.), 349</td> - <td><a href="#Page_262">262</a></td> - </tr> - <tr> - <td class="i0">Webb <i>v.</i> Powers</td> - <td>1847</td> - <td>2 Woodb. and M., 497</td> - <td><a href="#Page_273">273</a>, <a href="#Page_277">277</a>, <a href="#Page_282">282</a>, <a href="#Page_283">283</a></td> - </tr> - <tr> - <td class="i0">Werckmeister <i>v.</i> Springer</td> - <td>1894</td> - <td>63 Fed. Rep., 808</td> - <td><a href="#Page_256">256</a>, <a href="#Page_263">263</a>, <a href="#Page_273">273</a>, <a href="#Page_274">274</a></td> - </tr> - <tr> - <td class="i0">West <i>v.</i> Lawyers</td> - <td>1896</td> - <td>51 U. S. App., 216</td> - <td><a href="#Page_240">240</a>, <a href="#Page_251">251</a>, <a href="#Page_278">278</a></td> - </tr> - <tr> - <td class="i0"><span class="space">"</span><span class="space">"</span></td> - <td>1894</td> - <td>64 Fed. Rep., 360</td> - <td><a href="#Page_282">282</a>, <a href="#Page_289">289</a>, <a href="#Page_296">296</a></td> - </tr> - <tr> - <td class="i0">Wheaton <i>v.</i> Peters</td> - <td>1834</td> - <td>8 Pet., 591</td> - <td><a href="#Page_237">237</a>, <a href="#Page_240">240</a>, <a href="#Page_251">251</a>, <a href="#Page_268">268</a>, <a href="#Page_296">296</a>, <a href="#Page_299">299</a></td> - </tr> - <tr> - <td class="i0">Wheeler <i>v.</i> Cobbey</td> - <td>1895</td> - <td>70 Fed. Rep., 487</td> - <td><a href="#Page_292">292</a></td> - </tr> - <tr> - <td class="i0">Williams <i>v.</i> Smythe</td> - <td>1901</td> - <td>110 Fed. Rep., 961</td> - <td><a href="#Page_291">291</a></td> - </tr> - <tr> - <td class="i0">Wood <i>v.</i> Abbott</td> - <td>1866</td> - <td>5 Blatchf. C. C., 325</td> - <td><a href="#Page_245">245</a></td> - </tr> - <tr> - <td colspan="4"> </td> - </tr> - <tr> - <td class="i0"><span class="smcap">Yuengling</span> <i>v.</i> Schile</td> - <td>1882</td> - <td>12 Fed. Rep., 97</td> - <td><a href="#Page_246">246</a>, <a href="#Page_247">247</a>, <a href="#Page_248">248</a>, <a href="#Page_269">269</a>, <a href="#Page_273">273</a></td> - </tr> -</table> - -<hr class="full" /> - -<p><span class="pagenum" id="Page_1">[1]</span></p> - -<h2><big>PART I</big><br /> - -THE LAW OF COPYRIGHT IN THE UNITED KINGDOM -AND THE DOMINIONS OF THE CROWN.</h2> -<p><span class="pagenum" id="Page_2">[2]</span> -<br /> -<span class="pagenum" id="Page_3">[3]</span></p> - -<hr class="chap" /> -<h2>CHAPTER I</h2> - -<h3>INTRODUCTORY</h3> - -<p>The history of copyright has been exhaustively dealt with by -Mr. Copinger, Mr. Scrutton, and Mr. Drone in their respective -treatises on copyright law. I feel that I can add nothing useful -to this branch of the subject, and as a detailed account of the -evolution of the law of literary and artistic property is of little -value to the practitioner except as academic knowledge, I propose -merely to pass briefly in review the various epochs through -which the author and his publisher have passed in their -struggle to obtain from the public what they consider to be -the just and adequate remuneration for their labours. For -a complete historical introduction to the law of copyright -I cannot do better than refer to Mr. Birrell's delightful -lectures.<a id="FNanchor_1" href="#Footnote_1" class="fnanchor">[1]</a></p> - -<div class="sidenote">The Royal -Prerogative.</div> - -<p>The first record which we have of any monopoly in the -reproduction of literary work is in the exercise of the alleged -prerogative of the Crown to control the printing-press. No -book whatsoever was allowed to be printed without a licence -or grant of monopoly from the Crown. One of the principal -objects in the exercise of this prerogative was the prevention -of the dissemination of religious doctrines contrary to the -accepted faith.</p> - -<div class="sidenote">The Company -of -Stationers.</div> - -<div class="sidenote">The Star -Chamber.</div> - -<p>Henry VIII. created the Company of Stationers to supervise -and control the publication of books. This company made -various rules and regulations as to the printing of books, and -from them licences could be obtained by an author to print his -copy. The Stationers' Company was first incorporated in the -reign of Philip and Mary in 1556. The Crown enforced its -<span class="pagenum" id="Page_4">[4]</span> -prerogative and the rules of the Stationers' Company by means -of the Court of Star Chamber, which from time to time passed -various decrees, and punished offenders by fine and imprisonment.</p> - -<div class="sidenote">The germ -of Copyright.</div> - -<div class="sidenote">Licences.</div> - -<p>By this means the Crown until 1640 exercised an unlimited -jurisdiction over the press. In this there was no recognition -of a right of property in the author of a work, but -merely an enforcement of the royal prerogative to control the -press. Incidentally, however, a kind of property sprang up, -since the Stationers' Company in granting licences recognised -the right of the author or his assignee to his copy. Licences -were granted to those who showed that they had a right in -the manuscript, and all others were prohibited from infringing -the monopoly. An entry in the records of the Stationers' -Company in 1562, for instance, enacts "That if it be found -any other has a right to any of the copies, then the licence -touching such of the copies so belonging to another shall be -void."</p> - -<div class="sidenote">The Long -Parliament.</div> - -<p>When the Star Chamber was abolished in 1640 the two -Houses made an ordinance prohibiting printing unless the book -was first licensed and entered in the register of the Stationers' -Company, and further prohibiting printing without the consent -of the owner.</p> - -<div class="sidenote">Licensing -Statute.</div> - -<p>At the Restoration a licensing statute<a id="FNanchor_2" href="#Footnote_2" class="fnanchor">[2]</a> was passed similarly -prohibiting printing without licence and without the consent of -the owner. The statute finally expired in 1694.</p> - -<p>On the expiry of the licensing statute, authors and publishers -thought that all protection for literary work was gone, -and made strenuous efforts for new legislation. Bills were -brought into Parliament in 1703 and 1706, and finally in -1709 the copyright statute of Anne became law.</p> - -<div class="sidenote">8 Anne, -c. 19. -The beginning -of -Statutory -Copyright.</div> - -<p>The Act of Anne created for the first time a statutory property -in books. The author of any book and his assignee or -assigns were given the sole liberty of printing and reprinting -such book for the term of fourteen years from publication -"and no longer," and if at the end of that period the author -was still living, then such right returned to the author for -<span class="pagenum" id="Page_5">[5]</span> -another term of fourteen years. The Act provided that an -offender should forfeit pirated copies and sheets to the proprietor -of the copyright, who was enjoined to "forthwith damask -and make waste paper of them." The Act further imposed -a penalty of one penny for every sheet found in the offender's -possession, one half of the penalties to go to the Crown and -the other half to any person who should sue for the same. The -Act made registration in the Register Book of the Company of -Stationers before publication a condition precedent to an action -for the infringement of any book. A provision was made in -this Act for an adjustment of the price of books by complaint -to the Archbishop of Canterbury, the Lord Chancellor and -others, if booksellers or printers set too high a price upon their -publications. Provision was also made for the delivery of -nine copies at the warehouse of the Stationers' Company for -the use of various libraries.</p> - -<div class="sidenote">41 Geo. III., -ch. 107.</div> - -<p>The Act of Anne was amended in some particulars in 1801 -by 41 Geo. III. c. 107. This Act gave the proprietor of the -copyright an action of damages against an offender as well as -providing forfeiture and penalties.</p> - -<div class="sidenote">54 Geo. III., -ch. 156.</div> - -<p>The Act of Anne was again amended in 1814 by 54 Geo. -III. c. 156. This latter statute extended the period of copyright -to twenty-eight years certain, and the residue of the -author's life thereafter.</p> - -<div class="sidenote">Copyright -at Common -Law.</div> - -<div class="sidenote">Injunctions -in Chancery.</div> - -<p>After the passing of the statute of Anne those booksellers who -were in the habit of purchasing and publishing authors' manuscripts -were not satisfied with the limited protection accorded -to them by that Act. They discovered, by the aid no doubt -of legal advice, that a further protection might be secured by -setting up a common law right of literary property which would -ensure not merely a paltry term of twenty-eight years, but a -perpetual monopoly. The result of this discovery led to half a -century of litigation between the authors' booksellers and those -other smaller booksellers who contended that they might without -licence print those books in which the statutory copyright -had expired. At first the authors' men were successful, and -from 1735 there is a series of cases in Chancery in which a -common law right in published books was undoubtedly recognised -<span class="pagenum" id="Page_6">[6]</span> -and a preliminary injunction granted, notwithstanding -that the period of protection given by 8 Anne, c. 19, had -expired.<a id="FNanchor_3" href="#Footnote_3" class="fnanchor">[3]</a></p> - -<div class="sidenote"><i>Tonson</i> v. -<i>Collins</i>.</div> - -<div class="sidenote">A collusive -action.</div> - -<p>These injunctions appear to have been acquiesced in, and -the cases did not proceed to hearing. In 1760, in the case of -<i>Tonson</i> v. <i>Collins</i>,<a id="FNanchor_4" href="#Footnote_4" class="fnanchor">[4]</a> the great question of common law right was -argued at law before Lord Mansfield, C. J. The action was in -respect of the <i>Spectator</i>, the statutory copyright in which had -expired. It was twice argued before Lord Mansfield, who -then ordered that it should stand over for further argument -before all the twelve judges. No judgment was ever given in -the case. Before it could be argued before the whole Court, -information reached the judges that the action was collusive, -brought for the purpose of obtaining a precedent to support -the contention of the authors' men. The Court refused to -proceed further with the cause.</p> - -<div class="sidenote"><i>Osborne</i> v. -<i>Donaldson</i>.</div> - -<div class="sidenote"><i>Millar</i> v. -<i>Taylor</i>.</div> - -<div class="sidenote"><i>Donaldson</i> -v. <i>Beckett</i>.</div> - -<p>It was not long, however, until the question was again -raised. In 1765 Messrs. Osborne & Millar, assignees of the -copyright in Thomson's "Seasons," filed their Bills in -Chancery against Donaldson, an Edinburgh bookseller, who -had, without their authority, reprinted the book after the -statutory copyright had expired.<a id="FNanchor_5" href="#Footnote_5" class="fnanchor">[5]</a> A preliminary injunction was -obtained, but subsequently dissolved. Lord Chancellor Northington -said it was a point of so much difficulty and consequence -that he should not determine it at the hearing, but -should send it to law for the opinion of the judges. The question -therefore again came to law, and, in <i>Millar</i> v. <i>Taylor</i>,<a id="FNanchor_6" href="#Footnote_6" class="fnanchor">[6]</a> was -argued at great length before Lord Mansfield and Justices -Aston, Willis and Yates. The authors' men were victorious. -The Court decided (Yates, J., dissenting) that there was copyright -at common law, and that the period of protection thereunder -was not cut down by the statute of Anne. This great -victory, however, afforded but a short-lived triumph to literary -men. In 1774, in <i>Donaldson</i> v. <i>Beckett</i>,<a id="FNanchor_7" href="#Footnote_7" class="fnanchor">[7]</a> the matter came before -the House of Lords on appeal from an order in Chancery, with -<span class="pagenum" id="Page_7">[7]</span> -the result that the decision in <i>Millar</i> v. <i>Taylor</i><a id="FNanchor_8" href="#Footnote_8" class="fnanchor">[8]</a> was overruled. -In this case all the judges were consulted. Eleven consulted -judges gave their opinion. The questions put to the judges, -and the answers given by them, are as follows:</p> - -<div class="sidenote">Opinions of -the judges.</div> - -<p>1. Whether at common law an author of any book or literary -composition had the sole right of first printing and publishing -the same for sale, and might bring an action against any person -who printed, published, and sold the same without his consent?</p> - -<table class="vote" summary="Vote tally."> - <tr> - <td>Eight answered</td> - <td class="i10"></td> - <td>Yes.</td> - </tr> - <tr> - <td>One answered</td> - <td class="i10"></td> - <td>No.</td> - </tr> - <tr> - <td>Two answered</td> - <td class="i10"></td> - <td>That an action would only lie if the MS.<br /> -were taken by fraud or violence.</td> - </tr> -</table> - -<p>2. If the author had such right originally did the law take -it away upon his printing or publishing such book or literary -composition, and might any person afterward reprint and sell -for his own benefit such book or literary composition against -the will of the author?</p> - -<table class="vote" summary="Vote tally."> - <tr> - <td>Seven answered</td> - <td>No.</td> - </tr> - <tr> - <td>Four answered</td> - <td>Yes.</td> - </tr> -</table> - -<p>3. If such action would have lain at common law, is it -taken away by the statute of 8th Anne? And is an author by -the said statute precluded from every remedy except on the -foundation of the said statute and on the terms and conditions -prescribed thereby?</p> - -<table class="vote" summary="Vote tally."> - <tr> - <td>Six answered</td> - <td>Yes.</td> - </tr> - <tr> - <td>Five answered</td> - <td>No.</td> - </tr> -</table> - -<p>4. Whether the author of any literary composition and -his assigns had the sole right of printing and publishing the -same in perpetuity by the common law?</p> - -<table class="vote" summary="Vote tally."> - <tr> - <td>Seven answered</td> - <td>Yes.</td> - </tr> - <tr> - <td>Four answered</td> - <td>No.</td> - </tr> -</table> - -<p>5. Whether this right is in any way impeached or taken -away by the statute of 8th Anne?</p> - -<table class="vote" summary="Vote tally."> - <tr> - <td>Six answered</td> - <td>Yes.</td> - </tr> - <tr> - <td>Five answered</td> - <td>No.</td> - </tr> -</table> - -<p><span class="pagenum" id="Page_8">[8]</span></p> - -<div class="sidenote">Decision of -the House -of Lords.</div> - -<div class="sidenote">Defeat -of the -Authors' -booksellers.</div> - -<p>The House of Lords on a division, which included several -lay members of the House, decided by 22 to 11 against the -contention that the common law right survived the statute of -Anne and was unrestricted by it. So the authors and their -champions the booksellers were finally defeated, and had to -remain satisfied with the term of protection afforded to them -by statute.</p> - -<div class="sidenote">Relief for -the Universities.</div> - -<p>The Universities obtained from Parliament statutory relief -against the decision in <i>Donaldson</i> v. <i>Beckett</i>. In 1775, the Act -of 15 Geo. III. c. 53 was passed giving them a perpetual copyright -in all books which might be bequeathed to them. This -right they still retain.</p> - -<div class="sidenote">5 & 6 Vict. -c. 45.</div> - -<p>In 1842 the present literary Copyright Act was passed and -the statute of Anne and the two amending statutes of Geo. III. -repealed. The principal reform is the extension of the term -of protection to a period of forty-two years certain, or for the -author's life and seven years if that should prove longer. -Perhaps the other most important change (it cannot decently -be called a reform) is the reduction of registration at Stationers' -Hall to a mere useless and troublesome technicality. Instead -of being as formerly a condition precedent to protection, and -therefore a useful index from which one could ascertain whether -a book was copyright or not, it is now made merely a condition -precedent to action, and registration can be effected the same -day as that on which a writ is issued.</p> - -<div class="sidenote">Engravings.</div> - -<p>Meanwhile the engravers as well as the authors had been -working for the proper protection of their art. In 1734 they -first obtained a statute which, together with the amending -statutes passed in 1766, 1776, and 1836 respectively, still -contains the law of copyright in engravings, prints, etchings, -and similar productions.</p> - -<div class="sidenote">Sculpture.</div> - -<p>In 1798 the sculptors obtained an Act. This was repealed -by another Act obtained in 1813. This latter Act still contains -the whole law as to copyright in sculpture.</p> - -<div class="sidenote">Dramatic -Work.</div> - -<div class="sidenote">Musical -Work.</div> - -<p>In 1833 authors of dramatic work obtained from Parliament -an exclusive right to perform their plays whether published -or unpublished. By the Literary Copyright Act, 1842, -the provisions of that Act are made applicable to performing -<span class="pagenum" id="Page_9">[9]</span> -rights in dramatic work, and performing rights are still regulated -by both these Acts, which together contain the law on this -subject. The Literary Copyright Act, 1842, also applied the -provisions of both these Acts to performing rights in musical -compositions hitherto unprotected in this respect. As regards -musical composition, the law is amended by two subsequent -Acts which must be read with the two older Acts.</p> - -<div class="sidenote">Lectures.</div> - -<p>In 1835 an Act was passed for the protection of copyright -in lectures. This Act, although still in force, has become a -dead letter since the requisite notice to two Justices of the -Peace is troublesome, and lectures receive full protection from -copying by common law and under the Literary Copyright Act, -1842. The Lectures Act never purported to give anything -in the nature of a performing or lecturing right, but merely a -protection from unauthorised reproduction in print.</p> - -<div class="sidenote">Paintings, -Drawings, -and Photographs.</div> - -<p>The artists were the last to obtain protection for their work. -It was not until 1862 that an Act was passed giving statutory -protection to paintings, drawings, and photographs. This Act -contains the present law on the "Fine Arts."</p> - -<div class="sidenote">International -Acts.</div> - -<div class="sidenote">The Berne -Convention.</div> - -<div class="sidenote">The Paris -Convention.</div> - -<p>From 1844 onwards there is a series of Acts known as the -International Copyright Acts which extend the protection of the -copyright law to works published in certain foreign countries. -The last and principal international copyright Act is the International -Copyright Act, 1886. That Act was passed in view of the -Berne Convention of 1887 which was then in contemplation. -The Berne Convention is an international copyright agreement -whereby those states which are signatory to it agree that, subject -to its terms, a work first published in any one of those -states shall have copyright in all the others. The Berne Convention -is now amended by the Paris Convention, 1898, and -read together they form the present international agreement.</p> - -<div class="sidenote">Colonial -Acts.</div> - -<p>There are several statutes dealing with the colonies dating -from 1847. -<span class="pagenum" id="Page_10">[10]</span></p> - -<hr class="chap" /> -<h2>CHAPTER II<br /> - -WHAT BOOKS ARE PROTECTED</h2> - -<p>The following books are protected by statute throughout the -British Dominions:<a id="FNanchor_9" href="#Footnote_9" class="fnanchor">[9]</a></p> - -<div class="poem"><div class="stanza"> - -<span class="i0">1. Every original book:<a id="FNanchor_10" href="#Footnote_10" class="fnanchor">[10]</a></span> - -<span class="i0">2. First published within the British Dominions:<a id="FNanchor_11" href="#Footnote_11" class="fnanchor">[11]</a></span> - -<span class="i0">3. [The author of which is a British subject or resident -within the British Dominions at the time of first -publication:<a id="FNanchor_12" href="#Footnote_12" class="fnanchor">[12]</a>]</span> - -<span class="i0">4. Which is innocent:<a id="FNanchor_13" href="#Footnote_13" class="fnanchor">[13]</a></span> - -<span class="i0">5. And has been registered before action:<a id="FNanchor_14" href="#Footnote_14" class="fnanchor">[14]</a></span> - -<span class="i0">6. For 42 years, or the author's life and 7 years, whichever -period is the longer.<a id="FNanchor_15" href="#Footnote_15" class="fnanchor">[15]</a></span> -</div></div> - -<h3><span class="smcap">Section I.—What is an Original Book.</span></h3> - -<p><b>Definition of a Book.</b>—"Book" is defined by 5 & 6 Vict. -c. 45, sec. 2, "to mean and include every volume, part or -division of a volume, pamphlet, sheet of letterpress, sheet of -music, map, chart, or plan separately published."</p> - -<p>As an exhaustive definition this is of little value. It only -indicates what the outward visible form of the "book" must -be, and gives no indication of the nature or quality of the -literary matter which it must contain. Even as a guide to the -form it is defective, since it is only a definition by example and -not exhaustively descriptive. In the absence of an accurate -statutory definition of a "book," the Courts have given a very -wide interpretation to the term, and both as to the form and the -matter have strained the ordinary dictionary meaning of the word -<span class="pagenum" id="Page_11">[11]</span> -to the uttermost. In the light of the decided cases a "book" -might be defined as <i>original literary matter in such tangible form as -readily conveys ideas or information to the mind of a reader</i>.</p> - -<p><b>Essential Elements of a Book.</b>—There are three essential -elements which must be found in every book, viz.:</p> - -<div class="poem"><div class="stanza"> - <span class="i0"><span class="rgt">I.</span> A certain physical form.</span> - <span class="i0"><span class="rgt">II.</span> Literary matter.</span> - <span class="i0"><span class="rgt">III.</span> Originality.</span> -</div></div> - -<p>I. <i>Physical Form.</i>—The form of the book need not necessarily -constitute what in common parlance is known as a book or -volume. Thus a single sheet of music<a id="FNanchor_16" href="#Footnote_16" class="fnanchor">[16]</a> or a printed leaflet -such as an application form<a id="FNanchor_17" href="#Footnote_17" class="fnanchor">[17]</a> are both books within the meaning -of the Copyright Acts.</p> - -<p>In one case<a id="FNanchor_18" href="#Footnote_18" class="fnanchor">[18]</a> it was held that a newspaper was not a book, -but that decision was not followed,<a id="FNanchor_19" href="#Footnote_19" class="fnanchor">[19]</a> and there can now be no -doubt that a newspaper comes within the definition of a book -as a sheet of letterpress.<a id="FNanchor_20" href="#Footnote_20" class="fnanchor">[20]</a></p> - -<p>The form must be adapted for conveniently conveying to -the mind of a reader the intellectual matter which the book -contains. It will not be sufficient that it can possibly be used -for conveying intellectual matter to the mind, it must be conveniently -adapted for that purpose. Thus music in the form -of a perforated scroll for use in an æolian or pianola is not a -"book,"<a id="FNanchor_21" href="#Footnote_21" class="fnanchor">[21]</a> for although it can be deciphered and read by the -eye no one in his senses would use it instead of an ordinary -sheet of music. On the other hand literary matter may nevertheless -be in "book" form although it requires a special -training to decipher it. For instance a story written in shorthand -characters is in book form,<a id="FNanchor_22" href="#Footnote_22" class="fnanchor">[22]</a> and no doubt also a story -impressed in raised characters for the blind.<a id="FNanchor_23" href="#Footnote_23" class="fnanchor">[23]</a></p> - -<p>The substance on which the literary matter is depicted and -<span class="pagenum" id="Page_12">[12]</span> -the manner of depicting it are probably immaterial; but presumably -a "book" must be at least <i>ejusdem generis</i> as an ordinary -printed volume or leaflet. It must be "something in the nature -of a book."<a id="FNanchor_24" href="#Footnote_24" class="fnanchor">[24]</a> Thus although copies in ordinary manuscript<a id="FNanchor_25" href="#Footnote_25" class="fnanchor">[25]</a> -or even engraved on thin slips of ivory would be in "book" form, -an epitaph on a tombstone probably would not.</p> - -<p>The meaning of the words "separately published" in -section 2 is by no means clear. They do not mean that the -matter in which copyright is claimed must be issued physically -separate from any non-copyright literary matter. In the -statute of Anne the words "separately published" are not used -in the definition of a book, but it was nevertheless argued that -a "book" must be entirely the original work of the author and -not bound up with other matter. In <i>Cary</i> v. <i>Longman</i> Lord -Kenyon rejected such an argument. In giving judgment he -said:</p> - -<blockquote> - -<p>"The courts of justice have long been labouring under an error if an -author have no copyright in any part of a work unless he have an exclusive -right to the whole book."<a id="FNanchor_26" href="#Footnote_26" class="fnanchor">[26]</a></p></blockquote> - -<p>Under the statute of Victoria parts of a book bound up -with non-copyright matter have frequently been protected; -notes to non-copyright works,<a id="FNanchor_27" href="#Footnote_27" class="fnanchor">[27]</a> illustrations to non-copyright -works,<a id="FNanchor_28" href="#Footnote_28" class="fnanchor">[28]</a> a small portion of a serial story,<a id="FNanchor_29" href="#Footnote_29" class="fnanchor">[29]</a> a small part of a time -table,<a id="FNanchor_30" href="#Footnote_30" class="fnanchor">[30]</a> have all been protected. Clearly therefore a person -may have copyright in a book although he has not copyright in -every part of it.<a id="FNanchor_31" href="#Footnote_31" class="fnanchor">[31]</a></p> - -<p><i>In Johnson</i> v. <i>Newnes</i><a id="FNanchor_32" href="#Footnote_32" class="fnanchor">[32]</a> Romer, J., takes the view that "separately" -published means clearly distinguishable. He says:</p> - -<blockquote> - -<p>"Now in my opinion if you find in a volume separate parts, and distinguished -or perfectly distinguishable from the other parts, and the -volume is published, each part that is separate and clearly distinguished in -the volume itself is separately published within the meaning of section 2."</p></blockquote> -<p><span class="pagenum" id="Page_13">[13]</span></p> - -<p>If we accept this as correct we exclude the case of a -revised edition of an old work, the corrections and additions -to which forming the new work are not clearly distinguishable -from the old. I am inclined to think that the -real explanation and meaning of "separately published" is -that it does not apply to "volume, part, or division of a volume" -at all, but only to "sheet of letterpress, sheet of music, map, -chart, or plan" which are to be protected, even although they -are "separately published," <i>i. e.</i> not bound up into a volume. -It was no doubt inserted as declaratory of the case law under -the statute of Anne, which laid down that a single printed sheet -was a "book" within the meaning of the Act.</p> - -<p>II. <i>Literary Matter.</i>—No literary merit or great labour is -required to be shown. Lord Halsbury, L. C., in <i>Walter</i> v. <i>Lane</i>,<a id="FNanchor_33" href="#Footnote_33" class="fnanchor">[33]</a> -referring to the verbatim reports of Lord Rosebery's speeches -which were the subject-matter of that action, said:</p> - -<blockquote> - -<p>"Although I think in these compositions (<i>i. e.</i> the work of the stenographer) -there is literary merit and intellectual labour, yet the statute -seems to me to require neither—nor originality either in thought or -language ... the right in my view is given by the statute to the first -producer of a book, whether that book be wise or foolish, accurate or -inaccurate, of literary merit, or of no merit whatever."<a id="FNanchor_34" href="#Footnote_34" class="fnanchor">[34]</a></p></blockquote> - -<p>In many of the cases great stress was laid in argument -at the bar on the preamble of the Copyright Act, 5 & 6 -Vict. c. 45. The preamble runs as follows:</p> - -<blockquote> - -<p>"Whereas it is expedient to amend the law relating to copyright, and -to afford greater encouragement to the production of literary works of -lasting benefit to the world...."</p></blockquote> - -<p>From this it is argued that the Act intends to protect only -those works which are likely to prove a substantial addition to -the world's literature. Jessel, M. R., in his judgment in <i>Maple</i> v. -<i>Junior Army and Navy Stores</i>,<a id="FNanchor_35" href="#Footnote_35" class="fnanchor">[35]</a> points out the fallacy of this argument:</p> - -<blockquote> - -<p>"The Act does not say that it is expedient to afford greater encouragement -to the production of literary works of lasting benefit to the world, -and to amend the law of copyright relating thereto, but that it is expedient -<span class="pagenum" id="Page_14">[14]</span> -to amend the law of copyright generally, merely adding the principal -reason for doing so. There is therefore nothing in the preamble to cut -down the enacting part, even if the enacting part had not been clear."<a id="FNanchor_36" href="#Footnote_36" class="fnanchor">[36]</a></p></blockquote> - -<p>Road-books,<a id="FNanchor_37" href="#Footnote_37" class="fnanchor">[37]</a> directories,<a id="FNanchor_38" href="#Footnote_38" class="fnanchor">[38]</a> tradesmen's catalogues,<a id="FNanchor_39" href="#Footnote_39" class="fnanchor">[39]</a> mercantile -statistics,<a id="FNanchor_40" href="#Footnote_40" class="fnanchor">[40]</a> telegraph codes,<a id="FNanchor_41" href="#Footnote_41" class="fnanchor">[41]</a> time tables,<a id="FNanchor_42" href="#Footnote_42" class="fnanchor">[42]</a> verbatim reports of -speeches<a id="FNanchor_43" href="#Footnote_43" class="fnanchor">[43]</a> are all books within the meaning of the Act.</p> - -<p>It is quite immaterial for what purpose the matter was -composed or published. Personal correspondence,<a id="FNanchor_44" href="#Footnote_44" class="fnanchor">[44]</a> advertisements,<a id="FNanchor_45" href="#Footnote_45" class="fnanchor">[45]</a> -and a mining report<a id="FNanchor_46" href="#Footnote_46" class="fnanchor">[46]</a> are all subjects of copyright if -published.</p> - -<p>There must be some composition or arrangement of words, -figures, sentences, or paragraphs which by itself will convey -to the mind of the reader some intelligible proposition.<a id="FNanchor_47" href="#Footnote_47" class="fnanchor">[47]</a> -There cannot be copyright in a single word,<a id="FNanchor_48" href="#Footnote_48" class="fnanchor">[48]</a> even although -it expresses a man's opinion: there is no composition or arrangement. -Neither can there be copyright in a pattern sleeve<a id="FNanchor_49" href="#Footnote_49" class="fnanchor">[49]</a> or -the face of a barometer,<a id="FNanchor_50" href="#Footnote_50" class="fnanchor">[50]</a> because both are really instruments -to be used in conjunction with something else, and although -there may be words and sentences on them, by themselves they -convey no intelligible proposition to the reader. Probably a -drunken scrawl, absolutely unintelligible, would not be protected. -A jury having found that such a document was not a -literary composition, the Court of Appeal refused to interfere -with their verdict.<a id="FNanchor_51" href="#Footnote_51" class="fnanchor">[51]</a></p> - -<p>The illustrations in a book are protected as part of the -book,<a id="FNanchor_52" href="#Footnote_52" class="fnanchor">[52]</a> and a number of drawings bound up together without -any letterpress would be protected as a book,<a id="FNanchor_53" href="#Footnote_53" class="fnanchor">[53]</a> compliance with -the provisions of the artistic Copyright Acts being in such a -case unnecessary; but a single drawing or engraving separately -issued can only be protected under the artistic Acts.</p> - -<p>A map, whether bound in a volume or separately issued, is -<span class="pagenum" id="Page_15">[15]</span> -a book within the meaning of the Literary Copyright Act, and -will be protected thereunder.<a id="FNanchor_54" href="#Footnote_54" class="fnanchor">[54]</a></p> - -<p>III. <i>Originality</i> as an essential element of a book means that -the composition in the "book" must not have been copied from -some other literary composition in "book" form. Originality -does not necessarily imply an original composition on the part -of the author.<a id="FNanchor_55" href="#Footnote_55" class="fnanchor">[55]</a> Copyright is given not necessarily to the first -composer, but to the first producer in "book" form of a literary -composition.<a id="FNanchor_56" href="#Footnote_56" class="fnanchor">[56]</a> Thus a book would be an original book if the -literary matter contained therein were taken by the author -verbatim from the oral utterances of a public speaker,<a id="FNanchor_57" href="#Footnote_57" class="fnanchor">[57]</a> or probably -if copied from some ancient monument or mural writing. -It would not, however, be original if the author had merely -transcribed the literary matter from some public manuscripts, -even although difficult of access.<a id="FNanchor_58" href="#Footnote_58" class="fnanchor">[58]</a> Again, originality does not -necessarily imply novelty. Another book exactly the same in -every respect, word for word, may have been previously published, -and yet a later book will be original if derived from -common sources, and not copied from the earlier book. Thus -two mathematicians may have independently made the same -calculations,<a id="FNanchor_59" href="#Footnote_59" class="fnanchor">[59]</a> two travellers may have made a chart of the same -island or district,<a id="FNanchor_60" href="#Footnote_60" class="fnanchor">[60]</a> or two reporters may have taken shorthand -reports of the same speech.<a id="FNanchor_61" href="#Footnote_61" class="fnanchor">[61]</a> In each case there would -be independent copyright,<a id="FNanchor_62" href="#Footnote_62" class="fnanchor">[62]</a> and the later book, even although -published ten years after the first, would be original.</p> - -<p>Composition may consist in composition in the ordinary -sense of piecing together words, figures, sentences, and paragraphs, -in order to convey certain intellectual ideas, or it may -consist in the arrangement of material, as in the case of -directories, lists of statistics, &c. Sometimes part may be -copied and part may be original, as in the case of new editions,<a id="FNanchor_63" href="#Footnote_63" class="fnanchor">[63]</a> -translations,<a id="FNanchor_64" href="#Footnote_64" class="fnanchor">[64]</a> abridgments,<a id="FNanchor_65" href="#Footnote_65" class="fnanchor">[65]</a> selections from non-copyright -<span class="pagenum" id="Page_16">[16]</span> -authors,<a id="FNanchor_66" href="#Footnote_66" class="fnanchor">[66]</a> precedents of conveyancing, &c.<a id="FNanchor_67" href="#Footnote_67" class="fnanchor">[67]</a> The new matter -only is the subject of copyright.</p> - -<div class="sidenote">Road -Books.</div> - -<p><b>Examples of what are Books.</b>—Road-books<a id="FNanchor_68" href="#Footnote_68" class="fnanchor">[68]</a> were among -the first works in the protection of which by the Courts it was -recognised that copyright did not necessarily depend on the -evidence of any high mental qualities in the composition. In -1786 an injunction was granted to restrain the piracy of -"Paterson's Road-Book."<a id="FNanchor_69" href="#Footnote_69" class="fnanchor">[69]</a> Lord Chancellor Loughborough -in his judgment said that a book in order to acquire copyright -did not require to be an operation of the mind like the "Essay -on Human Understanding." There might be copyright even -although the subject-matter lay <i>in medio</i>, so that every man -with eyes could trace it, and the whole merit of the work -depended upon the accuracy of the observation. In 1776 the -Court of Session in Scotland protected a "Traveller's Pocket-Book," -which contained nothing but a mere list of stages and -their distances.<a id="FNanchor_70" href="#Footnote_70" class="fnanchor">[70]</a> The compiler of such a work may arrive at -the same, or nearly the same, result as some other compiler -working over the same country, but if each has made his own -compilation, "counting the milestones for himself,"<a id="FNanchor_71" href="#Footnote_71" class="fnanchor">[71]</a> he will -have copyright and can prevent any one else from infringing -such copyright.</p> - -<div class="sidenote">Directories.</div> - -<p>Directories<a id="FNanchor_72" href="#Footnote_72" class="fnanchor">[72]</a> soon followed road-books in their claim for -protection. Lord Chancellor Erskine in 1806 hesitated somewhat, -"thinking it dangerous to carry this doctrine of copyright -too far," but ultimately decided that an East India -calendar or directory<a id="FNanchor_73" href="#Footnote_73" class="fnanchor">[73]</a> containing the names and appointments -on the Indian establishment, obtained with considerable labour -and expense from the repositories in India House, was the -subject of copyright. This decision was followed by Lord -<span class="pagenum" id="Page_17">[17]</span> -Chancellor Eldon in 1809 in the case of "A Court Calendar."<a id="FNanchor_74" href="#Footnote_74" class="fnanchor">[74]</a> -In 1861 a street directory of Birmingham was protected,<a id="FNanchor_75" href="#Footnote_75" class="fnanchor">[75]</a> and -in 1866 "Kelly's Post Office London Directory."<a id="FNanchor_76" href="#Footnote_76" class="fnanchor">[76]</a> In this last-mentioned -case it was suggested in defence that the various -residents had given their names for public use, and that therefore -any one could copy them; this contention, however, was -rejected, and it was held that the information contained in a -directory was similar to that in a road-book or map; it was -open to all mankind, but that he who collected and described -it was entitled to prevent any one else from taking the results of -his labours. In <i>Morris</i> v. <i>Ashbee</i>,<a id="FNanchor_77" href="#Footnote_77" class="fnanchor">[77]</a> a trade directory, called -"The Business Directory of London," was protected. This -work contained the names and occupations of merchants and -traders carrying on business in or about London. Those -traders who paid the proprietor of the directory one shilling -annually were entitled to have their names printed in capital -letters, and a further payment entitled them to "extra lines" -descriptive of their vocations. The defendants took from this -work the names in capital letters and the "extra lines," -and contended that they were entitled to do so; but it was held -that the payment by the several persons whose names were -inserted had not the effect of making the names and descriptions -when inserted common property, and that as the -plaintiff had incurred the labour and expense of getting the -necessary information and arranging it, he was entitled to -protection.</p> - -<div class="sidenote">Trade -Directory.</div> - -<div class="sidenote">Sheet of -Advertisements.</div> - -<p>In <i>Lamb</i> v. <i>Evans</i><a id="FNanchor_78" href="#Footnote_78" class="fnanchor">[78]</a> the defendants had copied extensively -from a trade directory. The directory consisted of a list of -tradesmen in various localities. In some cases their names and -addresses only were entered, and in others more elaborate -advertisements containing descriptions of articles in which -the advertiser dealt. The entries in the directory were classified -under headings, giving short descriptions of the particular -trades; each separate heading was arranged so that the proper -catch-words occurred first in alphabetical order, and each -<span class="pagenum" id="Page_18">[18]</span> -heading was repeated in three other languages after the -English heading. The Court of Appeal held that although -the plaintiffs had no copyright in each individual entry, they -had copyright at least in the headings. They were the result -of literary labour both as regards the composition of the -headings themselves and their collocation and concatenation -in the book.<a id="FNanchor_79" href="#Footnote_79" class="fnanchor">[79]</a> Their Lordships were also of opinion, although -they said it was unnecessary to decide the question, that there -was copyright in the mass of advertisements as collected and -arranged. Lindley, L. J., said:</p> - -<blockquote> - -<p>"I do not see myself the difficulty in the publishers having a copyright -in a sheet of advertisements. I do see a difficulty in his having a -copyright in one advertisement, because, as Mr. Justice Chitty pointed -out, that might prevent the advertiser from republishing his advertisements -in another paper, which is absurd. But to say that it follows from that -that the proprietor, say of the <i>Times</i>, has no copyright in a sheet of -advertisements so that he cannot restrain anybody from copying that -sheet appears to me a very different proposition."<a id="FNanchor_80" href="#Footnote_80" class="fnanchor">[80]</a></p></blockquote> - -<div class="sidenote">Catalogues.</div> - -<p>Tradesmen's catalogues, consisting of lists descriptive or -otherwise of the articles in which they deal, have been often -attacked as being devoid of literary merit. In <i>Hotten</i> v. <i>Arthur</i><a id="FNanchor_81" href="#Footnote_81" class="fnanchor">[81]</a> -the plaintiff's copyright in a descriptive catalogue of old books -which he had in stock was challenged. This catalogue was -not a mere list of the books by name, but contained short -notices of the contents and general nature of the various -volumes. Page Wood, V. C., found no difficulty in deciding -that such a catalogue was the subject of copyright, notwithstanding -that the catalogues were for the purpose of advertising -the plaintiff's stock-in-trade, and were not themselves -offered for sale. In <i>Cobbett</i> v. <i>Woodward</i><a id="FNanchor_82" href="#Footnote_82" class="fnanchor">[82]</a> the doctrine laid -down by Page Wood, V. C., received a check. In that case -the plaintiff had published a catalogue containing numerous -engravings and illustrations of designs and articles of furniture -which were sold by his firm. Lord Romilly, M. R., refused -to grant an injunction against a rival tradesman who, in a -<span class="pagenum" id="Page_19">[19]</span> -similar publication, appropriated at least fifty of the plaintiff's -illustrations, and in his judgment he said:</p> - -<div class="sidenote">Advertisements.</div> - -<blockquote> - -<p>"But at the last it always comes round to this, that there is no copyright -in an advertisement. If you copy the advertisement of another, -you do him no wrong, unless in doing so you lead the public to believe -that you sell the articles of the person whose advertisement you copy."<a id="FNanchor_83" href="#Footnote_83" class="fnanchor">[83]</a></p></blockquote> - -<p>The next case in which this question came before the Courts -was <i>Grace</i> v. <i>Newman</i>.<a id="FNanchor_84" href="#Footnote_84" class="fnanchor">[84]</a> The book infringed was a volume -containing lithographic sketches of monumental designs, and -a little letterpress. The sole object of the book was to serve -as an advertisement in the plaintiff's business of "Cemetery -Stone and Marble Mason." Hall, V. C., granted an injunction, -evading <i>Cobbett</i> v. <i>Woodward</i><a id="FNanchor_85" href="#Footnote_85" class="fnanchor">[85]</a> and following <i>Hotten</i> v. -<i>Arthur</i>.<a id="FNanchor_86" href="#Footnote_86" class="fnanchor">[86]</a> In 1882 <i>Cobbett</i> v. <i>Woodward</i><a id="FNanchor_87" href="#Footnote_87" class="fnanchor">[87]</a> was expressly overruled -in the Court of Appeal in the case of <i>Maple & Co.</i> v. -<i>Junior Army and Navy Stores</i>.<a id="FNanchor_88" href="#Footnote_88" class="fnanchor">[88]</a> The plaintiffs published an -illustrated catalogue consisting almost entirely of engravings -of furniture with short descriptions and prices. The catalogue -was prepared by selecting articles of furniture which were -drawn by artists in their employment and then engraved. -The Court of Appeal sustaining the opinion of Hall, V. C., -in the Court below, held that the catalogue was the subject of -copyright as a book. Jessel, M. R., said:</p> - -<blockquote> - -<p>"The case which has done all the mischief is <i>Cobbett</i> v. <i>Woodward</i>.<a id="FNanchor_89" href="#Footnote_89" class="fnanchor">[89]</a>... -I think that is not law. I am not aware that the use to which -a proprietor puts his book makes any difference in his rights. His -copyright gives him the exclusive right of multiplying copies, and he may -use them as he pleases. I think, therefore, that <i>Cobbett</i> v. <i>Woodward</i><a id="FNanchor_90" href="#Footnote_90" class="fnanchor">[90]</a> -will not bear legal examination."<a id="FNanchor_91" href="#Footnote_91" class="fnanchor">[91]</a></p></blockquote> - -<div class="sidenote">Alphabetical -Catalogue -of -Tradesmen's -Goods.</div> - -<p>In <i>Collis</i> v. <i>Cater</i><a id="FNanchor_92" href="#Footnote_92" class="fnanchor">[92]</a> North, J., protected a catalogue of medicinal -articles which the plaintiff kept for sale. The articles were -arranged by their common names in alphabetical order under -various headings and sub-headings. The learned judge strongly -negatived the contention that a tradesman's catalogue would -<span class="pagenum" id="Page_20">[20]</span> -only be protected when, as in <i>Hotten</i> v. <i>Arthur</i>,<a id="FNanchor_93" href="#Footnote_93" class="fnanchor">[93]</a> some amount -of skill or literary merit was shown. He said:</p> - -<blockquote> - -<p>"A distinction is made between copyright in a large catalogue by a -clever author which gives a great deal of information, and is interesting -to persons who read it, and a catalogue like the plaintiffs, which is -nothing whatever but a simple list of certain articles described by their -common names, which every one is entitled to use with respect to them -with the addition of the prices at which they are sold.... In one way or -another a man engaged in preparing a catalogue of this sort has incurred -labour in its preparation, or it may be expense and trouble in its preparation, -and has done it for the advantage of having his own catalogue.... -I cannot see any distinction between this and the publication of a -directory. It seems to me to be exactly <i>in pari materia</i>."</p></blockquote> - -<div class="sidenote">Telegraph -Codes.</div> - -<p>A list of telegraphic code words carefully selected so that, -in their transmission by the Morse system of dots and dashes, -they would not be liable to be mistaken or misspelt was -admitted to be a copyright work in <i>Ager</i> v. <i>P. & O. Steam -Navigation Co.</i><a id="FNanchor_94" href="#Footnote_94" class="fnanchor">[94]</a> The same book, "The Standard Telegram -Code," was again protected in <i>Ager</i> v. <i>Collingridge</i>.<a id="FNanchor_95" href="#Footnote_95" class="fnanchor">[95]</a></p> - -<div class="sidenote">Shipping -Statistics.</div> - -<div class="sidenote">Mineral -Statistics.</div> - -<p>Lists of statistics compiled from various sources of information -are well recognised as original books. "The Clyde -Bill of Entry and Shipping List," containing a compilation of -statistics collected from the official records and documents in -the Custom houses, was protected in Scotland in 1846<a id="FNanchor_96" href="#Footnote_96" class="fnanchor">[96]</a> and -again in 1858.<a id="FNanchor_97" href="#Footnote_97" class="fnanchor">[97]</a> The "Mineral Statistics of the United Kingdom -of Great Britain and Ireland" was protected in England in -1867.<a id="FNanchor_98" href="#Footnote_98" class="fnanchor">[98]</a> It consisted of an annual statement of returns in the -City of London coal market, showing the quantity of coal -imported into London from the various collieries, and was -compiled by the clerk and registrar of the coal market from the -day-books in the office. Page Wood, V. C., said:</p> - -<blockquote> - -<p>"A great deal of time and labour must have been spent in this compilation, -more, indeed, than in the case of a directory or guide, and there -can be no doubt that he is entitled to be protected in the fruits of his -labour."<a id="FNanchor_99" href="#Footnote_99" class="fnanchor">[99]</a></p></blockquote> - -<p><span class="pagenum" id="Page_21">[21]</span></p> - -<div class="sidenote">Lists taken -from public -documents.</div> - -<div class="sidenote">List of -Bills of -Sale.</div> - -<p>Compilations made from public documents and records are -protected in so far as there is selection or arrangement. A -mere verbatim copy of a public document would not be -protected.<a id="FNanchor_100" href="#Footnote_100" class="fnanchor">[100]</a> In <i>Trade Auxiliary Co.</i> v. <i>Middlesborough</i>,<a id="FNanchor_101" href="#Footnote_101" class="fnanchor">[101]</a> "Stubbs' -Weekly Gazette" was protected from infringement. The gazette -contained a list of bills of sale registered under the Bills of -Sale Act and of deeds of arrangement registered under the -Deeds of Arrangement Act. The particulars of each bill of -sale had been taken from the official records, not merely from -the indexes on the official register but from the instruments -themselves, for the inspection of each of which a charge of -1s. or 2s. 6d. is made. The same and other similar lists were -also protected in <i>Cate</i> v. <i>Devon</i>.<a id="FNanchor_102" href="#Footnote_102" class="fnanchor">[102]</a></p> - -<div class="sidenote">Specifications -of -Patents.</div> - -<p>In <i>Wyatt</i> v.<i> Barnard</i><a id="FNanchor_103" href="#Footnote_103" class="fnanchor">[103]</a> Lord Chancellor Eldon refused protection -to a copy of specifications of patents taken from the -patent office. If this decision meant that a selection, arrangement, -or abridgment of the specifications in the patent office -would not be protected, it cannot be considered sound -law.</p> - -<div class="sidenote">List of Foxhounds.</div> - -<p>In <i>Cox</i> v. <i>Land and Water</i><a id="FNanchor_104" href="#Footnote_104" class="fnanchor">[104]</a> Malins, V. C., although he refused -to grant an injunction on the grounds of its probable inefficacy, -expressed a strong opinion that a list of packs of -foxhounds, with the hunting days of each pack and their respective -masters and huntsmen, was the subject of property. -The information contained in the list was obtained by issuing -circulars requesting the masters of the hunt to fill up the -required information. The Vice-Chancellor in his judgment -said:</p> - -<blockquote> - -<p>"It is clear that in this case the getting of the names of masters of -hunts, the number of hounds, the huntsmen and whips, and so forth is -information open to all those who seek to obtain it; but it is information -they must get at their own expense, as the result of their own labour, and -they are not to be entitled to the results of the labours undergone by -others."</p></blockquote> - -<p><span class="pagenum" id="Page_22">[22]</span></p> - -<div class="sidenote">Time -Tables.</div> - -<p>One of the leading cases in this branch of copyright law is -<i>Leslie</i> v. <i>Young</i>,<a id="FNanchor_105" href="#Footnote_105" class="fnanchor">[105]</a> a Scotch appeal case. The pursuer's book consisted -of a monthly penny railway time table, published in Perth. -It was compiled from the various railway companies' time -tables. Some of these were taken verbatim and some were -abridged by the smaller stations being omitted, and to the whole -was added a list of convenient circular tours around Perth -compiled by the pursuer. The defender in compiling a rival -time table, copied many of these tables and all of the circular -tours from the pursuer's book, either literally or with colourable -differences only. As regards the time tables the House -of Lords sustained the judgment of the Inner House in refusing -an interdict. The mere publication, they said, in any particular -order of the time tables which are to be found in railway -guides and the publications of the different railway companies, -could not be claimed as a subject-matter of copyright. In -dealing with the abridged time tables Lord Herschell, L. C., -said:</p> - -<blockquote> - -<p>"Looking at these tables as a whole, and having regard to the fact -that it is admitted that the defender's work is, as regards these tables, not -by any means in all respects a copy of the pursuer's work, that it was not -denied that there was a certain amount of original work done by them in -compiling these tables, and that these are the differences which have been -pointed out, I do not think that it can be said that as regards these tables -there has been an appropriation by the defender of the pursuer's work -such as to entitle the pursuer to complain and to obtain the interdict -which he claims. The real truth is that although it is not to be disputed -that there may be copyright in a compilation or abstract involving independent -labour, yet when you come to such a subject-matter as that with -which we are dealing, it ought to be clearly established that, looking at -these tables as a whole, there has been a substantial appropriation by the -one party of the independent labour of the other before any proceeding -on the ground of copyright can be justified."</p></blockquote> - -<p>As regards the circular tours the House of Lords reversed -the judgment of the Court of Session and granted an interdict. -The Lord Chancellor said:</p> - -<blockquote> - -<p>"It appears to me the only part of the work which can be said to -indicate any considerable amount of independent labour and be entitled -<span class="pagenum" id="Page_23">[23]</span> -to be regarded as an original work.... It seems to me that this was a -compilation containing an abridgment of information of a very useful -character, and such as was likely to be taken advantage of by those who -were travelling in the neighbourhood of Perth."</p></blockquote> - -<div class="sidenote">Tables of -Calculation.</div> - -<p>Mathematical calculations are undoubtedly subjects of copyright. -In <i>Baily</i> v. <i>Taylor</i><a id="FNanchor_106" href="#Footnote_106" class="fnanchor">[106]</a> Sir John Leach, M. R., evidently -assumed that they were, although in that case he refused an -injunction on the grounds that a very small part had been -copied, that what was copied could have been calculated again -in a few hours, and that there was unreasonable delay in -bringing the action. In <i>M'Neill</i> v. <i>Williams</i><a id="FNanchor_107" href="#Footnote_107" class="fnanchor">[107]</a> protection was -sought for "Comprehensive Tables for the Calculation of -Earthwork as connected with Railways," &c. Knight Bruce, -V. C., refused an interim injunction, but he did not suggest that -the calculations were not the subject of copyright.</p> - -<div class="sidenote">Forms and -Precedents.</div> - -<div class="sidenote">Conveyancing -Precedents.</div> - -<p>Forms and Precedents and similar works are made and -published for the very purpose that they should be bought and -used in business or other transactions. To this extent copying -is of course no infringement, but they will be protected -from any copying other than that which is impliedly permitted -by their publication. In <i>Webb</i> v. <i>Rose</i><a id="FNanchor_108" href="#Footnote_108" class="fnanchor">[108]</a> precedents of -conveyancing were stolen from a barrister's chambers and -printed against his will. The Court had not the least hesitation -in restraining the defendant from printing and publishing -them. In the Scotch case of <i>Alexander</i> v. <i>Mackenzie</i><a id="FNanchor_109" href="#Footnote_109" class="fnanchor">[109]</a> the claim -of "Styles and Precedents of Conveyancing" to protection -under the Copyright Acts was recognised by the Inner House. -The forms in question were drawn up from general directions -contained in the "Heritable Securities and Infeftments Acts," -and it was contended that, as all who followed these directions -must arrive at almost identically the same result, there could be -no copyright in a precedent so produced. The Court was -unanimously of opinion that although such work did not require -the exercise of original or creative genius, yet it implied -industry and knowledge, and was undoubtedly the subject of -copyright.<span class="pagenum" id="Page_24">[24]</span></p> - -<div class="sidenote">Application -Form.</div> - -<p>In <i>Southern</i> v. <i>Bailes</i><a id="FNanchor_110" href="#Footnote_110" class="fnanchor">[110]</a> a form of application by intending -students to a "Lessons by Correspondence Department" was -protected by Chitty, J. The learned judge granted an injunction -against copying the plaintiff's form, but thought it would -be dangerous to extend the injunction in such a matter to -colourable imitations, as there was a great deal in the form any -one could have put together for himself.</p> - -<div class="sidenote">Selections -and Extracts -from -Non-copyright -Works.</div> - -<div class="sidenote">Collection -of Cookery -Recipes.</div> - -<div class="sidenote">Topographical -Dictionary.</div> - -<div class="sidenote">Child's -A B C.</div> - -<div class="sidenote">"Guide to -Science."</div> - -<p>It was very early recognised that the skill and labour of -selecting and arranging extracts from previously published -books was sufficient to entitle the compiler to copyright in the -new work thereby produced.<a id="FNanchor_111" href="#Footnote_111" class="fnanchor">[111]</a> Copyright can thus be obtained -without the composition of a single sentence. There is composition, -but the composition is of new arrangement and not of -new matter. In <i>Rundell</i> v. <i>Murray</i><a id="FNanchor_112" href="#Footnote_112" class="fnanchor">[112]</a> Lord Chancellor Eldon -expressed his opinion that a collection of cookery recipes -would have entitled the plaintiff who collected them to copyright, -even if she had merely embodied and arranged them in -a book. If, however, she had only collected them and handed -them over to the publishers, he did not think that would give -her copyright. In <i>Lewis</i> v. <i>Fullarton</i><a id="FNanchor_113" href="#Footnote_113" class="fnanchor">[113]</a> "The Topographical Dictionary -of England," which consisted partly of compilations and -selections from former works, was recognised as being the -subject of copyright. In <i>Lennie</i> v. <i>Pillans</i><a id="FNanchor_114" href="#Footnote_114" class="fnanchor">[114]</a> the Court of Session -in Scotland were of opinion that "The Child's A B C," consisting -in a great degree of extracts from and repetition of previous -publications by other authors, was entitled to protection on -account of the original arrangement, selection, abridgment, or -amplification of such borrowed materials. In <i>Jarrold</i> v. <i>Houlston</i><a id="FNanchor_115" href="#Footnote_115" class="fnanchor">[115]</a> -Page Wood, V. C., granted an injunction against the piracy of -Dr. Brewer's "Guide to Science." The book was intended for -the instruction of tiros in science, and was composed largely -from previous works, aided by notes taken from time to time of -popular ideas concerning various scientific phenomena. The -Vice-Chancellor said: -<span class="pagenum" id="Page_25">[25]</span></p> - -<blockquote> - -<p>"That an author has a copyright in a work of this description is beyond -all doubt. If any one by pains and labour collects and reduces into the -form of a systematic course of instruction those questions which he may -find ordinary persons asking in reference to the common phenomena of -life, with answers to these questions and explanations of these phenomena, -whether such explanations and answers are furnished by his own recollection -of his former general reading or out of works consulted by him for -the express purpose, the reduction of questions so collected, with such -answers under certain heads and in a scientific form, is amply sufficient -to constitute an original work of which the copyright will be protected."</p></blockquote> - -<div class="sidenote">French -Dictionary.</div> - -<p>The same judge, in <i>Spiers</i> v. <i>Brown</i>,<a id="FNanchor_116" href="#Footnote_116" class="fnanchor">[116]</a> in considering an alleged -infringement of "Spiers' School Dictionary," said:</p> - -<blockquote> - -<p>"In a large part of his work Dr. Spiers could have no copyright as to -words and expressions, though he might have it as to new words introduced -or new acceptations, or as to the order and arrangement by which -he improved the particular work he had in hand."</p></blockquote> - -<div class="sidenote">Selections -of Poetry.</div> - -<p>In an Indian case Palgrave's "Golden Treasury of Songs -and Lyrics" was protected. It consisted in a selection and -arrangement of poems and fragments of poems from the non-copyright -works of many poets. The defendant took the -selected portions, rearranged them, and made a few additions. -His book was condemned as an infringement.<a id="FNanchor_117" href="#Footnote_117" class="fnanchor">[117]</a></p> - -<div class="sidenote">Abridgments.</div> - -<p>Lawfully made abridgments are protected on account of -the judgment which the abridger must exercise in order to do -his work well.<a id="FNanchor_118" href="#Footnote_118" class="fnanchor">[118]</a></p> - -<div class="sidenote">Translations.</div> - -<p>Lawfully made translations are also protected as if they -were original works.<a id="FNanchor_119" href="#Footnote_119" class="fnanchor">[119]</a> The protection will only extend to the -work of the translator. A translator by translating a non-copyright -work acquires no exclusive right to translate. -Others may do the same from the original non-copyright -source.</p> - -<div class="sidenote">Adaptations.</div> - -<p>An author is entitled to copyright by reason of lawful -adaptation of a book from one form to another; thus, if he -dramatizes a novel, or by material alteration and rearrangement -<span class="pagenum" id="Page_26">[26]</span> -produces a new version of an old play.<a id="FNanchor_120" href="#Footnote_120" class="fnanchor">[120]</a> The adaptation -of music, for instance an opera score for the pianoforte,<a id="FNanchor_121" href="#Footnote_121" class="fnanchor">[121]</a> -or the rearrangement of an old tune,<a id="FNanchor_122" href="#Footnote_122" class="fnanchor">[122]</a> is the subject of -copyright.</p> - -<div class="sidenote">New Editions -and -Notes.</div> - -<p>New editions either of copyright or non-copyright works -are protected as original books, but only to the extent to -which they consist of original material in the way of notes to, -or substantial revision and alteration of the old text. Lord -Chancellor Hardwicke<a id="FNanchor_123" href="#Footnote_123" class="fnanchor">[123]</a> granted an injunction against the piracy -of a new edition of Milton's "Paradise Lost" containing original -notes by Dr. Newton. In <i>Cary</i> v. <i>Longman</i><a id="FNanchor_124" href="#Footnote_124" class="fnanchor">[124]</a> new material added -to an old road-book was protected. In <i>Murray</i> v. <i>Bogue</i><a id="FNanchor_125" href="#Footnote_125" class="fnanchor">[125]</a> in the -case of a subsequent edition of a guide-book, Kindersley, V. C., -said:</p> - -<blockquote> - -<p>"If a man prints a second edition, not being a mere reprint of the -first edition, but containing considerable and material alterations and -additions, <i>quoad</i> those, it is a new work."<a id="FNanchor_126" href="#Footnote_126" class="fnanchor">[126]</a></p></blockquote> - -<p>In <i>Cadell</i> v. <i>Anderson</i><a id="FNanchor_127" href="#Footnote_127" class="fnanchor">[127]</a> the Court of Session in Scotland -held that the pursuers had the sole right of printing and -reprinting "Blackstone's Commentaries;" and as regards those -editions in which there were corrections and continuations, -their term of copyright began to run afresh with respect to -such new material. In <i>Black</i> v. <i>Murray & Son</i><a id="FNanchor_128" href="#Footnote_128" class="fnanchor">[128]</a> the notes -in Lockhart's edition of Scott's "Border Minstrelsy" were -protected, the copyright in the original edition of the "Border -Minstrelsy" having expired. Lord President Inglis, in the -course of a long and elaborate judgment, said:</p> - -<blockquote> - -<p>"Questions of great nicety and difficulty may arise as to how far a -new edition of a work is a proper subject of copyright at all; but that -must always depend upon circumstances. A new edition of a book -<span class="pagenum" id="Page_27">[27]</span> -may be a mere reprint of an old edition, and plainly that would not -entitle the author to a new term of copyright running from the date of -the new edition. On the other hand, the new edition of a book may -be so enlarged and improved as to constitute in reality a new work, -and that just as clearly will entitle the author to a copyright running -from the date of the new edition.... That there may be copyright -in the notes, even when the book is not under the protection of copyright, -is quite a fixed principle in the law, and most desirably so. There -is no doubt that the compilation of good notes to a standard work is -a task worthy of the highest literary talents and reputation.... Of the -200 notes the defender's counsel tells us that 15 only consist of original -matter, while the remaining 185 are quotations from other books and -authors. Now this seemed to be considered to be a sort of disparagement -of the value of the notes, in which I cannot at all agree.... -The quotations are, in many places, most apposite, and highly illustrative -of the text, and exceedingly interesting to the reader, and certainly -the selection and application of such quotations from other books may -exercise as high literary faculties as the composition of original matter."</p></blockquote> - -<p>If a new edition is a mere reprint of what has been published -in "book" form before, it is obvious that no new or -independent copyright can be claimed in it.<a id="FNanchor_129" href="#Footnote_129" class="fnanchor">[129]</a> So also if -there are only slight corrections, verbal alterations, and the -like. Lord Mackenzie, in the Scotch case of <i>Hedderwick</i> v. -<i>Griffin</i>,<a id="FNanchor_130" href="#Footnote_130" class="fnanchor">[130]</a> said:</p> - -<blockquote> - -<p>"I doubt very much if there can be right of literary property in the -exclusion from an edition of the works of any author of articles not truly -written or published by that author, or in the correction of accidental -errors, or in the mere order and titles of articles which seem to be all, -or nearly all, that can be claimed by the pursuers in this case."<a id="FNanchor_131" href="#Footnote_131" class="fnanchor">[131]</a></p></blockquote> - -<p>The publication of an old work with an index not previously -published would undoubtedly be copyright as to the -index.<a id="FNanchor_132" href="#Footnote_132" class="fnanchor">[132]</a></p> - -<p>In <i>Black</i> v. <i>Murray</i><a id="FNanchor_133" href="#Footnote_133" class="fnanchor">[133]</a> Lord Deas was of opinion that the -alteration of a single word in a poem was sufficient to give a -new edition an independent copyright, inasmuch as the -alteration was very important and entirely altered the meaning -of the line in which it was used. The other judges, however, -<span class="pagenum" id="Page_28">[28]</span> -did not altogether concur in Lord Deas' opinion; and it -would seem that his lordship stretched the law as to new -editions too far.</p> - -<div class="sidenote">Reports.</div> - -<div class="sidenote">Law Reports.</div> - -<p>The question whether a verbatim report of oral proceedings -is a "book" within the meaning of the Copyright Acts -was long a moot question. That there might be copyright -in law reports and similar matter, in so far as they consisted -of a summary of the proceedings in the author's own language, -was early recognised. In <i>Butterworth</i> v. <i>Robinson</i><a id="FNanchor_134" href="#Footnote_134" class="fnanchor">[134]</a> the "Term -Reports"; in <i>Sweet</i> v. <i>Shaw</i>,<a id="FNanchor_135" href="#Footnote_135" class="fnanchor">[135]</a> Meeson and Welsby's reports, and -others; and in <i>Sweet</i> v. <i>Maughan</i><a id="FNanchor_136" href="#Footnote_136" class="fnanchor">[136]</a> the reports in the "Jurist" -were protected; but it does not appear in the reports of these -cases whether any copyright was claimed in the verbatim -reports of the judgment of the Court. In <i>Saunders</i> v. <i>Smith</i><a id="FNanchor_137" href="#Footnote_137" class="fnanchor">[137]</a> -Lord Cottenham, L. C., refused an injunction against "Smith's -Leading Cases" on equitable grounds, but said he would not -decide the legal question as to whether that publication infringed -the copyright in the "Term Reports" and others. -In <i>Sweet</i> v. <i>Benning</i><a id="FNanchor_138" href="#Footnote_138" class="fnanchor">[138]</a> the defendants published a "Monthly -Digest" into which were copied numerous head notes of cases -taken bodily from the "Jurist." The Court held that these -head notes were copyright, and that the defendant's work was -an infringement.</p> - -<blockquote> - -<p>"The head note or the side or marginal note of a report is a thing -upon which much skill and exercise of thought are required to express in -clear and concise language the principle of law to be deduced from the -decision to which it is prefixed, or the facts and circumstances which -bring the case in hand within some principle or rule of law or of -practice."<a id="FNanchor_139" href="#Footnote_139" class="fnanchor">[139]</a></p></blockquote> - -<div class="sidenote">Verbatim -Reports.</div> - -<p>So far, therefore, as appears from the reports of these cases -our Courts had only recognised copyright in the matter of -reports to the extent to which that matter was the composition -of the author, only, in short, when it was a description in his -own language of what had taken place. The American Courts -had held<a id="FNanchor_140" href="#Footnote_140" class="fnanchor">[140]</a> that there was no copyright in the verbatim report -<span class="pagenum" id="Page_29">[29]</span> -of a judgment of the Court, but their decisions were based to a -large extent on the ground of public policy. The judgments of -the Court, they said, were published to the whole of the people -of the United States, and no individual could acquire a -monopoly with respect to them. <i>Walter</i> v. <i>Lane</i><a id="FNanchor_141" href="#Footnote_141" class="fnanchor">[141]</a> has to a large -extent cleared up the doubtful state of our law as regards -reports, but it cannot be said that it has done so entirely. -<i>Walter</i> v. <i>Lane</i><a id="FNanchor_142" href="#Footnote_142" class="fnanchor">[142]</a> decides that a reporter can have copyright in a -verbatim report of the oral utterances of another from whom -he derives no title. In that case certain reporters of the <i>Times</i> -were present at various meetings at which Lord Rosebery -made speeches. These speeches were taken down in shorthand -and appeared in the <i>Times</i> the following morning, reproducing -as nearly as possible verbatim the words which Lord -Rosebery had spoken. Lane, a publisher, subsequently published -a book entitled "Appreciations and Addresses: Lord -Rosebery," and purporting to be a collection of some of Lord -Rosebery's speeches. Five of the speeches in this book were taken -from the reports in the <i>Times</i>, as was admitted by the defendant, -substantially verbatim. The House of Lords reversing the -judgment of the Court of Appeal and restoring the judgment of -North, J., held that the reports in the <i>Times</i> were copyright, -and that the reporters' assignees, the proprietors of the <i>Times</i>, -were the owners of the copyright. Lord Chancellor Halsbury -in his judgment said:</p> - -<blockquote> - -<p>"My Lords, I should very much regret it if I were compelled to come -to the conclusion that the state of the law permitted one man to make -profit and to appropriate to himself the labour, skill, and capital of another. -And it is not denied that in this case the defendant seeks to appropriate -to himself what has been produced by the skill, labour, and capital of -others. In the view I take of this case I think the law is strong enough -to restrain what to my mind would be a grievous injustice.... The -speeches and the sheets of letterpress in which they were contained were -books first published in this country; and I confess, upon looking at the -definition and the right conferred, I am wholly unable to discern why -they are not protected by the statute from being pirated by unauthorised -persons. The sole ground, as I understand the judgment of the Court -of Appeal, is that in their judgment the producer of a written speech, -<span class="pagenum" id="Page_30">[30]</span> -unless he is the original speaker, cannot be an 'author' within the -meaning of the Act. My Lords, it seems to me that this argument is -based upon too narrow and misleading a use of the word 'author.'... -The producer of this written composition is, to my mind, the person who -is the author of the book within the meaning of the statute.... I do -not find the word 'original' in the statute, or any word which imparts it -as a condition precedent, or makes originality of thought or idea necessary -to the right."<a id="FNanchor_143" href="#Footnote_143" class="fnanchor">[143]</a></p></blockquote> - -<p>We must be careful not to carry the doctrine of <i>Walter</i> v. -<i>Lane</i><a id="FNanchor_144" href="#Footnote_144" class="fnanchor">[144]</a> further than the actual decision warrants. It should be -noticed, for instance, that the essence of the case is that the -reporter was entitled to copyright, because it was he who -first reduced to "book" form the literary composition contained -in Lord Rosebery's speeches. If, therefore, Lord Rosebery had, -before delivering his speeches, done as some statesmen and many -clergymen do, <i>i. e.</i>, reduced them to writing, the reporter would -probably not have had copyright, since his report would then have -been a mere copy of the speaker's original manuscript, a very -different thing from being the first manuscript.<a id="FNanchor_145" href="#Footnote_145" class="fnanchor">[145]</a> Again, it must -be noticed that Lord Rosebery claimed no proprietary right in -his speeches. It was admitted by counsel that he had freely -abandoned his words to the world so that any one might make -of them what use he pleased. Lord Rosebery might have -secured a right in his own speeches if he had cared to do so. -He might have delivered them to a limited audience<a id="FNanchor_146" href="#Footnote_146" class="fnanchor">[146]</a> under an -implied contract that those who heard his speeches should -make no other use of them except by listening to them and -benefiting by the entertainment and general information conveyed. -Possibly he might also have secured a statutory copyright -in them as lectures by giving notice in writing two days before -delivering the same to two justices living within four miles of -the place of delivery.<a id="FNanchor_147" href="#Footnote_147" class="fnanchor">[147]</a> If in either of these ways Lord Rosebery -had secured a proprietary right for himself it is doubtful -whether a reporter unauthorised by him could have acquired -copyright in his report. The report would have been an -infringement of Lord Rosebery's rights, but the reporter might -<span class="pagenum" id="Page_31">[31]</span> -nevertheless be held to have a copyright against the rest of -the world. It should also be noticed in connexion with this -case that it was expressly stated by the judges in the House of -Lords that any number of reporters could make a report of -the same speech, and each would have a separate copyright. -In <i>Walter</i> v. <i>Lane</i><a id="FNanchor_148" href="#Footnote_148" class="fnanchor">[148]</a> the defendant admitted that he took his -book from the <i>Times'</i> report. It is obvious, however, that if a -speech were reported in, say, six newspapers, any one could -reprint it, and by careful correction of the parts in which the -reports varied baffle any one of the newspaper proprietors in -an attempt to prove that the speech was taken from his newspaper. -Another question with regard to verbatim reports, -which is not necessarily covered by <i>Walter</i> v. <i>Lane</i>,<a id="FNanchor_149" href="#Footnote_149" class="fnanchor">[149]</a> is in -reference to verbatim reports of judgments in the Courts. -Will the American doctrine be adopted that it is against public -policy that there should be any monopoly in them?<a id="FNanchor_150" href="#Footnote_150" class="fnanchor">[150]</a></p> - -<div class="sidenote">Mechanical -Devices.</div> - -<div class="sidenote">Cricket -Scoring -Card.</div> - -<p>The law of copyright does not protect anything in the -nature of a mechanical device, except in so far as apart from -any mechanical application it conveys ideas or information -to the person reading it. In <i>Page</i> v. <i>Wisden</i><a id="FNanchor_151" href="#Footnote_151" class="fnanchor">[151]</a> it was claimed by -the plaintiff that he had literary copyright in a cricket-scoring -card, the only novelty in which was a line along which could be -indicated "Runs at the fall of each wicket." Malins, V. C., held -that such a thing was not a book within the Act, and characterised -it as absurd to contend that a particular mode of ruling -a book constituted an object for a copyright.<a id="FNanchor_152" href="#Footnote_152" class="fnanchor">[152]</a></p> - -<div class="sidenote">Shadow -Trick.</div> - -<div class="sidenote">Barometer -Face.</div> - -<p>In <i>Cable</i> v. <i>Mark</i>,<a id="FNanchor_153" href="#Footnote_153" class="fnanchor">[153]</a> Bacon, V. C., refused to protect under the -Literary Act "The Christograph—the Christian's Puzzle: suitable -for all sects and denominations." This consisted of an -envelope on which the above title was inscribed. Inside the -envelope was a card perforated in such a way that when held -up in a strong light it threw upon the wall a shadow which was -supposed to represent the picture "Ecce Homo." The Vice-Chancellor -in his judgment described it as a mere child's trick -<span class="pagenum" id="Page_32">[32]</span> -and nothing else. The face of a barometer was held by Chitty, J., -in <i>Davis</i> v. <i>Comitti</i><a id="FNanchor_154" href="#Footnote_154" class="fnanchor">[154]</a> not to be a book. It consisted of a circular -card on which were printed various words such as "set fair," -"high winds," &c., and on which the hands of the barometer -moved. The learned judge said:</p> - -<blockquote> - -<p>"Separated from the instrument it was not intended to have and -has no use or meaning whatever. Regarded as a card apart from -the instrument it not only foretells nothing, but tells nothing. By -reading the printed matter on the card alone, no intelligible proposition -is arrived at."</p></blockquote> - -<div class="sidenote">Sleeve -Chart.</div> - -<p>Protection was claimed in <i>Hollinrake</i> v. <i>Truswell</i><a id="FNanchor_155" href="#Footnote_155" class="fnanchor">[155]</a> for a cardboard -pattern sleeve called the "Cosmopolitan Sleeve Chart." -It consisted of a piece of cardboard cut to suitable shape and -size and marked with figures and directions, such as "measure -round the thick part of the arm," and it was intended to be -used for the purpose of measuring and cutting out sleeves. -The Court of Appeal reversed the judgment of Wright, J., and -dismissed the action. Lord Herschell said:</p> - -<blockquote> - -<p>"The object of the Copyright Act was to prevent any one publishing -a copy of the particular form of expression in which an author conveyed -ideas or information to the world. These may be retained by any one, -although the book, map, or chart which embodied them has passed out of -his possession. If he were to commit to memory the contents of the book -or the information disclosed by the map or chart, he would be as much in -possession of the author's ideas or information as if the book, map, or -chart were physically in his hands. But this is not the case with the -words or figures upon the sleeve chart. They are intended to be used, -and can only be used in connection with that upon which they are inscribed.... -I think it clear, therefore, that what the plaintiff has sought -to protect under the Act for the protection of literary productions is not a -literary production, but an apparatus for the use of which certain words -and figures must necessarily be inscribed upon it."<a id="FNanchor_156" href="#Footnote_156" class="fnanchor">[156]</a></p></blockquote> - -<div class="sidenote">Railway -Ticket.</div> - -<p>In a Canadian case a railway ticket containing the names -of stations on the line and dates so arranged that when punched -it indicated where the holder was entitled to travel, was refused -<span class="pagenum" id="Page_33">[33]</span> -protection. It was said that without the application of the -conductor's punch, the ticket was senseless and meaningless.<a id="FNanchor_157" href="#Footnote_157" class="fnanchor">[157]</a></p> - -<div class="sidenote">Scroll for -Mechanical -Instrument -and Directions -thereon.</div> - -<p>In <i>Boosey</i> v. <i>Whight</i><a id="FNanchor_158" href="#Footnote_158" class="fnanchor">[158]</a> it was held that a sheet of music was -not infringed by a perforated scroll for use in a mechanical instrument; and further, that the directions in the printed -music, <i>e. g.</i> <i>pp.</i>, <i>crescendo</i>, were not the subject of copyright -apart from the printed sheet, and therefore might be taken and -used in conjunction with the perforated scroll. It seems to -follow that neither the perforated scroll nor the directions thereon -would constitute a "book" within the meaning of the Act.</p> - -<div class="sidenote">Sporting -Tips.</div> - -<p><i>Chilton's Special Guide</i> published weekly sporting information. -Among other matter it contained their sporting prophet's -"tips" for the big races in the ensuing week. This was contained -in a list, thus:</p> - -<table class="list" summary="One Horse Selections."> - <tr> - <th colspan="3"><span class="smcap">One Horse Selections.</span></th> - </tr> - <tr> - <td><i>Tuesday</i></td> - <td class="i10"></td> - <td>Keelson.</td> - </tr> - <tr> - <td><i>Wednesday</i></td> - <td class="i10"></td> - <td>Priestholm.</td> - </tr> - <tr> - <td><i>Thursday</i></td> - <td class="i10"></td> - <td>Cœlus.</td> - </tr> - <tr> - <td><i>Friday</i></td> - <td class="i10"></td> - <td>Dromonby.</td> - </tr> -</table> - -<p>The Progress Printing and Publishing Company published -daily at the various race meetings racing sheets with the day's -"tips" from various sporting papers, thus:</p> - -<table class="list" summary="One Horse Selections."> - <tr> - <th colspan="3"><span class="smcap">The Specials, One Horse Trials</span>.</th> - </tr> - <tr> - <td><i>The Jockey</i></td> - <td class="i10"></td> - <td>Rusina</td> - </tr> - <tr> - <td><i>Racing World</i></td> - <td></td> - <td>Keelson</td> - </tr> - <tr> - <td><i>Gale's</i></td> - <td></td> - <td>Keelson</td> - </tr> - <tr> - <td><i>Chilton</i></td> - <td></td> - <td>Keelson.</td> - </tr> - <tr> - <td><i>Grant's Opinion</i></td> - <td></td> - <td>Juda.</td> - </tr> - <tr> - <td><i>Turf Marvel</i></td> - <td></td> - <td>Kenney.</td> - </tr> -</table> - -<p>The Court of Appeal held<a id="FNanchor_159" href="#Footnote_159" class="fnanchor">[159]</a> that there could be no copyright -in the individual selections for each day, but suggested -that there might be copyright in the list of selections for the -week, and that it would be an infringement to take it bodily. -Lindley, L. J., in giving judgment, said:</p> - -<blockquote> - -<p>"Unless you find the one horse selection and that block which is headed -by the title 'One Horse Selections' in the shape in which the plaintiff -<span class="pagenum" id="Page_34">[34]</span> -has published it, I doubt whether you can bring it within literary composition -at all. Perhaps the whole of that might be called literary composition; -but there is no literary composition in the word 'Priestholm.'"<a id="FNanchor_160" href="#Footnote_160" class="fnanchor">[160]</a></p></blockquote> - -<div class="sidenote">Illustrations.</div> - -<div class="sidenote">To Non-copyright -Letterpress.</div> - -<p>Engravings, prints, designs, or other reproductions of -artistic matter will be protected under the law of literary -copyright either when published in the form of a volume or -when published in connexion and together with letterpress. -By this means compliance with the stringent requirements of -the Acts relating to artistic copyright is avoided. The first -case where an illustration was held to be part of a book, and -therefore protected under 5 & 6 Vict. c. 45, was <i>Bogue</i> v. -<i>Houlston</i>.<a id="FNanchor_161" href="#Footnote_161" class="fnanchor">[161]</a>. The plaintiff published some old non-copyright -tales, including "Reynard the Fox," and illustrated them with -original drawings of animals. These woodcuts were pirated by -the defendants, and used as illustrations in their serial publication, -"The Story-Book for Young People, by Aunt Mary." -The plaintiff did not claim copyright in any letterpress.<a id="FNanchor_162" href="#Footnote_162" class="fnanchor">[162]</a> The -defendants maintained that the woodcuts not having been -published so as to comply with the provisions of the Engravings -Acts, could not be protected from piracy. It was held, -however, that they were part of a book. Parker, V. C., in -giving judgment, quoted the definition of a book from the -Act 5 & 6 Vict. c. 45, and continued:</p> - -<blockquote> - -<p>"This definition does not extend to prints or designs separately published, -but only to the prints and designs forming part of a book, and the -book is not less a book because it contains prints or designs or other illustrations -of the letterpress. This Act vested in the proprietor of such book -duly registered the right to sue in respect of any invasion or infringement -of the copyright of his book. It appears to me that a book must include -every part of the book; it must include every print, design, or engraving -which forms part of the book as well as the letterpress therein which is -another part of it."<a id="FNanchor_163" href="#Footnote_163" class="fnanchor">[163]</a></p></blockquote> - -<div class="sidenote">No Letterpress.</div> - -<div class="sidenote">Christmas -Card.</div> - -<div class="sidenote">Plate -issued -separately.</div> - -<p>In <i>Maple & Co</i>. v. <i>Junior Army and Navy Stores</i>,<a id="FNanchor_164" href="#Footnote_164" class="fnanchor">[164]</a> the engravings -in an illustrated catalogue, containing almost no letterpress, -were protected under 5 & 6 Vict. c. 45. "There may -<span class="pagenum" id="Page_35">[35]</span> -be such things," said Jessel, M. R., "as picture-books for those -who cannot read letterpress."<a id="FNanchor_165" href="#Footnote_165" class="fnanchor">[165]</a> In <i>Hildesheimer & Faulkner</i> v. -<i>Dunn & Co.</i>,<a id="FNanchor_166" href="#Footnote_166" class="fnanchor">[166]</a> protection was claimed for a Christmas card cut -out and painted in the form of a lady's hand. It opened out -book-wise, and inside were delineated the lines of life according -to the rules of palmistry, and on one side there was an -original verse. This work was registered both under 5 & 6 -Vict. c. 45 as a book and 25 & 26 Vict. c. 68 as a painting. -Kekewich, J., in granting an injunction against a piracy, said -he would not decide whether the work was a picture or a book, -but as it was well registered under both Acts, an action lay. -In <i>Comyns</i> v. <i>Hyde</i>,<a id="FNanchor_167" href="#Footnote_167" class="fnanchor">[167]</a> a coloured plate representing an Orpington -cock was issued with the weekly number of a serial publication -called <i>The Feathered World</i>. The plate was not in any -way physically connected with the rest of the publication, but -it was illustrative of an article in the journal, and a copy was -given to every purchaser. Stirling, J., held that it must be -protected as part of the book. If a plate or picture has been -previously published in separate form, without complying with -the provisions of the Engravings Acts, it will not subsequently -receive protection by reason of its incorporation into a volume.<a id="FNanchor_168" href="#Footnote_168" class="fnanchor">[168]</a> -In <i>Strong</i> v. <i>Worskett</i><a id="FNanchor_169" href="#Footnote_169" class="fnanchor">[169]</a> a magazine was before publication -advertised by means of illustrated posters. The same illustration -as appeared on the posters was afterwards reproduced -in the magazine. It was held that it could not be protected -as part of the magazine. The result of these decisions appears -to be that an artistic work will be protected under the Literary -Copyright Act, 1842, if it is bound up with other artistic works -in the form of a volume, or if it is published in connexion -with letterpress. The picture on a Christmas card on which -there are also verses, would, it is submitted, be protected -as a book, and, it would seem, whether or not the verses were -copyright, and whether or not (but this is more doubtful) the -picture was in any way illustrative of the verses. It is also -submitted that an engraving published in a magazine without -<span class="pagenum" id="Page_36">[36]</span> -any relation to the letterpress, except that of physical connexion, -would be protected as part of the book; but an engraving -or print which had neither any relation to the letterpress nor -physical connexion would probably not be protected even -although issued gratis with every copy of the magazine.</p> - -<p>It need hardly be said that anonymous works are entitled -to copyright. The publication of a work without the author's -name is not to be construed as an abandonment of the literary -property.<a id="FNanchor_170" href="#Footnote_170" class="fnanchor">[170]</a></p> - -<div class="sidenote">Maps.</div> - -<p>Maps, charts, and plans are expressly included in the -definition of a "book." If incorporated in a volume they will -be protected with the rest of the volume under its general -title; if published separately they will be protected as "books" -by themselves. The meaning of "maps," &c., will be literally -construed; but it must be something which in itself conveys -information to the person studying it. Davey, L. J., in speaking -of maps, said<a id="FNanchor_171" href="#Footnote_171" class="fnanchor">[171]:</a>—</p> - -<blockquote> - -<p>"I agree ... that a 'map' is not confined to what is popularly known -as a map—viz. a geographical map; and that a 'chart' is not confined to -what is popularly called a chart—viz. a map of a portion of the seas -showing the rocks, soundings, and such-like information for the use of -navigators.... There may, no doubt, be an anatomical and physiological -plan showing the structure and distribution of the muscles and bones of -the human arm, or any other part of the human frame, which would be -protected by the Copyright Act."</p></blockquote> - -<div class="sidenote">Music.</div> - -<p>The exclusive right of making copies of original music is -expressly protected by the Act of 5 & 6 Vict. c. 45 under the -definition of a book. Under the statute of Anne it was protected -by case law, "book" being held to include a volume -or sheet of music.<a id="FNanchor_172" href="#Footnote_172" class="fnanchor">[172]</a></p> - -<h3><span class="smcap">Section II.—Publication.</span></h3> - -<p>Publication divests the author or proprietor of an unpublished -work of his common law rights therein. After -<span class="pagenum" id="Page_37">[37]</span> -publication his right to protection depends solely upon the -statute. Publication must be looked at from two points of view—divestitive, -<i>i. e.</i> as taking away the author's common law -right; and investitive, <i>i. e.</i> as clothing him with the statutory -right.</p> - -<p><b>Divestitive Publication.</b>—If a literary work is communicated -to the public without restriction, the common law right of -the author terminates. This may be done orally or by written or -printed manuscript. Either kind of communication, however, -may be so limited as not to amount to a publication. A -drama or musical work is not published by being publicly -performed in a theatre or concert room,<a id="FNanchor_173" href="#Footnote_173" class="fnanchor">[173]</a> since the communication -is limited to those who have paid their price for -admission, and they are admitted under an implied contract -that they will not make any use of what they hear except for -their own entertainment and instruction. The same applies to -lectures delivered at a University<a id="FNanchor_174" href="#Footnote_174" class="fnanchor">[174]</a> or by a private lecturer.<a id="FNanchor_175" href="#Footnote_175" class="fnanchor">[175]</a> The -question as to when a public speaker or preacher publishes the -speech or sermon which he delivers is one of extreme difficulty, -and depends on the relation of the speaker to his audience.<a id="FNanchor_176" href="#Footnote_176" class="fnanchor">[176]</a> -If a literary composition is orally communicated in a place to -which all have admission as of right, or to which all are admitted -without distinction, and where there are no circumstances -from which a contractual relationship between the speaker and -his audience can be inferred, the matter so communicated will -be abandoned to the public to make what use of it they please. -Similarly communication by means of manuscript or print may -be limited or unlimited. Private distribution of copies of a -book is not publication, because the essence of publication is -that the matter must be available to all comers and not only -to a class;<a id="FNanchor_177" href="#Footnote_177" class="fnanchor">[177]</a> but the issue of a book to subscribers only would -<span class="pagenum" id="Page_38">[38]</span> -be publication if the subscription list was open to the public at -large, and even although the number of copies available was -very small. In one case<a id="FNanchor_178" href="#Footnote_178" class="fnanchor">[178]</a> the words of a song were held to be -published by being printed on a music-hall programme and -distributed in the streets as an advertisement. Exhibition in a -public place without distribution of copies would undoubtedly -be divestitive publication. Divestitive publication must be -with the consent of the proprietor; an unlicensed publication -would merely be an infringement of his rights.</p> - -<p><b>Investitive Publication.</b>—Publication vests the statutory -right of copyright, but a publication which divests the common -law right does not necessarily invest the statutory right. An -investitive publication is of necessity also a divestitive publication, -but not <i>vice versâ</i>. The principal distinction is that an -investitive publication must be a publication of a book, while a -divestitive publication is a publication of the literary composition -which is or may be contained in a book. Thus the -delivery of a lecture does not vest copyright, although under -certain circumstances it may divest the common law right. -The book itself must be given to the public, and not merely -the contents, in order to secure copyright. It has been suggested -that a book will not be published within the meaning of -the Copyright Act unless it is also printed. There is certainly -some colour for this suggestion. The Act 5 & 6 Vict. c. 45 -gives protection to all books which are "published" without -any express restriction to printed books. It seems to be -assumed, however, throughout the Act that a book when published -must necessarily be in print. For instance, section 6 -requires "That a printed copy ... shall be delivered at the -British Museum." In section 11 again, where provision is -made for registration, it is not contemplated that a book in -which there is copyright could be in manuscript, although the -section makes express provision for the registration of manuscript -dramatic and musical pieces, in respect of performing -right. There is no authority on this point. In <i>White</i> v. <i>Geroch</i><a id="FNanchor_179" href="#Footnote_179" class="fnanchor">[179]</a> -it was said that publication of a musical piece in manuscript -<span class="pagenum" id="Page_39">[39]</span> -vested the statutory copyright; but this was under the statute -of Anne, which seems expressly to contemplate publication in -manuscript which 5 & 6 Vict. certainly does not. In <i>Boucicault</i> -v. <i>Chatterton</i><a id="FNanchor_180" href="#Footnote_180" class="fnanchor">[180]</a> James, L. J., says: "a book is published by -being printed and issued to the public;" but this was said -only in illustration of the point he was then making, viz. -that publication does not necessarily mean the same thing -in dealing with copyright as it does in dealing with performing -right. On the whole, although the point is extremely -doubtful, I am of opinion that printing is not required. -Suppose an illuminated hand-made book, fifty copies -put on the market, is that to be denied copyright? If it is, the -result seems to be that it is unprotected from piracy, since the -common law right terminates with unconditional publication. -Another point on publication has been raised but not decided, -viz.: Must there be a distribution of copies to the public, or -will it be sufficient if one or more copies are made accessible -to the public; for instance, by deposit of a copy at the British -Museum or in other public libraries. Sir James Stephen, in his -Digest appended to the "Report of the Copyright Commission, -1878," Art. 4, says: "publication ... means in reference to -books, publication for sale;" and James, L. J., as cited above, -suggests that there must be an "issuing to the public." On the -other hand, the disjunctive use of the terms "published" and -"offered for sale " in section 6 of 5 & 6 Vict. c. 45 is rather in -favour of the view that there can be investitive publication -without "offering for sale." Analogy from other branches of -the law is unreliable; the exhibition of a picture in a public -gallery is publication of the picture,<a id="FNanchor_181" href="#Footnote_181" class="fnanchor">[181]</a> but that is the only way in -which a picture can be published. On the whole, I think that -if the public have free and unrestricted access to a book there -will be publication, even although they may not be able to -procure copies for themselves. Something might depend on -the rules of a library where the book was deposited.</p> - -<p>There is a common practice among publishers to accept as -proof of first publication a receipt given on the sale of a single -<span class="pagenum" id="Page_40">[40]</span> -copy of the book. No doubt this is <i>primâ facie</i> proof of publication, -but the sale of a single copy does not necessarily imply -publication, and it would be open to any one disputing the -date of the publication to say that the sale was collusive, and -that the book was not at that time, as it must be in order to -constitute publication, offered to the public. It would be sufficient -publication for the publisher to place copies, or even one -copy of the book, in his window for sale. The record in his -books should be sufficient evidence of the date if it is disputed.</p> - -<p>In a case<a id="FNanchor_182" href="#Footnote_182" class="fnanchor">[182]</a> under the statute of Anne it was held that publication -must be by or on behalf of the proprietor, or at least -with the view of conferring copyright upon him. The publication -in that case was made by an oral assignee to whom the -author had purported to convey the exclusive right of publication -in the United Kingdom. It was held that the assignee had -no copyright because there was no written assignment, and that -the author did not acquire copyright because the publication -was not on his behalf. The result seems to be that the copyright -was lost. If the principle is sound, which is extremely -doubtful, it might be applied to the case of first publication by -a licensee, unless it could be implied from the contract between -the licensor and licensee that the licensee was not acting -entirely on his own behalf, but also on behalf of his licensor -to secure copyright.</p> - -<p><b>First Publication within the British Dominions.</b>—Under the -Act of 5 & 6 Vict. c. 45, it was held essential that first publication -should be within the United Kingdom;<a id="FNanchor_183" href="#Footnote_183" class="fnanchor">[183]</a> but since -the International Act of 1886<a id="FNanchor_184" href="#Footnote_184" class="fnanchor">[184]</a> first publication anywhere -within the British dominions will equally secure copyright. -If a book is published simultaneously within and without the -dominions it is sufficient.<a id="FNanchor_185" href="#Footnote_185" class="fnanchor">[185]</a> Publication a day later than publication -abroad would probably lose the copyright; but if on -the same day, even although an hour or two later, it would -be deemed simultaneous. If a serial story in a periodical is -<span class="pagenum" id="Page_41">[41]</span> -being published simultaneously, say here and in the United -States, some parts may have lost their copyright by too hasty -publication in America, but this would not deprive the whole -serial of copyright if the other parts were "first published" -within the British dominions.<a id="FNanchor_186" href="#Footnote_186" class="fnanchor">[186]</a> The date on the title-page -of an American book has been held not to be conclusive -evidence of the time of publication in the United -States.<a id="FNanchor_187" href="#Footnote_187" class="fnanchor">[187]</a> It is quite immaterial where the manuscript is -written;<a id="FNanchor_188" href="#Footnote_188" class="fnanchor">[188]</a> and probably equally immaterial where the book -is printed. It has been suggested, however, that under -5 & 6 Vict. c. 45, printing within the United Kingdom was -necessary, and that now since the "International Copyright -Act, 1886," printing within the British dominions is a condition -precedent to protection. I do not think the suggestion -is of any weight. It is founded on two <i>obiter dicta</i>—one of -Lord St. Leonards in <i>Jefferys</i> v. <i>Boosey</i>,<a id="FNanchor_189" href="#Footnote_189" class="fnanchor">[189]</a> and the other of -Bayley, J., in <i>Clementi</i> v. <i>Walker</i>.<a id="FNanchor_190" href="#Footnote_190" class="fnanchor">[190]</a></p> - -<p>If a book is first published outside the British dominions -there will be no copyright<a id="FNanchor_191" href="#Footnote_191" class="fnanchor">[191]</a> in it except under the International -Statutes.<a id="FNanchor_192" href="#Footnote_192" class="fnanchor">[192]</a> Section 19 of 7 & 8 Vict. has been held to -apply to publication in all foreign countries, and not only to -those with which an international convention is in existence;<a id="FNanchor_193" href="#Footnote_193" class="fnanchor">[193]</a> -and it has been further held to apply to the works of a -British subject as well as to those of a foreigner.<a id="FNanchor_194" href="#Footnote_194" class="fnanchor">[194]</a></p> - -<p>If a dramatic or musical work is first performed abroad -before publication as a book, although that may destroy the -performing right within the British dominions, it probably -will not affect the author's right to acquire copyright by -first publication here in "book" form. It may be said -that "first published" in 7 & 8 Vict. c. 12, sec. 19, has -been held to include "first performed."<a id="FNanchor_195" href="#Footnote_195" class="fnanchor">[195]</a> That decision, -<span class="pagenum" id="Page_42">[42]</span> -however, dealt only with a question of performing right. In -<i>Boosey</i> v. <i>Davidson</i><a id="FNanchor_196" href="#Footnote_196" class="fnanchor">[196]</a> there was first performance abroad, and it -was held that copyright was obtained here by first publication; -but there was no argument on section 19.</p> - -<h3><span class="smcap">Section III.—Author's Nationality.</span></h3> - -<p>It must still be considered doubtful whether or not the -author of a book must be a British subject, or at least -resident within the British dominions at the time of publication. -This point is the subject of a considerable body of -case law under the statute of Anne; but there has been no -definite and authoritative decision under the statute of Victoria. -The question was first seriously argued in the case of <i>D'Almaine</i> -v. <i>Boosey</i>,<a id="FNanchor_197" href="#Footnote_197" class="fnanchor">[197]</a> when it was decided in the Court of Exchequer that -the work of a foreigner would be entitled to protection if -first published in England by an English assignee. The next -case was <i>Bentley</i> v. <i>Foster</i>,<a id="FNanchor_198" href="#Footnote_198" class="fnanchor">[198]</a> before Shadwell, V. C., who decided -that the foreigner himself could acquire a copyright by first publication -in this country. After that there is a series of confused -and conflicting cases,<a id="FNanchor_199" href="#Footnote_199" class="fnanchor">[199]</a> terminating with the decision of <i>Jefferys</i> -v. <i>Boosey</i><a id="FNanchor_200" href="#Footnote_200" class="fnanchor">[200]</a> in the House of Lords. The plaintiff in that case -was the English assignee of the unpublished work of a non-resident -foreigner. The first publication was in England. -The judges were consulted, and of these six were in favour -of the plaintiff's right and four against it. The House of -Lords, however, were unanimous against the plaintiff's right. -They decided that the work of a non-resident foreigner could -not acquire copyright in this country.</p> - -<p>Lord Cranworth, L. C., said:</p> - -<blockquote> - -<p>"The statute (8 Anne) must be construed as referring to British -authors only. <i>Primâ facie</i> the legislature of this country must be taken -<span class="pagenum" id="Page_43">[43]</span> -to make laws for its own subjects exclusively, and where, as in the statute -now under consideration, an exclusive privilege is given to a particular -class at the expense of the rest of her Majesty's subjects, the object -of giving that privilege must be taken to have been a national object -and the privileged class to be confined to a portion of that community -for the general advantage of which the enactment is made. When -I say that the legislature must <i>primâ facie</i> be taken to legislate only for -its own subjects, I must be taken to include under the word 'subjects' -all persons who are within the Queen's dominions, and who thus owe to -her a temporary allegiance. I do not doubt but that a foreigner resident -here, and composing and publishing a book here, is an author within the -meaning of the statute: he is within its words and spirit. I go further: -I think that if a foreigner having composed but not having published a -work abroad were to come to this country, and the week or day after his -arrival were to print and publish it here, he would be within the protection -of the statute."</p></blockquote> - -<p><i>Jefferys</i> v. <i>Boosey</i><a id="FNanchor_201" href="#Footnote_201" class="fnanchor">[201]</a> then definitely decided that under the -statute of Anne a foreigner, unless at the time of publication -he was resident within the jurisdiction of the crown, could -not be an author within the meaning of the Act, and therefore -neither he nor his assigns before or after publication -could acquire copyright. It would seem to follow that the -construction of 5 & 6 Vict. c. 45 would lead to a similar -decision. This, however, has been doubted in the House of -Lords in the case of <i>Routledge</i> v. <i>Low</i>.<a id="FNanchor_202" href="#Footnote_202" class="fnanchor">[202]</a> The actual decision -in that case went no further than holding that a foreign -author who was resident for a few days in Canada expressly -for the purpose of acquiring copyright while her book was -published in London was an author within the Act, a proposition -which had not been disputed in <i>Jefferys</i> v. <i>Boosey</i>.<a id="FNanchor_203" href="#Footnote_203" class="fnanchor">[203]</a> -Their Lordships, however, discussed the wider issue whether -even temporary residence was necessary. Lord Cairns, L. C., -and Lord Westbury were of opinion that it was not. Lord -Cairns, after pointing out that <i>Jefferys</i> v. <i>Boosey</i><a id="FNanchor_204" href="#Footnote_204" class="fnanchor">[204]</a> was a decision -under the Act of Anne, said:</p> - -<blockquote> - -<p>"It was impossible not to see that the <i>ratio decidendi</i> in that case -proceeded mainly, if not exclusively, on the wording of the preamble of the -statute of Anne, and on a consideration of the general character and -<span class="pagenum" id="Page_44">[44]</span> -scope of the legislation of Great Britain at that period. The present -statute had repealed that Act, and professed to aim at affording greater -encouragement to the production of literary works of lasting benefit to the -world. And accepting this decision of the House as to the construction -of the statute of Anne, it is, I think, impossible not to see that the present -statute would be incompatible with a policy so narrow as that expressed -in the statute of Anne."<a id="FNanchor_205" href="#Footnote_205" class="fnanchor">[205]</a></p></blockquote> - -<p>Lords Cranworth and Chelmsford agreed that temporary -residence within the dominions was sufficient to give a foreigner -the right to acquire copyright as a British author, and therefore -concurred in the judgment of the House. They, however, -differed strongly from the view that a non-resident -foreigner could be an author within the Act. Lord Cranworth -said:</p> - -<blockquote> - -<p>"I have no hesitation in concurring with my noble and learned friend -in thinking that the decree below was right. I find it difficult to concur -with him in the opinion that the present statute extends its protection to -all foreigners wherever they may be resident without saying that the case -of <i>Jefferys</i> v. <i>Boosey</i><a id="FNanchor_206" href="#Footnote_206" class="fnanchor">[206]</a> is not good law—a conclusion at which I should -be very unwilling to come as to any case decided in this House, more -especially as to one so elaborately considered as that of <i>Jefferys</i> v. <i>Boosey</i>.<a id="FNanchor_207" href="#Footnote_207" class="fnanchor">[207]</a> -That case, as my noble friend has pointed out, was decided not on the -construction of the Act of 5 & 6 Vict. c. 45, but on the statute of Queen -Anne; but I own I do not as at present advised see any difference -between the two statutes so far as relates to the subject of the residence -of foreign authors."</p></blockquote> - -<p><i>Routledge</i> v. <i>Low</i><a id="FNanchor_208" href="#Footnote_208" class="fnanchor">[208]</a> is followed as to its actual decision in -<i>Low</i> v. <i>Ward</i>;<a id="FNanchor_209" href="#Footnote_209" class="fnanchor">[209]</a> but as to the rights of a non-resident foreign -author the law remains, as left by <i>Routledge</i> v. <i>Low</i>,<a id="FNanchor_210" href="#Footnote_210" class="fnanchor">[210]</a> truly in a -most unsatisfactory state. It is difficult to escape from the -conclusion, however willingly one would, that there is really -no distinction between the application of the statute of Anne -and that of Victoria, and that, therefore, a case arising on this -point under the Act of Victoria is governed by <i>Jefferys</i> v. <i>Boosey</i>,<a id="FNanchor_211" href="#Footnote_211" class="fnanchor">[211]</a> -a decision which, if erroneous, was not so for want of -deliberate research and consideration. The general opinion, -<span class="pagenum" id="Page_45">[45]</span> -however, seems to be that Lords Cairns and Westbury were -right and Lords Cranworth and Chelmsford wrong. This view -is adopted by Stephen, J., in his digest.<a id="FNanchor_212" href="#Footnote_212" class="fnanchor">[212]</a> Mr. Scrutton is of the -same opinion, and cites the Naturalisation Act and the proviso -that copyright is personal property.<a id="FNanchor_213" href="#Footnote_213" class="fnanchor">[213]</a> Mr. Chamier does the -same.<a id="FNanchor_214" href="#Footnote_214" class="fnanchor">[214]</a> It is respectfully submitted that the provisions of the -Naturalisation Act and the indisputable fact that a foreigner -wherever resident can acquire a British copyright are entirely -beside the mark, and do not in the least help one to decide -whether the legislature is to be presumed to have applied the -Act of 5 & 6 Vict. to the works of foreign authors. The decision -that the work of a non-resident foreign author will not be -protected is in no way contrary to the provision of the Naturalisation -Act that an alien friend may acquire and hold personal -property in the same way in all respects as a British subject. -The logical conclusion from that provision is that an alien -friend as well as a British subject may acquire British copyright -wherever it exists; but it does not necessarily follow that -British copyright exists in the work of a foreign author, and -that either an alien friend or a British subject can acquire it. -After the passing of the Chace Act (1891) in the United States, -the law officers of the Crown in England were consulted by the -American law officers, and they advised that an American author -could acquire copyright in his work by simultaneous publication -in this country and America, even although he was not at -any time resident within the British dominions. Consequently -on that advice the President of the United States proclaimed -Great Britain as one of the countries which gave by their law -reciprocal rights to American authors; and English authors are -thereby entitled to acquire copyright in the United States. It -would certainly be most unsatisfactory if the law of England were -now to be declared contrary to the advice then given by our law -officers, but it cannot be said that this should influence our -Courts if their decision on the point was called for. -<span class="pagenum" id="Page_46">[46]</span></p> - -<h3><span class="smcap">Section IV.—Immoral Works.</span></h3> - -<p>Profane,<a id="FNanchor_215" href="#Footnote_215" class="fnanchor">[215]</a> indecent,<a id="FNanchor_216" href="#Footnote_216" class="fnanchor">[216]</a> seditious,<a id="FNanchor_217" href="#Footnote_217" class="fnanchor">[217]</a> and libellous<a id="FNanchor_218" href="#Footnote_218" class="fnanchor">[218]</a> books will not be -protected. Neither will those which are a fraud upon the public.<a id="FNanchor_219" href="#Footnote_219" class="fnanchor">[219]</a> -For instance, a book published as translated from the German -of Sturm, which was entirely untrue and induced purchasers -to buy it, was refused protection.<a id="FNanchor_220" href="#Footnote_220" class="fnanchor">[220]</a> <i>Quære</i> whether a piratical -book would be protected in so far as it was original. Probably -it would.<a id="FNanchor_221" href="#Footnote_221" class="fnanchor">[221]</a> If a book is not wholly mischievous, but only in -part, it will probably be protected except as to that part;<a id="FNanchor_222" href="#Footnote_222" class="fnanchor">[222]</a> and -if a book is subsequently published purged of its immoral -matter or fraudulent nature it would be protected.<a id="FNanchor_223" href="#Footnote_223" class="fnanchor">[223]</a> If an -action is brought in respect of a mischievous publication the -practice of the Court is to dismiss the action without costs.<a id="FNanchor_224" href="#Footnote_224" class="fnanchor">[224]</a> -In one case<a id="FNanchor_225" href="#Footnote_225" class="fnanchor">[225]</a> Mathew, J., would not take cognisance of immorality -<i>mero motu</i>, and when it was not pleaded by the -defendant he gave the plaintiff his remedy. Notwithstanding -this, there can be no doubt that the Court may refuse to interfere -even when both parties are willing to waive the question of -immorality. The Court cannot be compelled to sit to take an -account between public malefactors.</p> - -<h3><span class="smcap">Section V.—Registration.</span></h3> - -<p><b>Before Action.</b>—Before an owner of copyright sues for -infringement his book must be registered at Stationers' Hall.<a id="FNanchor_226" href="#Footnote_226" class="fnanchor">[226]</a> -<span class="pagenum" id="Page_47">[47]</span> -The omission to register does not affect the copyright in a -book, but it is a condition precedent to the right to sue in -respect of the infringement thereof.<a id="FNanchor_227" href="#Footnote_227" class="fnanchor">[227]</a> At one time it was thought -that registration was only a condition precedent to an action -for the particular remedies given by the statute, and that whether -registration was effected or not the common law right of action -for damages lay.<a id="FNanchor_228" href="#Footnote_228" class="fnanchor">[228]</a> This, however, is not law. Registration -is a condition precedent to any right of action for infringement -of copyright. If an action is brought without proper registration, -that action must fail; but a correct entry may then be -made and a fresh action commenced.<a id="FNanchor_229" href="#Footnote_229" class="fnanchor">[229]</a></p> - -<p>No registration is necessary to maintain an action for the -infringement of performing rights in a book which is a dramatic -or musical work.<a id="FNanchor_230" href="#Footnote_230" class="fnanchor">[230]</a></p> - -<p>Registration need not be made before infringement: it may -be effected at any time before the writ is issued.<a id="FNanchor_231" href="#Footnote_231" class="fnanchor">[231]</a> In one case -it was held a good registration when entry was made on the -same day, but a few hours before the issue of the writ.<a id="FNanchor_232" href="#Footnote_232" class="fnanchor">[232]</a> In -<i>Hole</i> v. <i>Bradbury</i>,<a id="FNanchor_233" href="#Footnote_233" class="fnanchor">[233]</a> Fry, J., held that registration after infringement -did not entitle the plaintiff to delivery up of copies for -his own use under the 23rd section of the Act of 1842, but -that under its general jurisdiction the Court had power to -order delivery up for destruction. In <i>Isaacs</i> v. <i>Fiddemann</i>,<a id="FNanchor_234" href="#Footnote_234" class="fnanchor">[234]</a> -Jessel, M. R., thought that even although infringement was before -registration the plaintiff was entitled to have delivery up for -his own benefit, and that the 23rd section applied to such a -case. Which is the correct view it is difficult to say. The -argument of Fry, J., in support of his view is elaborate and -appears sound, whereas Jessel, M. R., seems to have gone more -on the ground of convenience.</p> - -<p>Registration must be effected after the publication of the -<span class="pagenum" id="Page_48">[48]</span> -book.<a id="FNanchor_235" href="#Footnote_235" class="fnanchor">[235]</a> In several cases an attempt has been made to secure a -monopoly in a title by registration before the book was published -or even written.<a id="FNanchor_236" href="#Footnote_236" class="fnanchor">[236]</a> Such registration is entirely inoperative -to secure a monopoly in the title or the right to sue in respect -of the copyright in the book when published. Registration -does not give the plaintiff any right (except perhaps as to -delivery of copies) which he would not equally have had without -registration.<a id="FNanchor_237" href="#Footnote_237" class="fnanchor">[237]</a> All registration does is to perfect the right -and give a title to sue on it.</p> - -<p>It must be remembered that it is the book which is to be -registered and not the copyright. It is common but erroneous -to talk of "registering copyright." The distinction was pointed -out in <i>Trade Auxiliary</i> v. <i>Middlesborough</i>.<a id="FNanchor_238" href="#Footnote_238" class="fnanchor">[238]</a> The three several -proprietors of three periodicals had employed and paid a contributor -under section 18 on the terms that the matter contributed -should belong to these three proprietors. The matter appeared -in each of the three newspapers and each registered his own -newspaper in his own name. It was argued that the registration -was bad, since they should have been registered as joint -proprietors, but the Court of Appeal held that the registration -was good, since each had registered his "book," and section 19 -was literally complied with.</p> - -<p>A newspaper is a sheet of letterpress within the Act and must -be registered.<a id="FNanchor_239" href="#Footnote_239" class="fnanchor">[239]</a> In one case<a id="FNanchor_240" href="#Footnote_240" class="fnanchor">[240]</a> Malins, V. C., protected a newspaper -which was not registered, but that case has been -expressly overruled<a id="FNanchor_241" href="#Footnote_241" class="fnanchor">[241]</a> and is clearly unsound. No registration -is necessary other than that required by the Act of 1842. In -<i>Cate</i> v. <i>Devon</i><a id="FNanchor_242" href="#Footnote_242" class="fnanchor">[242]</a> it was contended that a newspaper would not -be protected unless it had been registered under the Newspaper -Libel Act, 1881. This contention was held erroneous, and -registration under the Act of 1842 was alone required. Similarly -<span class="pagenum" id="Page_49">[49]</span> -it is not a good defence to an action for infringement that -the publisher's name and address is not printed on the first -or last page of a book as required by 2 & 3 Vict. c. 12.<a id="FNanchor_243" href="#Footnote_243" class="fnanchor">[243]</a></p> - -<p><b>The Requisite Entry.</b>—Registration is made in the Book of -Registry which the Act enacts<a id="FNanchor_244" href="#Footnote_244" class="fnanchor">[244]</a> shall be kept at the Hall of the -Stationers' Company. The fee for registration is five shillings. -The Book of Registry must at all convenient times be open -to the inspection of any person on payment of one shilling for -every entry searched for or inspected. This, however, does -not entitle any one to make a copy of an entry; but any one -may demand a certified copy of an entry from the keeper of -the Registry on payment of five shillings.</p> - -<p>The proprietor of the copyright must register in the Book -of Registry:<a id="FNanchor_245" href="#Footnote_245" class="fnanchor">[245]</a></p> - -<div class="poem"><div class="stanza"> - <span class="i0"><span class="rgt">i.</span> The title.</span> - <span class="i0"><span class="rgt">ii.</span> The time of first publication.</span> - <span class="i0"><span class="rgt">iii.</span> The name and place of abode of the publisher.</span> - <span class="i0"><span class="rgt">iv.</span> The name and place of abode of the proprietor.</span> -</div></div> - -<p>In the case of an encyclopædia, review, magazine, periodical -work, or other work published in a series of books or parts, the -publisher must register:<a id="FNanchor_246" href="#Footnote_246" class="fnanchor">[246]</a></p> - -<div class="poem"><div class="stanza"> - <span class="i0"><span class="rgt">i.</span> The title.</span> - <span class="i0"><span class="rgt">ii.</span> The time of first publication of the first part.</span> - <span class="i0"><span class="rgt">iii.</span> The name and place of abode of the proprietor.</span> - <span class="i0"><span class="rgt">iv.</span> The name and place of abode of the publisher if different from the proprietor.</span> -</div></div> - -<p><i>The Actual Title.</i>—This must be registered: a description of -the book will not be sufficient, even although accurate. Thus in -<i>Harris</i> v. <i>Smart</i><a id="FNanchor_247" href="#Footnote_247" class="fnanchor">[247]</a> the plaintiffs' book was intituled "Illustrated -Catalogue and Price List," and they registered it as "Illustrated -Book of Shop-fittings." The Court of Appeal, reversing the -decision of Mathew and Grantham, JJ., held that the objection -to the registration was fatal. When there is a clear and distinct -title, that title they held must be registered. It might be different -if a book had no title; perhaps such a book could not be registered -at all; but probably a description of the book, stating that -<span class="pagenum" id="Page_50">[50]</span> -it had no title, would be sufficient.<a id="FNanchor_248" href="#Footnote_248" class="fnanchor">[248]</a> In <i>Collingridge</i> v. <i>Emmott</i><a id="FNanchor_249" href="#Footnote_249" class="fnanchor">[249]</a> -the plaintiff's newspaper was intituled "Warehousemen and -Drapers' Trade Journal and Review of the Textile Fabric Manufacturers"; -but it was registered as "Warehousemen and Drapers' -Trade Journal: Failures and Arrangements." Kay, J., thought -that the discrepancy was fatal to the registration.</p> - -<p>It has been questioned whether in the case of a volume, a -considerable part of which, being old matter, is not entitled to -copyright, and which is published under one comprehensive -title, there must not be some indication on the book itself or on -the register that the owner does not claim copyright in the whole -work. The point has never been definitely decided. It has -been held that one who adapts new words and music to an old -air and describes himself proprietor of the whole composition is -entitled to protection;<a id="FNanchor_250" href="#Footnote_250" class="fnanchor">[250]</a> but the question raised in these cases -was whether the author was entitled to copyright at all unless he -could show that the whole was original. It should always be -remembered in questions of this kind that the purpose of -registration is not, as has frequently been suggested in argument, -to notify to an intending copyist what he may copy and what he -may not. In <i>Cate</i> v. <i>Devon</i><a id="FNanchor_251" href="#Footnote_251" class="fnanchor">[251]</a> the plaintiffs had published a -"Commercial Compendium," containing lists of bankruptcies -and bills of sale. They reprinted several copies of it under -another title, viz. "The London Association for the Protection -of Trade," and it was issued "privately and confidentially" to -that association. The defendants copied matter from the latter -issue and pleaded that it was unregistered, and therefore that -they were entitled to copy it. North, J., held that the act of the -defendants was an infringement of copyright in the "Commercial -Compendium," which was registered under that title. In his -judgment he said:</p> - -<blockquote> - -<p>"It is not intended that there should always be complete registration -of the publication in which there is copyright in order that persons may -know what they may legitimately copy and what they cannot copy. The -<span class="pagenum" id="Page_51">[51]</span> -Act itself contains provisions which make that clear. It is well known -that registration is only necessary as a condition precedent to suing, and -the almost universal practice on the part of large publishers notoriously is -that they do not register until just on the eve of taking some proceeding. -Then they take care to register their copyright and sue upon it. I think, -therefore, that the contention that the defendants have not been warned -by registration of the title under which the document appears is one which -cannot be entertained."<a id="FNanchor_252" href="#Footnote_252" class="fnanchor">[252]</a></p></blockquote> - -<p><i>The Time of First Publication.</i>—This must be exactly entered -to the day of the month. In <i>Low</i> v. <i>Routledge</i><a id="FNanchor_253" href="#Footnote_253" class="fnanchor">[253]</a> an entry of -"23rd May 1864" was held to be bad when the actual publication -was on the 25th of May 1864.<a id="FNanchor_254" href="#Footnote_254" class="fnanchor">[254]</a> Under the International -Copyright Act, 1844, an entry of the year only was held to be -fatal,<a id="FNanchor_255" href="#Footnote_255" class="fnanchor">[255]</a> and under the Copyright Act of 1842 it has been held in -two cases that an entry of the month only is bad.<a id="FNanchor_256" href="#Footnote_256" class="fnanchor">[256]</a> When a -subsequent edition of a book is published, in so far as it is a -reprint of the first edition, it will not be protected unless the first -edition and the date of the first publication thereof is entered on -the register;<a id="FNanchor_257" href="#Footnote_257" class="fnanchor">[257]</a> in so far as it consists of new matter there must -be an entry bearing the date of the publication of the edition in -which such new matter was first published;<a id="FNanchor_258" href="#Footnote_258" class="fnanchor">[258]</a> but the previous -editions and the date of their respective publications do not -require to be entered in order to protect the new matter,<a id="FNanchor_259" href="#Footnote_259" class="fnanchor">[259]</a> and -subsequent editions do not require to be entered in order to -protect old matter.<a id="FNanchor_260" href="#Footnote_260" class="fnanchor">[260]</a> Where a book has been revised and altered -as each new edition has come out, every edition should be -entered separately in the register, with the date of the publication -of such edition. When a story, or article, or serial story, or a -series of articles is published in a magazine or other periodical, -the proprietor of the magazine need only register the first number -of the magazine and the date of the publication thereof in order -to entitle him to sue.<a id="FNanchor_261" href="#Footnote_261" class="fnanchor">[261]</a> If, however, the action is at the instance -<span class="pagenum" id="Page_52">[52]</span> -of the author of a contribution to a collective work against third -parties, the proper registration would be of the story or article -only with the date of the first publication in the collective work -of such story or article, or if serial, of the first part thereof.<a id="FNanchor_262" href="#Footnote_262" class="fnanchor">[262]</a> -Against the proprietor, for publishing separately without permission, -the author does not require to be registered, as the -right sued on is not one of copyright but presumably of implied -contract.<a id="FNanchor_263" href="#Footnote_263" class="fnanchor">[263]</a> If the owner of the periodical has acquired the entire -copyright in a story or article, he can sue on a registration either -of the first number of the magazine or of the first part of the -story or article.<a id="FNanchor_264" href="#Footnote_264" class="fnanchor">[264]</a></p> - -<p><i>The Name and Place of Abode of the Publisher.</i>—The publisher -to be entered is the first publisher of the book.<a id="FNanchor_265" href="#Footnote_265" class="fnanchor">[265]</a> No subsequent -publisher, unless of a revised edition, need be entered on the -register.<a id="FNanchor_266" href="#Footnote_266" class="fnanchor">[266]</a> If the publishers are a firm it is sufficient to enter -their firm name, such as <i>Newby & Co.</i>; the individual names -of the members of the firm need not be entered.<a id="FNanchor_267" href="#Footnote_267" class="fnanchor">[267]</a> A publisher's -ordinary place of business describes sufficiently his "place of -abode": his private residential address need not be entered.<a id="FNanchor_268" href="#Footnote_268" class="fnanchor">[268]</a></p> - -<p><i>The Name and Place of Abode of the Proprietor.</i>—The proprietor -to be entered is the proprietor at the time of registration, -and it is unnecessary to trace his title from the first proprietor.<a id="FNanchor_269" href="#Footnote_269" class="fnanchor">[269]</a> -The joinder of the unregistered proprietor as co-plaintiff with a -person who has been erroneously registered, or who, being -rightly registered, is no longer proprietor, will not render an -action for infringement of copyright maintainable.<a id="FNanchor_270" href="#Footnote_270" class="fnanchor">[270]</a> It is not -sufficient to register a mere agent or nominee of the proprietor.<a id="FNanchor_271" href="#Footnote_271" class="fnanchor">[271]</a> -The registered proprietor, however, if legal owner, may sue as -trustee for the equitable owner of the copyright.<a id="FNanchor_272" href="#Footnote_272" class="fnanchor">[272]</a> If the plaintiff -<span class="pagenum" id="Page_53">[53]</span> -in an action is the assignee of a former proprietor already registered, -either the assignment must have been by entry in the -register, or the assignment, if made otherwise, must be entered. -In every case the plaintiff, either as proprietor at the date of -registration or as his assignee, must appear on the face of the -register.<a id="FNanchor_273" href="#Footnote_273" class="fnanchor">[273]</a> It is probably not necessary to register every mesne -assignment from the proprietor originally registered to the -plaintiff.<a id="FNanchor_274" href="#Footnote_274" class="fnanchor">[274]</a> When the original proprietor is registered, and the -assignee from him is subsequently registered, it is necessary -that both entries should be correct, in order to entitle the -assignee to sue.<a id="FNanchor_275" href="#Footnote_275" class="fnanchor">[275]</a> If the proprietor has no fixed abode in the -United Kingdom, an address in the United Kingdom through -which he can be conveniently communicated with will probably -be a sufficient compliance with the statute.<a id="FNanchor_276" href="#Footnote_276" class="fnanchor">[276]</a></p> - -<p>If there is an error in any of the particulars required to be -entered in the register it is fatal to the success of an action, -even although caused by neglect or carelessness on the part -of one of the officials at Stationers' Hall.<a id="FNanchor_277" href="#Footnote_277" class="fnanchor">[277]</a> If the necessary -particulars are entered it is immaterial that superfluous matter -is also entered.<a id="FNanchor_278" href="#Footnote_278" class="fnanchor">[278]</a></p> - -<p><b>Certificate of Registration.</b>—The officer appointed by the -Stationers' Company for the purposes of registration under -the Copyright Acts must, whenever reasonably required, give -a copy of any entry in the Book of Registry, certified under -his hand and impressed with the stamp of the Stationers' -Company, to any person on payment of five shillings, and -such copies are to be received in evidence in all Courts, -and are <i>primâ facie</i> proof of the proprietorship or assignment -of copyright or licence, but subject to be rebutted by other -evidence.<a id="FNanchor_279" href="#Footnote_279" class="fnanchor">[279]</a> Registration does not, however, give a title against -the whole world except the true owner.<a id="FNanchor_280" href="#Footnote_280" class="fnanchor">[280]</a> -<span class="pagenum" id="Page_54">[54]</span></p> - -<p><b>False Entries.</b>—If any person wilfully makes or causes to -be made any false entry in the Registry Book of the Stationers' -Company, or wilfully produces in evidence any paper falsely -purporting to be a copy of any entry in such book, he will be -guilty of an indictable misdemeanour.<a id="FNanchor_281" href="#Footnote_281" class="fnanchor">[281]</a></p> - -<p><b>Rectification of Register.</b>—If any person "deems himself -aggrieved" by any entry in the Registry Book, he may apply -by motion to the King's Bench Division for an order that such -entry may be expunged or varied.<a id="FNanchor_282" href="#Footnote_282" class="fnanchor">[282]</a> An order to expunge will -not be made at the trial of an action:<a id="FNanchor_283" href="#Footnote_283" class="fnanchor">[283]</a> it must be applied for -by motion in accordance with section 14, unless, perhaps, it -is specifically claimed in the statement of claim in the action. -There is probably no appeal from an order to expunge.<a id="FNanchor_284" href="#Footnote_284" class="fnanchor">[284]</a> If -a wrong entry has been made in the Book of Registry, the proprietor -of the copyright in the book so erroneously entered is, -even although he has by mistake made the wrong entry himself, -a person aggrieved within the meaning of the statute, and can -apply to the Court for an order to vary such entry.<a id="FNanchor_285" href="#Footnote_285" class="fnanchor">[285]</a> An order to -expunge or vary will not be made without definite proof that the -existing entry is erroneous, and that the proposed entry in lieu -thereof is correct.<a id="FNanchor_286" href="#Footnote_286" class="fnanchor">[286]</a> By the words "deem himself aggrieved" the -legislature did not mean that any person who said he was aggrieved -could apply: the applicant must show to the Court that -he has a right to consider himself aggrieved.<a id="FNanchor_287" href="#Footnote_287" class="fnanchor">[287]</a> When the copyright -in a book is in dispute either party claiming the right is -a party aggrieved.<a id="FNanchor_288" href="#Footnote_288" class="fnanchor">[288]</a> If a non-copyright book is entered on -the register, probably any one who wished to copy it would be -a party aggrieved;<a id="FNanchor_289" href="#Footnote_289" class="fnanchor">[289]</a> but it is not open to any one to make -application to the Court on the ground of technical flaws in a -registration.<a id="FNanchor_290" href="#Footnote_290" class="fnanchor">[290]</a> The applicant, unless he claims the copyright, -<span class="pagenum" id="Page_55">[55]</span> -must be able to show a substantial defect on the merits of the -registered proprietor's title.<a id="FNanchor_291" href="#Footnote_291" class="fnanchor">[291]</a></p> - -<p>When once an entry on the register has been struck out, -the Court has probably no power to restore it.<a id="FNanchor_292" href="#Footnote_292" class="fnanchor">[292]</a></p> - -<h3><span class="smcap">Section VI.—Delivery of Copies to Libraries.</span></h3> - -<p>Copies of all books first published in the United Kingdom -after 1842 must be delivered to the undermentioned libraries -by the publisher. In default the respective librarians may -recover from the publisher:<a id="FNanchor_293" href="#Footnote_293" class="fnanchor">[293]</a></p> - -<div class="poem"><div class="stanza"> - <span class="i0"><span class="rgt">i.</span> The value of the copy which ought to have been delivered.</span> - <span class="i0"><span class="rgt">ii.</span> A sum not exceeding £5.</span> - <span class="i0"><span class="rgt">iii.</span> Solicitor and client costs.</span> -</div></div> - -<p>The proceedings may either be summary by way of conviction -before two Justices of the Peace in the county or place -where the publisher making default resides, or by action in any -Court of Record in the United Kingdom.<a id="FNanchor_294" href="#Footnote_294" class="fnanchor">[294]</a></p> - -<p>The following copies are to be delivered:</p> - -<p class="i2">I. <i>To the British Museum</i>:<a id="FNanchor_295" href="#Footnote_295" class="fnanchor">[295]</a></p> - -<blockquote> - -<p class="hang">One of the best copies published (complete with maps -and prints) of</p> - -<div class="poem"><div class="stanza"> - <span class="i0"><span class="rgt">i.</span> Every book first published.</span> - <span class="i0"><span class="rgt">ii.</span> Every subsequent edition of a book, unless</span> - <span class="i2"><span class="rgt">(<i>a</i>)</span> it contains no additions or alterations, and</span> - <span class="i2"><span class="rgt">(<i>b</i>)</span> some preceding edition has been delivered:</span> -</div></div> - -<p class="hang">Within one calendar month after publication or offering -for sale in London.</p> - -<p class="hang">Within three calendar months after publication or offering -for sale elsewhere in the United Kingdom.</p> - -<p class="hang">The copy must be delivered between 10 <span class="smcap">A. M.</span> and 4 <span class="smcap">P. M.</span> on -any day except Sunday, Ash Wednesday, Good Friday, -and Christmas Day.<a id="FNanchor_296" href="#Footnote_296" class="fnanchor">[296]</a></p> - -<p class="hang">The officer of the Museum appointed to receive these -copies is required to give a receipt in writing.<a id="FNanchor_297" href="#Footnote_297" class="fnanchor">[297]</a> -<span class="pagenum" id="Page_56">[56]</span></p> -</blockquote> - -<p class="i2">II. <i>To each of the following Libraries</i>,<a id="FNanchor_298" href="#Footnote_298" class="fnanchor">[298]</a> <i>or to Stationers' Hall for their use</i>:</p> - -<blockquote> -<div class="poem"><div class="stanza"> -<span class="i2">The Bodleian Library at Oxford.</span> -<span class="i2">The Public Library at Cambridge.</span> -<span class="i2">The Library of the Faculty of Advocates at Edinburgh.</span> -<span class="i2">The Library of Trinity College at Dublin.</span> -</div></div> - -<p>One copy of those copies of which the largest number is printed for sale, and in the like condition of</p> - -<div class="poem"><div class="stanza"> - <span class="i0"><span class="rgt">i.</span> Every book first published.</span> - <span class="i0"><span class="rgt">ii.</span> Every subsequent edition of a book, unless</span> - <span class="i2">(<i>a</i>) it contains no alterations or additions.</span> -</div></div> - -<p class="hang">Within one month after demand.</p> - -<p class="hang">Provided that within twelve months after publication demand -has been made to the publishers under the hand -of the officer of the Company of Stationers or other -person authorised thereto by the respective libraries.</p> - -<p class="hang">The officer at Stationers' Hall and librarians of the -several libraries are required to give a receipt in -writing when a copy of a book is delivered to them.</p></blockquote> - -<p>The clauses as to delivery of copies are to be considered as -being strictly penal. In <i>The British Museum</i> v. <i>Payne</i>,<a id="FNanchor_299" href="#Footnote_299" class="fnanchor">[299]</a> under the -similar provisions in 54 Geo. III. c. 156, it was held that when a -book was published in parts, a single part was not demandable. -The Court refused to consider the question when, if ever, the -complete book would be demandable.</p> - -<p>It will be noticed that neither the copyright nor the right -to sue is affected by non-delivery of these copies. The only consequence -of omission to do so is a penalty on the publisher.</p> - -<p>The right of the various bodies to delivery of a copy applies -to all books published within the United Kingdom and not only -to those entered at Stationers' Hall.<a id="FNanchor_300" href="#Footnote_300" class="fnanchor">[300]</a></p> - -<h3><span class="smcap">Section VII.—Duration of Protection.</span></h3> - -<p>Protection dates from first publication.</p> - -<p><i>Generally.</i>—The period of protection is for the natural life -of the author and for seven years after his death, or for forty-two -<span class="pagenum" id="Page_57">[57]</span> -years from the date of publication, whichever period shall -be longer.<a id="FNanchor_301" href="#Footnote_301" class="fnanchor">[301]</a></p> - -<p><i>Posthumous Works</i> are protected for forty-two years from the -date of publication.<a id="FNanchor_302" href="#Footnote_302" class="fnanchor">[302]</a></p> - -<p><i>Encyclopædias</i> are protected for the life of the proprietor and -seven years (by 5 & 6 Vict. c. 45, sec. 18, the proprietor of a -collective work enjoys the same rights as if he were the actual -author thereof), or for forty-two years from the date of publication, -whichever period shall be the longer.<a id="FNanchor_303" href="#Footnote_303" class="fnanchor">[303]</a></p> - -<p><i>Reviews</i>, <i>Magazines</i>, <i>and other periodical works of a like nature</i><a id="FNanchor_304" href="#Footnote_304" class="fnanchor">[304]</a> -have two separate copyrights, viz.:</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> The proprietor's copyright in the publication, as a whole, -for his life and seven years, or forty-two years from first -publication.</span> - -<span class="i0"><span class="rgt">ii.</span> The contributor's copyright in his separate contribution -as a separate work, beginning twenty-eight years after -publication of the collective work, or on separate -publication, if such should by agreement take place -within the twenty-eight years, and lasting for his life -and seven years, or forty-two years from first publication -in the collective work.</span> -</div></div> - -<p><i>New Editions.</i><a id="FNanchor_305" href="#Footnote_305" class="fnanchor">[305]</a>—As to each edition, the copyright runs from -the date of publication thereof, in so far as the matter therein is -then first published.</p> - -<p><i>Joint Works.</i>—Although there is no statutory provision, they -are probably protected for the life of the surviving author and -seven years, or for forty-two years from first publication.<a id="FNanchor_306" href="#Footnote_306" class="fnanchor">[306]</a></p> - -<h3><span class="smcap">Section VIII.—Copyright in Lectures.</span></h3> - -<p>There is no lecturing right, <i>i. e.</i> no exclusive statutory right to -deliver a lecture in public. The only Act applying to lectures is -5 & 6 Will. IV. c. 65, which, under pain of penalties, prohibits -printing or publishing, or knowingly selling lectures, which at -the time of delivery have not been published in book form, -without leave of the author thereof, or of the person to whom -<span class="pagenum" id="Page_58">[58]</span> -the author thereof has sold or otherwise conveyed the same. -The remedy is action in the High Court for: (i) Forfeiture of -copies. (ii) One penny per copy; half to the Crown and half to -informer. A condition precedent of protection under this Act is -the giving of notice in writing to two justices living within five -miles from the place where such lecture or lectures are delivered, -two days at least before delivering the same. The Act -has fallen into entire desuetude, partly, no doubt, on account of -this somewhat troublesome stipulation as to notice, but principally -because a lecturer has, in fact, full protection at common -law, if, as is usually the case, he can make out an implied contract -between himself and his audience that the delivery of the -lecture is for purposes of instruction only, and that those present -are entitled to make no other use of it whatsoever.<a id="FNanchor_307" href="#Footnote_307" class="fnanchor">[307]</a> His remedy -at common law will be for damages and injunction. Of course -he cannot sue for penalties, unless he has brought himself within -the Act.</p> - -<p>The Lectures Act does not apply so as to protect any lecture -or lectures delivered in any university, or public school or -college, or on any public foundation, or by any individual in -virtue of, or according to, any gift, endowment, or foundation.<a id="FNanchor_308" href="#Footnote_308" class="fnanchor">[308]</a> -The law relating to such lectures is declared to be the same as if -the Lectures Act had not been passed. The result of this proviso -is that these special kinds of lectures are nearly always protected -at common law by implied contract in the same way as -other lectures.<a id="FNanchor_309" href="#Footnote_309" class="fnanchor">[309]</a> -<span class="pagenum" id="Page_59">[59]</span></p> - -<hr class="chap" /> -<h2>CHAPTER III<br /> - -THE OWNER OF THE COPYRIGHT IN BOOKS</h2> - -<h3><span class="smcap">Section I.—The Crown.</span></h3> - -<p>When the Crown ceased to have the complete control which -it originally exercised over the printing-press, it still claimed to -retain, as its prerogative, the exclusive right of printing such -works as it considered its own peculiar property.<a id="FNanchor_310" href="#Footnote_310" class="fnanchor">[310]</a> These -included the authorised translation of the Bible, the Common -Prayer Book, Acts of Parliament<a id="FNanchor_311" href="#Footnote_311" class="fnanchor">[311]</a> and Proclamations,<a id="FNanchor_312" href="#Footnote_312" class="fnanchor">[312]</a> Latin -Grammars and Year Books. Law books, such as "Rolle's -Abridgment," and reports collected by the judges were also -claimed by the Crown on the ground that the laws were the -King's Laws. Classical books, almanacs and the like, were -claimed by the Crown as <i>bona nullius</i> and things derelict. As -regards those books which the Crown claimed as its own -property, it granted licences and patents. The Stationers' -Company, the King's printers, the Universities, and from time -to time various individuals received grants of authority to print -such works.</p> - -<p>Many of the claims, for instance, to almanacs, law reports, -Latin grammars, have for long been abandoned. The -patentees of the Crown, however, still claim a prerogative -copyright in—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. The Authorised English Translation of the Bible.<a id="FNanchor_313" href="#Footnote_313" class="fnanchor">[313]</a></span> - -<span class="i0">2. The Book of Common Prayer.<a id="FNanchor_314" href="#Footnote_314" class="fnanchor">[314]</a></span> -</div></div> - -<p>The Universities of Oxford and Cambridge and the King's -<span class="pagenum" id="Page_60">[60]</span> -printers have each the right to print the Bible and the Prayer -Book.</p> - -<p>No objection has ever been taken on behalf of the Crown or -her patentees to the printing of the Bible with notes, and this is -in practice constantly done without authority. The notes, however, -must be substantial and not merely illusory.<a id="FNanchor_315" href="#Footnote_315" class="fnanchor">[315]</a></p> - -<p>In 1887 the Treasury published a Minute<a id="FNanchor_316" href="#Footnote_316" class="fnanchor">[316]</a> in which the -claims of the Crown to the exclusive right of publishing Government -publications are set out. The Minute was published in -the <i>London Gazette</i>.</p> - -<p>The following publications are declared to be free from -restriction of any kind, and any person may therefore publish -them with or without notes:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Reports of Select Committees of the Two Houses of -Parliament, or of Royal Commissions.</span> - -<span class="i0">2. Papers required by Statute to be laid before Parliament, -<i>e. g.</i> Orders in Council, Rules made by Government -Departments, Accounts, Reports of Government -Inspectors.</span> - -<span class="i0">3. Papers laid before Parliament by Command, e. g. -Treaties, Diplomatic Correspondence, Reports from -Consuls and Secretaries of Legation, Reports of Inquiries -into Explosions or Accidents, and other -Special Reports made to Government Departments.</span> - -<span class="i0">4. Acts of Parliament.</span> - -<span class="i0">5. Official books, <i>e. g.</i> King's Regulations for the Army or -Navy.</span> -</div></div> - -<p>In the following works the Government claims to retain the -copyright:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Literary or quasi-literary works, <i>e. g.</i> the Reports of the -<i>Challenger</i> Expedition, the Rolls Publications, the State -Trials, the "Board of Trade Journal."</span> - -<span class="i0">2. Charts and Ordnance Maps.</span> -</div></div> - -<p>The ancient prerogative claimed by the Crown was a perpetual -copyright. The Crown is not mentioned in the Copyright -Act, and it is open to doubt whether it could enforce a -perpetual copyright in works compiled by its servants, or -<span class="pagenum" id="Page_61">[61]</span> -whether it could only claim the term of copyright granted by the -Copyright Act.</p> - -<h3><span class="smcap">Section II.—The Universities.</span></h3> - -<p>By an Act of George III.<a id="FNanchor_317" href="#Footnote_317" class="fnanchor">[317]</a> provision is made for the vesting -of copyrights in perpetuity in the Universities of Oxford and -Cambridge, the Scottish Universities and the Colleges of Eton, -Westminster, and Winchester. These privileges were obtained -in consequence of the decision in <i>Donaldson</i> v. <i>Beckett</i><a id="FNanchor_318" href="#Footnote_318" class="fnanchor">[318]</a> in the -House of Lords to the effect that there was no perpetual copyright.</p> - -<p>Perpetual Copyright under the Universities' Act attaches to -those books which are "bequeathed or otherwise given" to -one of the Universities or Colleges. A work such as The Revised -Version of the Bible, which was compiled under the direction -and at the expense of the two Universities, will probably not -have perpetual copyright under the Act since it is neither bequeathed -nor given. The same would apply to copyrights -purchased by a university or college.</p> - -<p>The book in which University privilege is claimed must be -registered within two months after the time when the bequest or -gift of the copyright comes to the knowledge of the Vice-Chancellor -of the University or head of the college, as the case -may be.</p> - -<p>The remedy against unauthorised printing or importing or -knowingly selling, publishing, or exposing for sale any book in -which there is University copyright is an action in the High -Court for—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">(<i>a</i>) Forfeiture for destruction.</span> - -<span class="i0">(<i>b</i>) One penny for every sheet found in the custody of the -infringer, half to go to the Crown and half to the informer.</span> -</div></div> - -<p>The perpetual privilege granted by the Act only subsists so -long as the book is printed only within the respective Universities -or Colleges, and for their sole benefit and advantage. -<span class="pagenum" id="Page_62">[62]</span> -This does not debar them from selling the copyright, but if sold -it will only subsist for the term granted to authors by the -Copyright Act, 1842.</p> - -<p><i>Quære</i> if some of Jowett's works, for instance, were printed -in the United States in order to acquire American copyright, -whether that would destroy the perpetual copyright by reason -of copies being printed outside the University.</p> - -<h3><span class="smcap">Section III.—The Author.</span></h3> - -<p>Copyright in every book published in the lifetime of the -author thereof "shall be the property of such author and his -assigns."<a id="FNanchor_319" href="#Footnote_319" class="fnanchor">[319]</a> Copyright therefore in the first instance ordinarily -vests in the author. The word author is not defined in the Act, -and from time to time difficult questions have arisen as to who -is the author of a particular book within the meaning of the -Act. Difficulties have generally arisen from the fact that two or -more people have been engaged in the production of a book. -The rule appears to be that, if the literary matter is composed -by those who make the manuscript,<a id="FNanchor_320" href="#Footnote_320" class="fnanchor">[320]</a> the author is the man -from whom emanates the general conception and design, and -that although much of the detail may have been the work of -subordinate brains and hands, he is the author of the entirety, -and may sue for any infringement of it. Thus in <i>Scott</i> v. <i>Stanford</i>,<a id="FNanchor_321" href="#Footnote_321" class="fnanchor">[321]</a> -where the plaintiff compiled and published periodically -statistical returns of the London coal market, Page Wood, V. C., -in giving judgment, said that it appeared to him quite immaterial -whether the plaintiff had been assisted in the compilation by his -own clerks or by those of the Corporation. In <i>Barfield</i> v. -<i>Nicholson</i><a id="FNanchor_322" href="#Footnote_322" class="fnanchor">[322]</a> a case under the statute of Anne, Leach, V. C., said -that he was of opinion that under the statute the one who -formed the plan and embarked on the speculation of a work, -and employed various persons to compose different parts of it -adapted to their own peculiar acquirements, was the author and -<span class="pagenum" id="Page_63">[63]</span> -proprietor of the work, if not within the literal expression, at least -within the equitable meaning of the statute of Anne. In <i>Hatton</i> -v. <i>Kean</i><a id="FNanchor_323" href="#Footnote_323" class="fnanchor">[323]</a> the defendant had arranged certain of Shakespeare's -plays with adjuncts of scenery, music, dancing, &c., and employed -artists and authors to aid him in carrying his design into -effect; amongst others, the plaintiff was employed to compose -and arrange the orchestral accompaniments. The Court of -Common Pleas held that the defendant was the author of the -entire production. Erle, C. J., said:</p> - -<blockquote> - -<p>"I am of opinion that the music so composed by the direction and -under the superintendence of the defendant, and as part of the general -plan of the spectacle, must, as between him and the plaintiff, become the -property of the defendant, and that consequently the defendant has -violated no right of the plaintiff in causing it to be represented in the -manner alleged."<a id="FNanchor_324" href="#Footnote_324" class="fnanchor">[324]</a></p></blockquote> - -<p>In <i>Wallerstein</i> v. <i>Herbert</i>,<a id="FNanchor_325" href="#Footnote_325" class="fnanchor">[325]</a> where the facts were similar to those -in <i>Hatton</i> v. <i>Kean</i>,<a id="FNanchor_326" href="#Footnote_326" class="fnanchor">[326]</a> that case was approved by the Court of -Queen's Bench. Cockburn, C. J., said:</p> - -<blockquote> - -<p>"Looking at the nature of this composition, it is clear that it became -a part and parcel of the drama, and was not an independent composition."</p></blockquote> - -<p>These decisions seem equally applicable to books which are -not dramatic compositions, but <i>quære</i> whether <i>Hatton</i> v. <i>Kean</i><a id="FNanchor_327" href="#Footnote_327" class="fnanchor">[327]</a> -did not go too far. It seems a strange thing to say that the -arranger of a play becomes the author of, <i>inter alia</i>, the musical -accompaniment of which, perhaps, he could not have composed -a single bar. Would, for instance, the author of a book be also -the author of illustrations which he had procured another to -draw for him? Kekewich, J., in <i>Petty</i> v. <i>Taylor</i>, thought -not.<a id="FNanchor_328" href="#Footnote_328" class="fnanchor">[328]</a></p> - -<p>The mere suggestion of a subject or idea which is then -entirely designed and executed by another does not constitute -the originator of the idea an author, even although the actual -<span class="pagenum" id="Page_64">[64]</span> -composer is his employee.<a id="FNanchor_329" href="#Footnote_329" class="fnanchor">[329]</a> In <i>Shepherd</i> v. <i>Conquest</i><a id="FNanchor_330" href="#Footnote_330" class="fnanchor">[330]</a> the -plaintiffs, proprietors of a theatre, employed a "stock author" -who, on payment of a weekly salary and travelling expenses, -composed plays for them. Under this employment the author -composed "Old Joe and Young Joe," a dramatic piece, which -he handed over to the plaintiffs, and which was produced by -them at their theatre. There was no contract or assignment -in writing, but there was an oral understanding that the plaintiffs -should have the sole right of representing the piece in -London. It was held in the Court of Common Pleas that the -plaintiffs had acquired no title under the Dramatic Copyright -Act, 3 & 4 Will. IV. c. 15, by reason of which they could sue an -infringement of the performing right.<a id="FNanchor_331" href="#Footnote_331" class="fnanchor">[331]</a> Jervis, C. J., delivered -the judgment of the Court:</p> - -<blockquote> - -<p>"We do not think it necessary in the present case to express any -opinion whether, under any circumstances, the copyright in a literary -work or the right of representation can become vested <i>ab initio</i> in an -employer other than the person who has actually composed or adapted a -literary work. It is enough to say in the present case that no such effect -can be produced when the employer merely suggests the subject, and has -no share in the design or execution of the work. It appears to us an -abuse of terms to say that in such a case the employer is the author of a -work to which his mind has not contributed an idea."</p></blockquote> - -<p>There may be joint authorship of a book. To constitute -joint authorship the work must be produced by joint labour in -prosecution of a preconceived joint design. In <i>Levy</i> v. <i>Rutley</i><a id="FNanchor_332" href="#Footnote_332" class="fnanchor">[332]</a> -A wrote a play, to which subsequently B added a scene, and -made a few alterations and additions in other parts of the piece. -It was held that there was not joint authorship. Byles, J., -said:</p> - -<blockquote> - -<p>"If the piece had been originally written by A and B jointly in prosecution -of a preconcerted joint design, the two might have been said to be -the co-authors of the whole play, notwithstanding that different portions -were respectively the sole productions of either."</p></blockquote> - -<p><span class="pagenum" id="Page_65">[65]</span></p> - -<p>And Keating, J., said:</p> - -<blockquote> - -<p>"I entirely agree with my brother Byles that though it may not be -necessary that each should contribute the same amount of labour, there -must be a joint labouring in furtherance of a common design."</p></blockquote> - -<p><i>Quære</i> whether co-authors are joint owners with the right of -survivorship. In <i>Marzials</i> v. <i>Gibbons</i><a id="FNanchor_333" href="#Footnote_333" class="fnanchor">[333]</a> it was suggested that they -were, but see the decisions where co-assignees are held to be -owners in common, or part owners without the right of survivorship.<a id="FNanchor_334" href="#Footnote_334" class="fnanchor">[334]</a> -<i>Quære</i> also whether each co-author, as is the case with -each co-assignee,<a id="FNanchor_335" href="#Footnote_335" class="fnanchor">[335]</a> is entitled to sue in respect of an invasion -without the concurrence of the other co-author or co-authors.</p> - -<p>Until <i>Walter</i> v. <i>Lane</i><a id="FNanchor_336" href="#Footnote_336" class="fnanchor">[336]</a> was decided in the House of Lords, -it was a prevalent opinion that the author must be he who -actually designs and by himself or through others composes the -literary matter contained in the book. That case, however, -demonstrates that the author is the first producer of literary -matter in "book" form, <i>i. e.</i> in some permanent form from which -it can be copied by the printer's compositor, usually, but not -necessarily, manuscript. As a rule such person is also the composer -of the literary matter contained in the book, but this is not -a necessary attribute of the character of author. In <i>Walter</i> v. -<i>Lane</i><a id="FNanchor_337" href="#Footnote_337" class="fnanchor">[337]</a> Lord Rosebery had delivered without reserve of any kind -certain public speeches. They were delivered orally, not having -been previously committed to writing. On the various occasions -when they were delivered reporters from the <i>Times</i> were present, -and they took down the speeches verbatim. From these reports -they were transcribed into long hand, and published in the -<i>Times</i>. Mr. Lane, a publisher, took these speeches from the -columns of the <i>Times</i>, and without any authority from the proprietors -thereof, published them in a volume entitled "Appreciations -and Addresses, by Lord Rosebery." In this action at the -instance of the proprietors of the <i>Times</i> for the infringement of -the copyright in their reports, it was finally held in the House of -Lords, firstly, that as these reports contained literary matter published -<span class="pagenum" id="Page_66">[66]</span> -for the first time in "book" form, they were the subject of -copyright, and secondly, that the reporters were the authors within -the meaning of the Act, since they first reduced the literary -matter orally delivered by Lord Rosebery to "book" form.</p> - -<h3><span class="smcap">Section IV.—The Employer.</span></h3> - -<p><b>Under Section 18.</b>—An employer is <i>ab initio</i> entitled to the -copyright when he employs an author within the meaning of -and subject to the conditions imposed by section 18. Section -18<a id="FNanchor_338" href="#Footnote_338" class="fnanchor">[338]</a> enacts that—</p> - -<blockquote> - -<p>"When any publisher or other person shall before or at the time of -the passing of the Act have projected, conducted, and carried on, or shall -hereafter project, conduct, and carry on, or be the proprietor of any -encyclopædia, review, magazine, periodical work, or work published in a -series of books or parts, or any book whatsoever, and shall have employed -or shall employ any persons to compose the same in any volumes, parts, -essays, articles, or portions thereof for publication in or as part of the -same, and such works, 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 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, and 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 shall not publish any such -essay, article, or portion separately or singly without the consent previously -obtained of the 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 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 -<span class="pagenum" id="Page_67">[67]</span> -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."</p></blockquote> - -<p>The nature of a proprietor's rights in the articles contributed -to his periodical under section 18 is well summarised by Chitty, J., -as follows:</p> - -<blockquote> - -<p>"This 18th section when fairly examined comes to this: the author of -a literary work is the proprietor of the copyright under the general sections -of the Act. If it is unpublished matter, probably the better term is to say -that his right is to prevent any one else from publishing. If it is published -matter, then his right is a true copyright, and it is to prevent anybody -else from multiplying copies, and that right is vested in him.... -Then comes this 18th section, the short effect of which is to transfer for -a limited period a portion of the copyright to the proprietor of the periodical -for whom the article has been composed; it being a condition that -there shall not only be a composition of the article on the terms that it -shall belong to the proprietor or publisher, but also that the sum agreed -to be paid has been paid."<a id="FNanchor_339" href="#Footnote_339" class="fnanchor">[339]</a></p></blockquote> - -<p><i>Scope of Section.</i>—In some of the earlier cases it seems to be -suggested that section 18 applies only to works of a periodical -nature.<a id="FNanchor_340" href="#Footnote_340" class="fnanchor">[340]</a> But this gives no meaning to the words "or any book -whatsoever," which surely could not be construed as including -only books <i>ejusdem generis</i> as periodicals. The first part of the -section appears to include all books if produced under the conditions -as to employment and payment there enacted.<a id="FNanchor_341" href="#Footnote_341" class="fnanchor">[341]</a> The -judgment in <i>Shepherd</i> v. <i>Conquest</i><a id="FNanchor_342" href="#Footnote_342" class="fnanchor">[342]</a> suggests that in the opinion of -the Court in that case section 18 did not apply when the performing -right in a play was claimed by the proprietors of a -theatre, the play having been produced by a "stock author" in -their employment. It is difficult to see why section 18 should -not be equally applicable to the performing right as to the copyright. -Section 20 of 5 & 6 Vict. c. 45 provides that—</p> - -<blockquote> - -<p>"The provisions hereinbefore enacted in respect of the property of -such copyright and of registering the same shall apply to the liberty of -<span class="pagenum" id="Page_68">[68]</span> -representing or performing any dramatic piece or musical composition as -if the same were herein expressly re-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."</p></blockquote> - -<p><i>Under such Employment.</i>—The author must be "employed" -and the work must be composed "under such employment." It -appears therefore that a work or part of a work would not come -within this 18th section unless actually executed in the course of -the author's employment by the proprietor. In other words, -there must be antecedent employment.<a id="FNanchor_343" href="#Footnote_343" class="fnanchor">[343]</a> A contribution voluntarily -sent to a magazine would not, even although accepted and -paid for on the terms that the copyright should belong to the -proprietors, come under the provisions of section 18. It is submitted -that it would become the sole property of the proprietor -of the magazine for all purposes without any reservation of the -right of separate publication to the author.<a id="FNanchor_344" href="#Footnote_344" class="fnanchor">[344]</a></p> - -<p>If A employs B, who in his turn employs C, the copyright -will vest in A if B acted as a mere agent for A. Thus in -<i>Stubbs</i> v. <i>Howard</i>,<a id="FNanchor_345" href="#Footnote_345" class="fnanchor">[345]</a> Stubbs employed the Mercantile Press to -obtain the necessary information for their Gazette, and the Mercantile -Press employed P. to collect and compile. It was held that -the copyright vested <i>ab initio</i> in Stubbs under section 18. But -if A employs and pays B to do certain literary work, and B, of -his own authority, employs and pays C, D, and E to do certain -portions of it, it is doubtful whether the copyright in these -portions will vest in A under section 18. The author has been -neither employed nor paid by the proprietor of the work since B -acted not as an agent for him, but as an independent contractor.<a id="FNanchor_346" href="#Footnote_346" class="fnanchor">[346]</a> -The operation of section 18 seems to be exhausted in the first -employment.</p> - -<p>"<i>On the terms that the copyright therein shall belong to such -proprietor.</i>"—The terms may be implied from the nature of the -employment and the circumstances under which the work is -<span class="pagenum" id="Page_69">[69]</span> -composed. In <i>Sweet</i> v. <i>Benning</i><a id="FNanchor_347" href="#Footnote_347" class="fnanchor">[347]</a> various members of the bar -had furnished reports of cases to the plaintiffs, the proprietors -of the <i>Jurist</i>. The reporters selected what cases they thought fit -to report and were paid for their work. The arrangements were -entirely oral, and nothing seems to have been said about copyright. -The Court of Common Pleas held that the proprietors of -the <i>Jurist</i> became the owners of the copyright under the 18th -section. Maule, J., in support of his opinion said:</p> - -<blockquote> - -<p>"When a man employs another to write an article or to do anything -else for him, unless there is something in the surrounding circumstances -or in the course of dealing between the parties to require a different construction, -in the absence of a special agreement to the contrary, it is to be -understood that the writing or other thing is produced upon the terms -that the copyright therein shall belong to the employer."</p></blockquote> - -<p>In <i>Trade Auxiliary</i> v. <i>Middlesborough</i><a id="FNanchor_348" href="#Footnote_348" class="fnanchor">[348]</a> the proprietors of <i>Stubbs' -Weekly Gazette</i> and two other weekly papers jointly employed -on salary two men to examine the official records and extract -the particulars of bills of sale and deeds of arrangement registered -in accordance with the Acts. The information so obtained -was published in the weekly papers. It was held that the proprietors -of the respective papers became owners of the copyright -under section 18. In <i>Lamb</i> v. <i>Evans</i><a id="FNanchor_349" href="#Footnote_349" class="fnanchor">[349]</a> the plaintiff employed and -paid several persons in canvassing for advertisements and -arranging them under appropriate headings in a Trades Directory. -Lindley, L. J., in giving judgment, said he thought that—</p> - -<blockquote> - -<p>"The burthen of proof was on the plaintiff to show that the headings -were composed upon the terms that the copyright therein should belong -to him; but the statute does not say anything about the kind of evidence -which is to be adduced for the purpose of proving that an article has been -composed on these terms.... If there is no express agreement the question -is, what is the inference to be drawn from the circumstances of the -case. In drawing the inference regard must be had to the nature of the -articles which are here merely the headings to groups of advertisements -with translations, and the view expressed by Mr. Justice Maule in <i>Sweet</i> v. -<i>Benning</i><a id="FNanchor_350" href="#Footnote_350" class="fnanchor">[350]</a> may be very safely acted upon, viz. that <i>primâ facie</i> at all events -<span class="pagenum" id="Page_70">[70]</span> -you will infer, in the absence of evidence to the contrary, from the fact of -employment and payment that one of the terms was that the copyright -should belong to the employer. That is not a necessary inference; but -in a case of this sort, where any other inference would be unbusinesslike, -I should not hesitate myself to draw that inference."</p></blockquote> - -<p>Bowen, L. J., in the same case, says:</p> - -<blockquote> - -<p>"From where are you to collect the terms? You may collect them -from what passed between the parties, that is to say between the plaintiff -and the persons whom he employed, but you may also collect them from -the nature of the business itself, and it seems to me to be impossible as a -matter of business to suppose that these headings were composed and -furnished to the plaintiff upon any other terms than that he was to have -the copyright in them, because otherwise those who composed them -having furnished them to the plaintiff might themselves have published -them and defeated his object."</p></blockquote> - -<p>On the other hand in <i>Walter</i> v. <i>Howe</i>,<a id="FNanchor_351" href="#Footnote_351" class="fnanchor">[351]</a> Jessel, M. R., held -that the <i>Times</i> could not sue in respect of a biography of Lord -Beaconsfield which had appeared in their columns. There was -evidence that the author had been paid for his literary services, -but there was apparently no evidence as to whether he had been -"employed" "on the terms that the copyright should belong" -to the plaintiff. Notice that in this case no antecedent employment -whatsoever is shown. In <i>Johnson</i> v. <i>Newnes</i><a id="FNanchor_352" href="#Footnote_352" class="fnanchor">[352]</a> a series of -stories were contributed to the <i>Weekly Dispatch</i> under an -arrangement between the proprietor and the author. The -author was not on the permanent staff of the <i>Weekly Dispatch</i>. -He was paid by the proprietors for his contributions, the -arrangement being that the author should have the right of -separately publishing the stories, provided such separate publication -did not take place until after all the stories had appeared -in the <i>Weekly Dispatch</i>. In an action by the author against an -infringer, Romer, J., in giving judgment for the plaintiff, said that -he had come to the conclusion that although the plaintiff was -paid he was not paid on the terms that the copyright in the -stories should belong to the proprietors of the journal. The -author had therefore not parted with the copyright and was the -proper plaintiff.<a id="FNanchor_353" href="#Footnote_353" class="fnanchor">[353]</a> -<span class="pagenum" id="Page_71">[71]</span></p> - -<p>In <i>Aflalo</i> v. <i>Lawrence</i><a id="FNanchor_354" href="#Footnote_354" class="fnanchor">[354]</a> the defendants published a work called -"The Encyclopædia of Sport." A, one of the plaintiffs, agreed -with the defendants that he would edit the work. He was to -receive £500 for his services, and to write without further remuneration -7000 words of special articles. He was entitled to -pursue his literary work in so far as it did not interfere with the -performance of his duties. A contributed an article to the -encyclopædia under this agreement. A, by the request of the -defendants, procured C, the other plaintiff, to write certain -articles for the encyclopædia at the rate of £2 per thousand -words. The articles of both plaintiffs were published in the -encyclopædia. Joyce, J., held that the contributions of neither -plaintiff came within section 18, since there was nothing to show -that they were contributed on the terms that the copyright -therein should belong to the defendants. The defendants were -therefore not entitled to publish the plaintiff's articles in any -other form than as part of the encyclopædia. In view of the -earlier authorities I think this decision is extremely doubtful.</p> - -<p><i>Joint Employers.</i>—As has been seen above in the case of -<i>Trade Auxiliary</i> v. <i>Middlesborough</i>,<a id="FNanchor_355" href="#Footnote_355" class="fnanchor">[355]</a> two or more proprietors of -several periodicals may jointly employ an author so as to acquire -the copyright under this section. Each has a separate copyright -in his respective paper, and, although the matter contributed to -the several papers is the same, may sue without joining the other -proprietors. Each is "a transferee by virtue of section 18 of -a limited portion of the copyright in that particular composition."<a id="FNanchor_356" href="#Footnote_356" class="fnanchor">[356]</a></p> - -<p><i>Payment.</i>—Not only must there be employment for reward, -but payment is a condition precedent. If payment is not proved -the section will not operate to transfer the copyright from the -author.<a id="FNanchor_357" href="#Footnote_357" class="fnanchor">[357]</a> Payment must be made before the commencement of -an action.<a id="FNanchor_358" href="#Footnote_358" class="fnanchor">[358]</a> It has been suggested that it must be made before -piracy, and this appears a sound view since there is no copyright -in the proprietor until payment, and an infringement before -<span class="pagenum" id="Page_72">[72]</span> -copyright is assigned is no cause of action in the assignee.<a id="FNanchor_359" href="#Footnote_359" class="fnanchor">[359]</a> -There is nothing to suggest that payment must be made before -publication.<a id="FNanchor_360" href="#Footnote_360" class="fnanchor">[360]</a></p> - -<p><i>Author's Separate Rights.</i>—When an author has contributed -to a periodical and the conditions of the section have been fulfilled -so as to vest the copyright in the proprietor of the periodical, -it would seem that for twenty-eight years, <i>i. e.</i> until the right of -publishing in separate form reverts to the author, the author has -no right to sue third parties in respect of an infringement without -joining the proprietor of the periodical as co-plaintiff. If, however, -the author, while contributing on the terms that the proprietor -should have the copyright, reserves the right of publishing -his composition in a separate form within the meaning of the -proviso at the end of the section, when he does publish in -separate form he will be entitled to copyright concurrently with -the proprietor, but semble that he will have no right to sue -alone until publication in separate form,<a id="FNanchor_361" href="#Footnote_361" class="fnanchor">[361]</a> or until the lapse of -twenty-eight years.</p> - -<p>During the twenty-eight years the proprietor of a periodical -work is not, apart from express agreement, entitled to publish the -contribution in separate form. If the proprietor does publish -separately in breach of the provision of the section, the author -has a right of action against him, and the author's right not -being one of copyright but in respect of a breach of implied -or statutory contract he does not require to be registered.<a id="FNanchor_362" href="#Footnote_362" class="fnanchor">[362]</a> -"Separate" means in any other form than the original collective -publication, whether as a single work by itself or in conjunction -with other matter. When the proprietor of a magazine reprinted -certain stories which had appeared in the magazine from time -to time, and published them as a supplement to the current -number, this was held to be a publication in separate form -which the author could prevent.<a id="FNanchor_363" href="#Footnote_363" class="fnanchor">[363]</a> So also the republication of -the Christmas number of a periodical under a different title, -form, and price, is a separate publication of an article contained -<span class="pagenum" id="Page_73">[73]</span> -in such number.<a id="FNanchor_364" href="#Footnote_364" class="fnanchor">[364]</a> A Christmas number of a serial publication, -although published in an entirely different form with separate -pagination and sold at a different price from the ordinary -numbers, is part of the periodical, and separate publication -of the stories therein will be prohibited under section 18.<a id="FNanchor_365" href="#Footnote_365" class="fnanchor">[365]</a></p> - -<p>An article may be contributed to a periodical under express -or implied terms that the copyright shall belong to the proprietor -for all purposes, in which case there will be no reservation of a -right of separate publication.<a id="FNanchor_366" href="#Footnote_366" class="fnanchor">[366]</a></p> - -<p>It should be clearly noted that the second part of section 18 -applies only to periodical works. Therefore in the case of an -encyclopædia or similar collective works the owner has, apart -from special terms, a right to publish the contributor's article -separately from the original publication.</p> - -<p><b>Employer's Rights where Section 18 does not Apply.</b>—A -question of some difficulty has been raised from time to time to -which there is no definite authoritative answer, viz. whether apart -from the provisions of section 18 the copyright ever vests -<i>ab initio</i> in the employer of an author. We shall see in dealing -with assignment that probably the sole right before publication -to acquire the copyright of a book on first publication may pass -from the author to his assignee without writing, either by an -implied gift on delivery of the manuscript or by express oral -assignment. The question now considered is whether by the -fact of employment alone the work of the employee may not -<i>ipso facto</i> on production become the property of his employer. -In <i>Sweet</i> v. <i>Benning</i><a id="FNanchor_367" href="#Footnote_367" class="fnanchor">[367]</a> it was held that the employment of certain -members of the bar as reporters came within section 18, and -that the copyright vested in the employers themselves; but -during the argument Maule, J., is reported to have said:</p> - -<blockquote> - -<p>"One might almost infer without the aid of an Act of Parliament that -one who employs another to write an article or to make anything else for -him is the owner or proprietor."</p></blockquote> - -<p>I think that this suggestion is wrong if applied to the case of an -independent contractor, and that if such an employment does not -come within section 18 there will be no proprietary right in the -<span class="pagenum" id="Page_74">[74]</span> -employer <i>ab initio</i>, although it may be transferred to him before -publication by mere delivery of the manuscript with the mutual -intention to convey all rights. But in the case of a servant or -agent who produces literary work in the course of his employment, -I think it is different. I think that his work will vest -<i>ab initio</i> irrespective of section 18, and that section 18 only -applies to an independent contractor and not to a servant. In -<i>Hildesheimer</i> v. <i>Dunn</i><a id="FNanchor_368" href="#Footnote_368" class="fnanchor">[368]</a> Kekewich, J., takes this view. He -says:</p> - -<blockquote> - -<p>"I entertain a strong opinion that when a person has composed verses, -we will say on behalf of another, that is to say as his servant or agent, -whether for pay or not, the person on whose behalf such verses are composed -is properly registered under the Act as the proprietor, notwithstanding -that there is no assignment in writing or indeed any assignment -at all."</p></blockquote> - -<h3><span class="smcap">Section V.—The Assignee.</span></h3> - -<p><b>Before Publication.</b>—Before a manuscript has been published -the right to publish and acquire the copyright may be -assigned so that on publication the copyright will be the -property of the assignee. If the publication takes place during -the lifetime of the author, the assignee takes the copyright under -sections 2 and 3 of the Copyright Act, 1842.<a id="FNanchor_369" href="#Footnote_369" class="fnanchor">[369]</a> Section 3 provides -"that the copyright in every book which shall, after the -passing of the Act, be published in the lifetime of its author ... -shall be the property of such author and his assigns." Section 2 -provides that the word "assigns" shall be "construed to -mean and include every person in whom the interest of an -author in copyright shall be vested, whether derived from such -author before or after the publication of any book, and whether -acquired by sale, gift, bequest, or by operation of law or otherwise." -If the publication takes place after the death of the -author, the assignee takes the copyright under section 3, which -enacts that "the copyright in every book which shall be published -after the death of its author ... shall be the property of -the proprietor of the author's manuscript from which such book -shall first be published and his assigns." The possession and -<span class="pagenum" id="Page_75">[75]</span> -right of property in the manuscript is <i>primâ facie</i> proof of the -right to publish and acquire copyright, but such proof may be -rebutted by showing that the possession or ownership of the -manuscript has been separated from the right to publish and -acquire copyright. Thus in the case of letters the literary -property remains in the writer and his assigns, whereas the -property in the physical substance of the manuscript has passed -to the receiver and his assigns.</p> - -<p>If an assignment of manuscript, purporting to carry with -it the right to publish and acquire copyright, is made before -publication, it is submitted that no writing is required. The -requirement that an assignment of copyright after publication -must be in writing is founded not on an express enactment, -but on implication from section 15 of the Copyright Act, 1842.<a id="FNanchor_370" href="#Footnote_370" class="fnanchor">[370]</a> -This section prohibits the reproduction of any book in which -there is subsisting copyright without the consent in writing of -the proprietor thereof. From this it is deduced by <i>a fortiori</i> -argument that an assignment of subsisting copyright must be -in writing.<a id="FNanchor_371" href="#Footnote_371" class="fnanchor">[371]</a> It does not in the least follow that the common -law right in manuscript may not be assigned by any mode -by which property of that description might be assigned at -common law. The Courts have not, however, sufficiently distinguished -between an assignment before and an assignment -after publication, and as a result the case law on the subject -is in a most unsatisfactory condition. There are several cases -under the statute of Anne, which statute, in very similar words -to the statute of Victoria, provides that copyright shall belong -to the author and his assignee or assigns. There is no definition -of "assigns," as in the statute of Victoria, but the rule -that assignment of copyright must be in writing is deduced in -the same way from the proviso that consent to copy must be -in writing. The cases under the statute of Anne should therefore -be equally applicable as authorities under the statute of -Victoria. In <i>Clementi</i> v. <i>Walker</i><a id="FNanchor_372" href="#Footnote_372" class="fnanchor">[372]</a> a French author had assigned -orally to an English subject the exclusive right of -printing and publishing a musical composition in this country. -<span class="pagenum" id="Page_76">[76]</span> -The work had not been published in England, and apart altogether -from the question of a prior publication in France, the -Court was of opinion that the publication in England did not -give copyright to the English publisher, "because there was -not any assignment or consent in writing given to the author -previously to that publication. The case of <i>Power</i> v. <i>Walker</i><a id="FNanchor_373" href="#Footnote_373" class="fnanchor">[373]</a> -is an authority to show that a parole assignment is not sufficient -to give to the assignee the privileges conferred by the legislature -upon the author." In <i>Colburn</i> v. <i>Duncombe</i><a id="FNanchor_374" href="#Footnote_374" class="fnanchor">[374]</a> there was -a written publishing agreement whereby the author agreed to -write a book and assign the whole copyright therein. On -completion the manuscript was delivered to the publisher, and -the author gave a written receipt for the consideration and -agreed to deliver a regular assignment when called upon. This -was never done, and in an action by the publisher against an -infringer it was held that he could not sue without the author -in whom the copyright had vested and remained. In <i>Sweet</i> v. -<i>Shaw</i><a id="FNanchor_375" href="#Footnote_375" class="fnanchor">[375]</a> the plaintiffs agreed with A and B that A and B should -report cases for them. A and B accordingly took notes of -cases, and these were printed and published by the plaintiffs. -Shadwell, V. C., said that he thought the plaintiffs had a copyright -in equity but not in law. "I cannot," he said, "see how -the agreement that persons shall prepare a work for the plaintiffs -gives the plaintiffs a copyright in law, for there can be no assignment -in law except of that which actually exists." In all these -three cases last cited it is submitted that the whole right of the -author should have been held to have passed to the publisher -by the delivery to him of the manuscript with the mutual -intention that he should acquire all rights therein. The first -case in which it is recognised that the author's right may before -publication pass without writing is <i>Jefferys</i> v. <i>Boosey</i>.<a id="FNanchor_376" href="#Footnote_376" class="fnanchor">[376]</a> Erle, J.,<a id="FNanchor_377" href="#Footnote_377" class="fnanchor">[377]</a> -and Coleridge, J.,<a id="FNanchor_378" href="#Footnote_378" class="fnanchor">[378]</a> decided that no writing was required. Speaking -of an oral assignment abroad of a manuscript subsequently -published here, Coleridge, J., said: "The assignee is clearly -<span class="pagenum" id="Page_77">[77]</span> -within the enabling clause of the statute (8 Anne, c. 19); he -is the assignee of an author, and even if these words may in -some cases mean an assignee under an instrument in writing -attested by two witnesses, it has not been shown or decided -that they must or can mean this in all cases. I think the contrary -has been shown. Larger words and less restrained the -legislature could scarcely have used, and on what sound principle -are we to import a restraint by implication?" Lord St. Leonards, -however, in the same case, seemed to be of opinion that the -assignment must be in writing and attested by two witnesses -(under 8 Anne, c. 19) even although made before publication. -In some of the cases the publisher with whom the author has -agreed that he shall have the whole copyright, but to whom -there has been no assignment in writing, has been said to be -an equitable owner of the copyright.<a id="FNanchor_379" href="#Footnote_379" class="fnanchor">[379]</a> But it is submitted that -if the manuscript passes before publication with mutual intention -to convey to the publisher all right, title, and interest -therein, the publisher is the legal assignee, and on publication -is the legal owner of the copyright, and there is no necessity -for a formal assignment in writing.<a id="FNanchor_380" href="#Footnote_380" class="fnanchor">[380]</a> The same principle may -not apply to performing rights in dramatic and musical works -under 3 & 4 Will. IV. c. 15. It is probable that statutory -performing rights vest in the author on production,<a id="FNanchor_381" href="#Footnote_381" class="fnanchor">[381]</a> and if this -is so there would probably be no common law performing -right, and therefore no common law assignment; the statutory -mode of assignment would attach from the beginning.<a id="FNanchor_382" href="#Footnote_382" class="fnanchor">[382]</a></p> - -<p><b>After Publication.</b>—After publication an assignment must be -in writing.<a id="FNanchor_383" href="#Footnote_383" class="fnanchor">[383]</a> It need not be by deed nor attested by witnesses,<a id="FNanchor_384" href="#Footnote_384" class="fnanchor">[384]</a> -<span class="pagenum" id="Page_78">[78]</span> -nor, it would seem, need it be signed by the proprietor or any -one.<a id="FNanchor_385" href="#Footnote_385" class="fnanchor">[385]</a> The assignment may be given by an agent. An assignment -does not require to be registered in order to make it valid -as a transfer of the property: but an assignee who sues must be -registered.<a id="FNanchor_386" href="#Footnote_386" class="fnanchor">[386]</a> If the assignor is registered as proprietor complete -assignment may be made by entry on the Book of Registry at -Stationers' Hall.<a id="FNanchor_387" href="#Footnote_387" class="fnanchor">[387]</a> Probably an author, even although not -registered, may make a valid assignment by registering the -book in the name of his assignee as proprietor.<a id="FNanchor_388" href="#Footnote_388" class="fnanchor">[388]</a> It has been -held that an unregistered author may so register himself and -two others and give all three a title to sue as joint proprietors, -from which it seems to follow that he could have registered the -two others without himself.<a id="FNanchor_389" href="#Footnote_389" class="fnanchor">[389]</a> An assignee may make the entry -on the register himself without the concurrence or consent of -his assignor.<a id="FNanchor_390" href="#Footnote_390" class="fnanchor">[390]</a></p> - -<p>In the case of an assignment made otherwise than by entry -on the register, the writing must in itself amount to a present -conveyance of the copyright although no particular words of -conveyance are required. An executory contract to assign is -not sufficient,<a id="FNanchor_391" href="#Footnote_391" class="fnanchor">[391]</a> neither will it invalidate a subsequent regular -assignment to others.<a id="FNanchor_392" href="#Footnote_392" class="fnanchor">[392]</a> A written agreement "to let A have" -a particular drama in discharge of a debt of £10 was held a -complete assignment of all rights in the drama.<a id="FNanchor_393" href="#Footnote_393" class="fnanchor">[393]</a> A receipt for -money purporting to be paid in respect of an assignment is not -in itself an assignment.<a id="FNanchor_394" href="#Footnote_394" class="fnanchor">[394]</a> The copyright will not pass merely by -the sale and transfer of possession of any instrument whereby -the book may be reproduced such as stereotype blocks.<a id="FNanchor_395" href="#Footnote_395" class="fnanchor">[395]</a> In the -<span class="pagenum" id="Page_79">[79]</span> -event of mesne assignments the burden of proof is in those -disputing the title to show that they were not <i>rite et solenniter -acta</i>;<a id="FNanchor_396" href="#Footnote_396" class="fnanchor">[396]</a> and even in the case of an alleged assignment to a party -in the action, a valid assignment has been presumed from a long -course of dealing without actual evidence of an assignment in -writing.<a id="FNanchor_397" href="#Footnote_397" class="fnanchor">[397]</a></p> - -<p>An executory contract or a purported assignment not valid at -law will be recognised in equity, and the Court will order specific -performance or compel the assignor to allow the assignee to sue -in the assignor's name.<a id="FNanchor_398" href="#Footnote_398" class="fnanchor">[398]</a></p> - -<p>The assignee cannot sue in his own name in respect of acts -of infringement committed before he became proprietor.<a id="FNanchor_399" href="#Footnote_399" class="fnanchor">[399]</a> An -assignee cannot, apart from special agreement, prevent his -assignor selling against him copies of the book which such -assignor has printed before assignment.<a id="FNanchor_400" href="#Footnote_400" class="fnanchor">[400]</a> Probably the assignment -of copyright implies a warranty of the right to convey, free -from encumbrances, and quiet enjoyment.<a id="FNanchor_401" href="#Footnote_401" class="fnanchor">[401]</a></p> - -<p>Co-assignees take as tenants in common and not as joint -tenants,<a id="FNanchor_402" href="#Footnote_402" class="fnanchor">[402]</a> and any one or more may maintain an action against -a stranger for an infringement of the entire copyright.<a id="FNanchor_403" href="#Footnote_403" class="fnanchor">[403]</a> It -follows that one of several co-assignees cannot grant an effective -licence without the concurrence of the others.<a id="FNanchor_404" href="#Footnote_404" class="fnanchor">[404]</a></p> - -<p>In <i>Jefferys</i> v. <i>Boosey</i><a id="FNanchor_405" href="#Footnote_405" class="fnanchor">[405]</a> Chief Baron Pollock expressed an -opinion that if a foreigner resident abroad had a copyright in -this country, an assignment valid by the laws of a foreign country -would be sufficient, inasmuch as copyright is expressly enacted -to be personal property, and would therefore pass according to -the laws of the country where the transfer took place. -<span class="pagenum" id="Page_80">[80]</span></p> - -<p><b>Partial Assignment.</b>—It was laid down in <i>Jefferys</i> v. <i>Boosey</i><a id="FNanchor_406" href="#Footnote_406" class="fnanchor">[406]</a> -by Lord St. Leonards that copyright was one and indivisible, -and could not be partially assigned. If this is correct, any -attempt to assign a partial right would operate if at all as a mere -licence. This opinion of Lord St. Leonards was in respect of -the statute of Anne. It seems to be more or less accepted that -under the statute of Victoria copyright is divisible; that there -may be partial assignment limited as to place,<a id="FNanchor_407" href="#Footnote_407" class="fnanchor">[407]</a> <i>e. g.</i> provincial -rights, right to publish in a particular country, or limited as to -the nature of the right,<a id="FNanchor_408" href="#Footnote_408" class="fnanchor">[408]</a> <i>e. g.</i> the right to dramatize, the right to -translate. This view appears to be based on section 13 of the -Act of Victoria,<a id="FNanchor_409" href="#Footnote_409" class="fnanchor">[409]</a> which enacts that a registered proprietor may -assign his interest or any portion therein by making entry on -the register. I do not think that this provision in itself is conclusive -or that it necessarily follows that a copyright can be split -up and partially assigned. Section 13 may merely mean that -the owner can assign a certain undivided share in his copyright -to another. Cotton, L. J., in <i>Trade Auxiliary</i> v. <i>Middlesborough</i>,<a id="FNanchor_410" href="#Footnote_410" class="fnanchor">[410]</a> -refers to Lord St. Leonards' doctrine. He does not disapprove -of it, but he distinguishes the case of common ownership in a -copyright from the case of a partial assignment as to place.</p> - -<p>In a case decided in the Supreme Court of New South -Wales,<a id="FNanchor_411" href="#Footnote_411" class="fnanchor">[411]</a> it was held that the assignee of a performing right -limited to the Australian colonies could sue in his own name -for infringement. The Court distinguished between the performing -right and the copyright. They said that even although the -copyright, in accordance with Lord St. Leonards' opinion, was not -divisible the performing right was.<a id="FNanchor_412" href="#Footnote_412" class="fnanchor">[412]</a></p> - -<p>In any view of partial assignment I do not think there can -be partial assignment as to time.<a id="FNanchor_413" href="#Footnote_413" class="fnanchor">[413]</a> Such an assignment would -create an estate in possession and reversion in personal property, -and there is no reason for holding that copyright is any -<span class="pagenum" id="Page_81">[81]</span> -exception to the general rule that such an interest cannot be -created in personalty. Equitable estates, limited as to time, -can no doubt be created as in the case of any other personal -property.<a id="FNanchor_414" href="#Footnote_414" class="fnanchor">[414]</a> What purports to be an assignment limited as to -time must as a rule be treated as a licence.</p> - -<p><b>Assignment distinguished from Licence.</b>—The distinction between -an assignment and a licence must be carefully observed; -questions of the utmost importance will often depend on -whether a transaction was one or the other. An assignment -is a conveyance of the right denuding the grantor and carrying -to the grantee the whole interest including the right to sue and -the right to re-assign, whereas a licence is only a personal -permission to the grantee to infringe the grantor's right, and -carries with it no right of action except in the grantor's name. -In determining whether a particular transaction is an assignment -or a licence, the first question is whether, on a true -construction of the statute, the right purported to be given -can be given by assignment or only by licence. If the right -is one so limited that it cannot legally be the object of assignment, -the transaction must necessarily be a licence; but if it can -legally be the object of assignment, the further question arises as -to what was the intention of the parties as evidenced by what they -have said and done. There may often be clear words to show -what was intended, but more often it may never have occurred -to the parties that there was any distinction between an assignment -and a licence, and the form used will consequently be -ambiguous. The principal test in such cases is to examine -the contract and the circumstances under which it was made, -and see whether or not it bears the impress of a reliance by -the grantor on the personal skill or reputation of the grantee. -If it does a licence will be presumed rather than an assignment; -for instance, in a publishing agreement a licence only will -be presumed, since either the pocket or the reputation of the -author would suffer if the right of publication were to pass into -incompetent hands.<a id="FNanchor_415" href="#Footnote_415" class="fnanchor">[415]</a> -<span class="pagenum" id="Page_82">[82]</span></p> - -<h3><span class="smcap">Section VI.—The Licensee.</span></h3> - -<p>Whether a bare licensee can bring an action for infringement -without joining the legal owner of the copyright is open to -doubt. It is submitted that he cannot. The essence of a -licence proper is that it is merely a personal relationship -between a licensor and a licensee whereby the latter is permitted -to infringe the former's copyright. The old cases are -not satisfactory. The distinction between partial assignment -and licence is not clearly drawn, and the result is a confusion of -the respective rights of the assignee and the licensee. In several -cases it was said that licensees could sue<a id="FNanchor_416" href="#Footnote_416" class="fnanchor">[416]</a> but <i>quære</i> whether -they were not really partial assignees. It has also been said -that an owner of copyright who has granted an exclusive licence -cannot sue in respect of an infringement which touches only the -rights included in such licence, unless such owner has the consent -of his licensee.<a id="FNanchor_417" href="#Footnote_417" class="fnanchor">[417]</a> This again, it is submitted, is not a -correct statement of the law, and arises from a confusion between -a partial assignee and a licensee. In <i>Taylor</i> v. <i>Neville</i><a id="FNanchor_418" href="#Footnote_418" class="fnanchor">[418]</a> the -grant of provincial performing rights although called a licence -was really treated as an assignment and distinguished from -a "merely personal licence." It is submitted that a licence -proper is always "merely personal" and that the grantor may sue -without consent of his licensee. Where a licence has been -granted or when there is doubt as to whether a particular grant -is an assignment or a licence, it will always be safer to join both -grantor and grantee as co-plaintiffs. A licence will not be presumed -to be a sole licence, and unless it is expressly stated, or -must necessarily be implied from the circumstances that it is so, -the first licensee cannot restrain the licensor from granting, or a -second licensee from acting on, a second licence.<a id="FNanchor_419" href="#Footnote_419" class="fnanchor">[419]</a> -<span class="pagenum" id="Page_83">[83]</span></p> - -<h3><span class="smcap">Section VII.—The Executors or Administrators.</span></h3> - -<p>Copyright is personal property, and descends on the death of -an owner to his personal representatives.<a id="FNanchor_420" href="#Footnote_420" class="fnanchor">[420]</a> "Assigns" is expressly -interpreted to include one taking by bequest or by operation of -law. The common law property in the manuscript passes on -the death of the owner in the same way as copyright. A bequest -of "all my books" has been held to include valuable manuscript -notes left by a physician.<a id="FNanchor_421" href="#Footnote_421" class="fnanchor">[421]</a></p> - -<h3><span class="smcap">Section VIII.—The Trustee in Bankruptcy.</span></h3> - -<p>Copyright comes within the vesting section of the Bankruptcy -Act and passes to the trustee of a bankrupt owner.<a id="FNanchor_422" href="#Footnote_422" class="fnanchor">[422]</a> A bankrupt's -unpublished works, probably, cannot be published for the -benefit of his creditors without his consent. -<span class="pagenum" id="Page_84">[84]</span></p> - -<hr class="chap" /> -<h2>CHAPTER IV<br /> - -INFRINGEMENT OF COPYRIGHT IN BOOKS</h2> - -<h3><span class="smcap">Section I.—Prohibited Acts, and Remedies.</span></h3> - -<p>Copyright is defined by the Copyright Act, 1842, as "the sole -and exclusive liberty of printing or otherwise multiplying copies." -Any invasion of this monopoly is an infringement of copyright. -Besides infringement of copyright, <i>i.e</i>. illegal copying, the Act -makes it an offence to deal in certain ways with unlawful copies. -The offences against copyright and the owner's remedies may be -conveniently summarised as follows:</p> - -<blockquote> - -<p>For the following offences:<a id="FNanchor_423" href="#Footnote_423" class="fnanchor">[423]</a></p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> Piratical copying.</span> - -<span class="i0"><span class="rgt">ii.</span> Importing for sale or hire unlawfully printed books.</span> - -<span class="i0"><span class="rgt">iii.</span> Selling or hiring, or having in possession for sale or -hire, unlawfully printed books, knowing the same -to be unlawfully printed.<a id="FNanchor_424" href="#Footnote_424" class="fnanchor">[424]</a></span> - -<span class="i0"><span class="rgt">iv.</span> Causing any of the above acts to be done.</span> -</div></div> - -<p>The remedies<a id="FNanchor_425" href="#Footnote_425" class="fnanchor">[425]</a> are an action in a Court of Record for:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Damages and account of profits.</span> - -<span class="i0">2. Delivery up of copies.</span> - -<span class="i0">3. Injunction.</span> -</div></div> - -<p>For the following offences:<a id="FNanchor_426" href="#Footnote_426" class="fnanchor">[426]</a></p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">v.</span> Importing without the consent of the proprietor a -foreign copy or copies,<a id="FNanchor_427" href="#Footnote_427" class="fnanchor">[427]</a> <i>i. e.</i> printed outside the -British dominion. -<span class="pagenum" id="Page_85">[85]</span></span> - -<span class="i0"><span class="rgt">vi.</span> Selling or hiring or having in possession for sale or -hire foreign copies knowing them to be unlawfully -imported.<a id="FNanchor_428" href="#Footnote_428" class="fnanchor">[428]</a></span> -</div></div> - -<p>The remedies are:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Seizure and destruction by any officer of Customs,<a id="FNanchor_429" href="#Footnote_429" class="fnanchor">[429]</a> -and on conviction before two justices of the peace.</span> - -<span class="i0">2. £10 for every offence.<a id="FNanchor_430" href="#Footnote_430" class="fnanchor">[430]</a></span> - -<span class="i0">3. Double the value of every copy dealt with,<a id="FNanchor_431" href="#Footnote_431" class="fnanchor">[431]</a> and</span> -</div></div> - -<p>An action in the High Court for</p> - -<div class="poem"><div class="stanza"> -<span class="i0">4. An injunction.<a id="FNanchor_432" href="#Footnote_432" class="fnanchor">[432]</a></span> -</div></div> - -</blockquote> - -<p><b>Causing to be Printed.</b>—The prohibition in section 15 is against -"printing, or causing to be printed." Thus the author, publisher,<a id="FNanchor_433" href="#Footnote_433" class="fnanchor">[433]</a> -and printer of a piratical book are all equally liable, and it is no -defence for the publisher, who has employed the printer, or for -the printer to say he was acting merely as an innocent agent.<a id="FNanchor_434" href="#Footnote_434" class="fnanchor">[434]</a> -There may sometimes be difficulty in determining whether a -person who, to a certain extent, is interested in the publication -has yet caused it to be printed within the meaning of the section. -Thus, in the case of <i>Kelly's Directories</i> v. <i>Gavin and Lloyds</i>,<a id="FNanchor_435" href="#Footnote_435" class="fnanchor">[435]</a> -the plaintiff had published a directory of merchants and shipping -statistics. The defendant Gavin prepared a similar directory, and -agreed with the defendants Lloyds for its publication. Lloyds -were to print part of it and allow the use of their name in the -title and receive some share in the profits. The book was -accordingly published under the title of "Lloyds' Diary for -Merchants, &c.," and bore on the title-page the statement -"printed at Lloyds, Royal Exchange, London." Part of the -book was held to be an infringement of the plaintiff's copyright; -but it was proved on the trial that that part was not printed by -Lloyds, but by a printer employed by Gavin, and that Lloyds -had no knowledge of its piratical nature. Byrne, J., found that -Lloyds were not partners in the undertaking with Gavin, and that -<span class="pagenum" id="Page_86">[86]</span> -the printing of the piratical portion was not done by the printer -as their agent. He therefore held that Lloyds had not "caused" -that portion to be printed within the meaning of the section, -and dismissed the action as against Lloyds, but without costs, -as they had allowed their name to appear on the title-page as -printers.</p> - -<p><b>Damages.</b>—An action for damages lies, irrespectively of -sections 15 or 23, for any infringement of copyright as defined -by section 2.<a id="FNanchor_436" href="#Footnote_436" class="fnanchor">[436]</a> The damages are damages as for conversion or -detinue,<a id="FNanchor_437" href="#Footnote_437" class="fnanchor">[437]</a> and may be matter for inquiry before a master or -official referee, but frequently are assessed by the judge on a -rough estimate.</p> - -<p><b>Account of Profits.</b>—An order for an account of profits is an -equitable remedy. The defendant is held to have been in possession -of the plaintiff's property, and must account for the profits -thereof.<a id="FNanchor_438" href="#Footnote_438" class="fnanchor">[438]</a> The account will be for an account of net profits.<a id="FNanchor_439" href="#Footnote_439" class="fnanchor">[439]</a> -On an interlocutory application for an injunction the defendant -may undertake to keep an account of profits until trial; but, -strictly, the right to an account depends on the right to an -injunction, and will not be ordered when the case for an injunction -fails.<a id="FNanchor_440" href="#Footnote_440" class="fnanchor">[440]</a> If the defendant's work is not wholly piratical, the -profits must be apportioned according to the relative value of -the piratical with the non-piratical matter. The defendant's -profits may not entirely recoup the plaintiff for the damage he -has suffered, and in that event he is entitled to an inquiry into -damages to supplement his compensation.<a id="FNanchor_441" href="#Footnote_441" class="fnanchor">[441]</a></p> - -<p><b>Injunction.</b>—This is also an equitable remedy. It is not -specially provided for in the Copyright Act, but being the ancillary -remedy in equity for the protection of legal rights, it will be -<span class="pagenum" id="Page_87">[87]</span> -granted or withheld according to the discretion of the Courts in -all cases of infringement or other offences against the Act.<a id="FNanchor_442" href="#Footnote_442" class="fnanchor">[442]</a></p> - -<p>An interim injunction is usually granted on motion before -trial where the plaintiff shows a <i>primâ facie</i> case on affidavit. In -doubtful cases weight will be given to the consideration which -side is more likely to suffer from an erroneous judgment.<a id="FNanchor_443" href="#Footnote_443" class="fnanchor">[443]</a> The -Court will consider the balance of convenience on the one side and -the other.<a id="FNanchor_444" href="#Footnote_444" class="fnanchor">[444]</a> The reason for granting an interim injunction is that a -continuing infringement might cause damage for which it would -be difficult or impossible to assess an adequate money compensation. -If the taking is of an inconsiderable part, an interim -injunction might not be given, although an injunction might -go at the hearing. In urgent cases an interim injunction may -be granted <i>ex parte</i>. In all interim injunctions the plaintiff -is, as a rule, required to undertake to give compensation to -the defendant if on trial he fails to establish his case.<a id="FNanchor_445" href="#Footnote_445" class="fnanchor">[445]</a> When -such an undertaking is given the defendant is, if he succeed -in his defence, entitled to an inquiry as to the damage sustained -on account of the interim injunction against him.<a id="FNanchor_446" href="#Footnote_446" class="fnanchor">[446]</a> -When there has been undue delay in bringing an action, or -where the conduct of the plaintiff has been such as to induce -the defendant to believe that his conduct would not be objected -to, an interim injunction will probably be refused.<a id="FNanchor_447" href="#Footnote_447" class="fnanchor">[447]</a> A mere -expression of opinion by the plaintiff that it would be legal to -make a certain use of his work is not a sufficient ground for -refusing an injunction if in point of law the use made by the -defendant is illegal.<a id="FNanchor_448" href="#Footnote_448" class="fnanchor">[448]</a> "Copyright is not to be lost by the mere -expression of opinion."<a id="FNanchor_449" href="#Footnote_449" class="fnanchor">[449]</a> At the hearing of the action a perpetual -injunction will be granted on the plaintiff proving his -title and infringement. Delay or acquiescence not amounting -<span class="pagenum" id="Page_88">[88]</span> -to fraud will not prevent an injunction going at the hearing -when the plaintiff proves his right;<a id="FNanchor_450" href="#Footnote_450" class="fnanchor">[450]</a> "for at the hearing of the -cause it is the duty of the Court to decide upon the rights of the -parties, and the dismissal of the bill upon the ground of acquiescence -amounts to a decision that a right which has once existed -is absolutely and for ever lost."<a id="FNanchor_451" href="#Footnote_451" class="fnanchor">[451]</a> When an infringement has -been shown the Court will not wait until it can ascertain distinctly -what parts have been pirated. It will grant an injunction -in general terms restraining the defendant, his agents, servants, -or workmen from further printing, publishing, selling, or otherwise -disposing of any copy or copies of the defendant's book -containing any passage or passages copied, taken, or colourably -altered from the plaintiff's book.<a id="FNanchor_452" href="#Footnote_452" class="fnanchor">[452]</a> If it appears that the piratical -parts of the defendant's book can be distinguished from that -which is innocent, this will be done in the injunction.<a id="FNanchor_453" href="#Footnote_453" class="fnanchor">[453]</a> For a -form of injunction against a servant restraining him from using -blocks and materials obtained while in the plaintiff's employment, -see <i>Lamb</i> v. <i>Evans</i>.<a id="FNanchor_454" href="#Footnote_454" class="fnanchor">[454]</a> An injunction will be granted -without any inquiry as to actual damages;<a id="FNanchor_455" href="#Footnote_455" class="fnanchor">[455]</a> but there must -be probability of damage. In <i>Borthwick</i> v. <i>Evening Post</i>,<a id="FNanchor_456" href="#Footnote_456" class="fnanchor">[456]</a> -Cotton, L. J., said:</p> - -<blockquote> - -<p>"In my opinion, in order to justify the Court in granting an injunction, -we ought to be satisfied that there probably will be injury to the pockets -of the plaintiff ... an injunction is an equitable remedy, and ought not -to be granted unless the Court is satisfied that there is damage to the -plaintiff—probable damage, not necessarily damage already suffered—as -the result of the defendant's conduct."<a id="FNanchor_457" href="#Footnote_457" class="fnanchor">[457]</a></p></blockquote> - -<p><i>Quære</i> whether an injunction will be granted to protect the -future numbers of a periodical. In <i>Cate</i> v. <i>Devon and Exeter -Constitutional Newspaper Company</i>,<a id="FNanchor_458" href="#Footnote_458" class="fnanchor">[458]</a> North, J., in granting an -injunction to restrain a systematic infringement of a periodical, -said:<span class="pagenum" id="Page_89">[89]</span></p> - -<blockquote> - -<p>"It is clear that an injunction can only be granted in respect of -matters in regard to which the plaintiffs now have the copyright and a -present right to sue; they cannot have any protection by injunction to -restrain the defendants from publishing hereafter any future entries with -respect to which the plaintiffs may possibly ... acquire a copyright, -... but as to which they clearly cannot at this moment have any copyright."<a id="FNanchor_459" href="#Footnote_459" class="fnanchor">[459]</a></p></blockquote> - -<p>In another case, however, where a single illustration had -been taken from <i>Punch</i>, Kekewich, J., said he saw no objection -to the injunction extending to the protection of the contents of -future numbers of <i>Punch</i>, and granted a perpetual injunction -accordingly against the <i>Ludgate Monthly</i>.<a id="FNanchor_460" href="#Footnote_460" class="fnanchor">[460]</a> An injunction will -not be granted when it is difficult or impossible to enforce -it,<a id="FNanchor_461" href="#Footnote_461" class="fnanchor">[461]</a> for instance, when the defendant can readily reprint the -same matter, compiling it from original sources.<a id="FNanchor_462" href="#Footnote_462" class="fnanchor">[462]</a> The piracy -proved may be so inconsiderable, and so little likely to -injure the plaintiff, that the Court may decline to interfere by -injunction.<a id="FNanchor_463" href="#Footnote_463" class="fnanchor">[463]</a></p> - -<p><b>Delivery up of Copies.</b>—All copies of any books wherein -there is copyright and of which entry has been made in the -Registry Book and which are unlawfully printed or imported, are -deemed to be the property of the registered proprietor of such -copyright, and he is entitled after demand in writing to sue for -the same in detinue and trover.<a id="FNanchor_464" href="#Footnote_464" class="fnanchor">[464]</a></p> - -<p>This right to the delivery up of pirated copies for the -benefit of the proprietor of the copyright is purely statutory. -Under the Acts of Anne and George III. the proprietor on -delivery up was enjoined to damask and make waste paper of the -copies.<a id="FNanchor_465" href="#Footnote_465" class="fnanchor">[465]</a> Under the Act of Victoria the proprietor for the first -time is entitled to recover such copies for his own use. It has -been doubted whether there was any right to delivery up at -<span class="pagenum" id="Page_90">[90]</span> -common law,<a id="FNanchor_466" href="#Footnote_466" class="fnanchor">[466]</a> but the bulk of authority is in favour of the view -that there was,<a id="FNanchor_467" href="#Footnote_467" class="fnanchor">[467]</a> although the delivery up was for destruction -only.<a id="FNanchor_468" href="#Footnote_468" class="fnanchor">[468]</a> It is a doubtful point whether section 23 applies to unlawful -copies made before registration of the plaintiff's title. -Fry, L. J., held that it did not,<a id="FNanchor_469" href="#Footnote_469" class="fnanchor">[469]</a> and therefore in the case of such -copies ordered delivery up for destruction as a common law -remedy, but refused the statutory remedy of delivery up for -the plaintiff's benefit. Jessel, M. R., however, differed from this -view,<a id="FNanchor_470" href="#Footnote_470" class="fnanchor">[470]</a> and thought that the 23rd section applied to unlawful -copies made before the plaintiff's title was registered. It must -also be considered doubtful whether section 23 applies where -the defendant's book is not merely a reprint of the plaintiff's. In -an Irish case O'Brien, J., said:</p> - -<blockquote> - -<p>"It would be difficult to maintain that under the 23rd section the -proprietor of the copyright in a book would acquire the property of all -copies of another book which contained printed therein a few pages or -passages of his book."<a id="FNanchor_471" href="#Footnote_471" class="fnanchor">[471]</a></p></blockquote> - -<p>But, whether or not in such a case the plaintiff would be -entitled under the section to extraction and delivery up for his -benefit of the pirated parts, he is under the general jurisdiction -of the Court entitled to delivery up for cancellation.<a id="FNanchor_472" href="#Footnote_472" class="fnanchor">[472]</a> In -<i>Warne</i> v. <i>Seebohm</i><a id="FNanchor_473" href="#Footnote_473" class="fnanchor">[473]</a> the order was that the defendant should -first state upon oath what copies of the work exist; secondly, -extract from those copies which are in his possession or power -and deliver up to the plaintiffs for cancellation all passages copied, -taken, or colourably imitated from the plaintiffs' book; thirdly, -produce to the plaintiffs, if required by them for examination, -the copies after the pirated passages have been extracted.<a id="FNanchor_474" href="#Footnote_474" class="fnanchor">[474]</a> -<i>Quære</i> whether the Court would order delivery up in an action -to which the person who owned the books and paper and at -whose expense the printing was executed was not a party.<a id="FNanchor_475" href="#Footnote_475" class="fnanchor">[475]</a> -<span class="pagenum" id="Page_91">[91]</span></p> - -<p><b>Customs Act.</b>—The Customs Laws Consolidation Act, 1876,<a id="FNanchor_476" href="#Footnote_476" class="fnanchor">[476]</a> -provides for the seizure of foreign books, and in this respect -is somewhat inconsistent with section 17 of the Copyright Act. -Section 42 of the Customs Act prohibits the importation of books -"first composed or written or printed in the United Kingdom -and printed or reprinted in any other country, as to which the -proprietor of such copyright or his agent shall have given to the -Commissioners of Customs a notice in writing duly declared<a id="FNanchor_477" href="#Footnote_477" class="fnanchor">[477]</a> -that such copyright subsists, such notice also stating when such -copyright will expire." On reference to section 17 of the Copyright -Act it will be noticed that the prohibition there is as to -books "reprinted in any country or place outside the British -dominions." <i>Quære</i> does the provision in the Customs Act -enlarge the protection by the words "printed or reprinted in -any other country"? Does this include the colonies? Again it -will be noticed that the Copyright Act has no condition as to notice -to the Commissioners of Customs. <i>Quære</i> is the notice required -by the Customs Act a condition precedent to all protection from -unlawful importation, and in this respect does the Customs Act -limit the provisions of the Copyright Act, or is the Customs Act -merely directory to the Custom-house officials? To be on the safe -side the notice should always be given. Section 44 of the Customs -Act provides for the keeping of a list of books as to which -notice has been given, and section 45 entitles any person who -shall have cause to complain of the insertion of any book in -such list to apply to a judge at chambers for the rectification -thereof.</p> - -<p><b>Every Offence.</b>—Each separate transaction of sale or importation -will constitute a separate offence, for which a -separate penalty of £10 will accrue.<a id="FNanchor_478" href="#Footnote_478" class="fnanchor">[478]</a> It would seem that -"every such offence" does not, as in the Artistic Copyright -Act, mean "or the sale or importation of every copy."<a id="FNanchor_479" href="#Footnote_479" class="fnanchor">[479]</a></p> - -<p><b>Limitation of Action.</b>—Section 26 of the Copyright Act, 1842, -enacts, "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 calendar months -<span class="pagenum" id="Page_92">[92]</span> -next after such offence committed, or else the same shall be void -and of none effect." It is clear that even although the remedy -for one offence is barred, that in no way extinguishes the owner's -right, and the owner may sue for subsequent offences;<a id="FNanchor_480" href="#Footnote_480" class="fnanchor">[480]</a> thus -although a piratical book has been printed and published more -than twelve months before action brought, yet the owner will -be entitled to sue in respect of sales, &c., made within the -twelve months. In a Scotch case, <i>Stewart</i> v. <i>Black</i>,<a id="FNanchor_481" href="#Footnote_481" class="fnanchor">[481]</a> it seems to -have been held by Lord President Boyle that the limitation in the -26th section did not apply to an action of damages for infringement, -and Malins, V. C., says <i>obiter</i> in <i>Weldon</i> v. <i>Dicks</i>,<a id="FNanchor_482" href="#Footnote_482" class="fnanchor">[482]</a> that in his -opinion the limitation only applies to an action for penalties. It -is submitted that <i>Stewart</i> v. <i>Black</i>, if applied to books published -after 1842, is wrong, and that the dictum of Malins, V. C., in -<i>Weldon</i> v. <i>Dicks</i>, is also wrong. The section seems sufficiently -clear and applicable to all actions brought in respect of an -infringement of copyright. The argument contra seems to be -based on the use of the words "for any offence that shall be -committed," from which it is argued, that penalties only are -pointed at. Offence, however, is used in the 15th section as -applicable to infringement of copyright not involving penalties. -In cases where the Public Authorities Protection Act applies, the -shorter limitation of six months must be substituted.<a id="FNanchor_483" href="#Footnote_483" class="fnanchor">[483]</a></p> - -<p><b>Pleading.</b>—The defendant is required to give to the plaintiff -a notice in writing of any objections on which he means to rely -on the trial of the action. If the defendant intends to dispute -that the plaintiff is author or first publisher, or that he is proprietor, -he must state the name of the person whom he alleges -to be the author or proprietor, together with the title of the -book and the time when, and the place where, such book was -first published.<a id="FNanchor_484" href="#Footnote_484" class="fnanchor">[484]</a> It has been said to be sufficient, in the case of -an old publication, to state the year of first publication without -stating the day and month in the notice of objections.<a id="FNanchor_485" href="#Footnote_485" class="fnanchor">[485]</a> -<span class="pagenum" id="Page_93">[93]</span></p> - -<p>The notice of objections must be specific, and give full notice -of the nature of the defence.<a id="FNanchor_486" href="#Footnote_486" class="fnanchor">[486]</a> If the defence is that the book -has not been registered at all, that must be stated.<a id="FNanchor_487" href="#Footnote_487" class="fnanchor">[487]</a> If a faulty -registration is relied on, it is not sufficient to deny that the book -has been duly registered; the notice must state what the particular -objection to the registration is.<a id="FNanchor_488" href="#Footnote_488" class="fnanchor">[488]</a> If the plaintiff's title is -denied, it will not do merely to state that the proprietor "is some -person unknown, but not the plaintiff;"<a id="FNanchor_489" href="#Footnote_489" class="fnanchor">[489]</a> the full particulars as -required by the section must be given.<a id="FNanchor_490" href="#Footnote_490" class="fnanchor">[490]</a> In objecting to the -registration, however, it is not necessary for the defendant to -state what the correct entry should he. Thus if he says the time -of first publication is wrongly entered, he does not require to -specify the true date of first publication.<a id="FNanchor_491" href="#Footnote_491" class="fnanchor">[491]</a> It is unnecessary to -deliver a separate "Notice of Objections," as was the practice at -one time,<a id="FNanchor_492" href="#Footnote_492" class="fnanchor">[492]</a> it is sufficient if it is incorporated in the defence. -A suggestion of defective title contained in an affidavit would -not be sufficient.<a id="FNanchor_493" href="#Footnote_493" class="fnanchor">[493]</a> If a defective title is apparent from the -plaintiff's own statement of claim or evidence, the action would -probably be dismissed by the Court, <i>proprio motu</i>, even although -the defendant had not given notice of objection.<a id="FNanchor_494" href="#Footnote_494" class="fnanchor">[494]</a> Leave to -amend the pleadings and take further objection may be allowed -on conditions under the judicial discretion given by the Rules -of the Supreme Court,<a id="FNanchor_495" href="#Footnote_495" class="fnanchor">[495]</a> but if the objection be merely technical, -the Court will not give leave to amend,<a id="FNanchor_496" href="#Footnote_496" class="fnanchor">[496]</a> unless, perhaps, the -plaintiff had otherwise fair notice that the objection might be -taken.<a id="FNanchor_497" href="#Footnote_497" class="fnanchor">[497]</a> It has been held by a County Court judge that section -16 of the Copyright Act does not apply to proceedings in the -<span class="pagenum" id="Page_94">[94]</span> -County Court, as that Court was created after the date of the -Act.<a id="FNanchor_498" href="#Footnote_498" class="fnanchor">[498]</a></p> - -<p>The plaintiff may be ordered to specify the particular -passages which he is prepared to prove have been pirated -from his work.<a id="FNanchor_499" href="#Footnote_499" class="fnanchor">[499]</a></p> - -<p><b>Evidence.</b>—The great test of piracy is coincidence of blunders, -and when some passages are proved by the recurrence of blunders -to have been copied, other passages which are the same with -passages in the original book are presumed <i>primâ facie</i> to be -likewise copied, although no blunders occur in them.<a id="FNanchor_500" href="#Footnote_500" class="fnanchor">[500]</a></p> - -<p>It will greatly prejudice the defendant if his manuscript is -not produced or accounted for.<a id="FNanchor_501" href="#Footnote_501" class="fnanchor">[501]</a></p> - -<p>A denial by the defendant that he has made any use whatsoever -of the plaintiff's work raises a presumption of piracy if it is shown -that he must have made some use of it, however fair.<a id="FNanchor_502" href="#Footnote_502" class="fnanchor">[502]</a></p> - -<p>To prove that A on a certain date heard certain music performed -from printed sheets, is no evidence that the music was -published as a book at that date.<a id="FNanchor_503" href="#Footnote_503" class="fnanchor">[503]</a></p> - -<p><b>Discovery.</b>—The defendant is entitled to administer interrogatories -to ascertain the extent of the sale of plaintiff's book, -and to enable the defendant to ascertain the damages and pay -into Court.<a id="FNanchor_504" href="#Footnote_504" class="fnanchor">[504]</a></p> - -<p>The plaintiff is entitled to interrogate as to the original sources -from which the defendant alleges his work to have been compiled.<a id="FNanchor_505" href="#Footnote_505" class="fnanchor">[505]</a></p> - -<p><b>Mode of Trial.</b>—Formerly the question of piracy or no -piracy and the amount of damages was frequently tried by jury, -but now the trial of the action is almost invariably before a -judge alone, either in the Chancery or the King's Bench Division. -Either party may ask for a trial by jury, but not as a matter -of right, it is a matter entirely in the discretion of the -Court and semble that the onus lies on the party applying -<span class="pagenum" id="Page_95">[95]</span> -for a jury to show that the cause could be more conveniently -tried in that way.<a id="FNanchor_506" href="#Footnote_506" class="fnanchor">[506]</a></p> - -<p><b>Costs.</b>—In copyright as in other actions a successful party -may be refused his costs. The plaintiff will not get his costs if -he has unduly acquiesced in the defendant's conduct, and thereby -induced the defendant to incur expenses,<a id="FNanchor_507" href="#Footnote_507" class="fnanchor">[507]</a> or if after acquiescence -and delay an action is brought without fair warning.<a id="FNanchor_508" href="#Footnote_508" class="fnanchor">[508]</a> So, too, -if the plaintiff has suffered no real harm, but brings an action for -the purpose of making money out of it;<a id="FNanchor_509" href="#Footnote_509" class="fnanchor">[509]</a> and in one case where -the Court was of opinion that although the plaintiff was entitled -to nominal damages, the action was one which should never -have been brought, the plaintiff was ordered to pay the defendant's -costs as well as his own.<a id="FNanchor_510" href="#Footnote_510" class="fnanchor">[510]</a> If the plaintiff has increased the -expenses by raising other questions in which he has failed, the -costs will be apportioned.<a id="FNanchor_511" href="#Footnote_511" class="fnanchor">[511]</a> A defendant, although successful, -may lose his costs or part of them if he has acted in such a way -as was not fair and right as between man and man;<a id="FNanchor_512" href="#Footnote_512" class="fnanchor">[512]</a> for instance, -if he has made some use of the plaintiff's book, but does not -acknowledge it at the hearing.<a id="FNanchor_513" href="#Footnote_513" class="fnanchor">[513]</a> A successful defendant may -lose his costs if in his defence he challenges the plaintiff's title -and fails in his attack, but wins on the question of piracy. If a -defendant by his conduct in lending his name to a publication -has led the plaintiff to assume that he "caused it to be printed," -he will probably not be allowed his costs.<a id="FNanchor_514" href="#Footnote_514" class="fnanchor">[514]</a> A defendant may -also be refused his costs if the Court is of opinion that he -brought the action on himself by sailing too near the wind.<a id="FNanchor_515" href="#Footnote_515" class="fnanchor">[515]</a> -The Court will not encourage a plagiarist or one who has made -an illiberal use of another's work, even although he has not -actually committed a piracy. Costs have also been refused -<span class="pagenum" id="Page_96">[96]</span> -where, although the defendant succeeded, his defence was a -merely technical one, such as a defect in registration.<a id="FNanchor_516" href="#Footnote_516" class="fnanchor">[516]</a> If copyright -is claimed in part of a book only, the whole of which is -registered without distinction, the notice of motion or statement -of claim should specify the parts in which copyright is claimed, -or the plaintiff may be liable in costs unnecessarily incurred by -the defendant.<a id="FNanchor_517" href="#Footnote_517" class="fnanchor">[517]</a></p> - -<h3><span class="smcap">Section II.—What is a Piratical Copy.</span></h3> - -<p>Literary property may be invaded in three ways:</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">(i.)</span> Open Piracy;</span> -<span class="i0"><span class="rgt">(ii.)</span> Literary Larceny;</span> -<span class="i0"><span class="rgt">(iii.)</span> Commercial Fraud.<a id="FNanchor_518" href="#Footnote_518" class="fnanchor">[518]</a></span> -</div></div> - -<p>With the first there is no difficulty once a title has been -established and the pirate caught. It consists in a bodily -reprinting and publishing of the whole or of large portions of -a copyright book. The third is not properly speaking an infringement -of copyright. It is the invasion of the common law -rights of an author or publisher, and will be dealt with later. -The second, literary larceny, gives rise to many difficult -questions and is dealt with in this section.</p> - -<p>The question put by the law is, in its simplest form: "Is the -alleged infringement an unauthorised copy of the whole or part -of a copyright work?" The statute does not attempt to define -what a copy is, and such rules as there are for determining -whether one work is a copy of another are entirely derived from -the case law on the subject. It is impossible to lay down any -very definite rules as to infringement; it is really a question -of fact not of law; and although now almost invariably tried by -a judge sitting alone, it was at one time constantly referred to -the decision of a jury. The judges either in giving their own -decisions or in directing juries have from time to time laid down -general rules as an aid to determining these questions of fact.</p> - -<p>The Copyright Acts have always received a liberal interpretation -in favour of the author, and against the plagiarist. "If we -<span class="pagenum" id="Page_97">[97]</span> -can construe the Act so as to promote fair and honest dealing, -such a construction is to be preferred."<a id="FNanchor_519" href="#Footnote_519" class="fnanchor">[519]</a></p> - -<p><b>What is a Copy.</b>—A copy is that which will provide a substitute -for the whole or for a substantial part of the original book.<a id="FNanchor_520" href="#Footnote_520" class="fnanchor">[520]</a> -The owner of the copyright has the sole and exclusive liberty -of printing or otherwise multiplying copies. It has been held -that the right is not in any way limited by section 15 of the Copyright -Act, 1842, which section applies its remedy only to cases -where the subject-matter is multiplied by printing.<a id="FNanchor_521" href="#Footnote_521" class="fnanchor">[521]</a> Thus copies -produced by writing,<a id="FNanchor_522" href="#Footnote_522" class="fnanchor">[522]</a> lithography,<a id="FNanchor_523" href="#Footnote_523" class="fnanchor">[523]</a> type writing,<a id="FNanchor_524" href="#Footnote_524" class="fnanchor">[524]</a> photography,<a id="FNanchor_525" href="#Footnote_525" class="fnanchor">[525]</a> are -copies within the meaning of the Act. The symbols used matter -little in themselves; the question in each case is whether the -defendants are multiplying copies.<a id="FNanchor_526" href="#Footnote_526" class="fnanchor">[526]</a> It is not necessary that the -copy should be primarily intended to be used for the same -purpose as the original. Thus a copy in shorthand characters -intended for instruction in shorthand was held to be an infringement -of a story in a magazine.<a id="FNanchor_527" href="#Footnote_527" class="fnanchor">[527]</a> But the copy must provide -a reasonable substitute for the whole or part of the original -work. A perforated scroll used for the mechanical reproduction -of music from an instrument is not a copy, since no reasonable -being would use it as a substitute for the original sheet of music.<a id="FNanchor_528" href="#Footnote_528" class="fnanchor">[528]</a></p> - -<p><b>A Substantial Part must be Taken.</b>—In other words, <i>De -minimis non curat lex</i>.</p> - -<blockquote> - -<p>"Part is not necessarily the same as particle, and there may be a -taking so minute in its extent and so trifling in its nature as not to incur -the statutable liability."<a id="FNanchor_529" href="#Footnote_529" class="fnanchor">[529]</a></p></blockquote> - -<p>In <i>Sweet</i> v. <i>Benning</i>,<a id="FNanchor_530" href="#Footnote_530" class="fnanchor">[530]</a> Jervis, C. J., said:</p> - -<blockquote> - -<p>"It is undoubtedly exceedingly difficult, perhaps absolutely impossible, -to lay down any general rule upon this subject. I do not assent to -<span class="pagenum" id="Page_98">[98]</span> -the argument that every publication of a portion of a work in which there -is subsisting copyright will afford a ground of action: it is a question of -degree which must depend upon the circumstances of each particular -case."</p></blockquote> - -<p>In <i>Chatterton</i> v. <i>Cave</i>,<a id="FNanchor_531" href="#Footnote_531" class="fnanchor">[531]</a> Brett, J., said:</p> - -<blockquote> - -<p>"Unless there is a taking of a material and substantial part there is -no infringement of copyright. It is true that the question under the -second section is not only whether the whole production has been copied, -but also whether a part has been copied; but by a part this section must -mean a material and substantial part."<a id="FNanchor_532" href="#Footnote_532" class="fnanchor">[532]</a></p></blockquote> - -<p>In <i>Chatterton</i> v. <i>Cave</i>,<a id="FNanchor_533" href="#Footnote_533" class="fnanchor">[533]</a> two small points or incidents were -taken from one drama by the author of another, and it was -held that the taking was not of a substantial part. In <i>Pike</i> v. -<i>Nicholas</i>,<a id="FNanchor_534" href="#Footnote_534" class="fnanchor">[534]</a> in the case of two rival essays on the same subject, -one quotation from a classical author was taken by the defendant -directly from the plaintiff's book; Lord Hatherley, L. C., and -Giffard, L. J., were of opinion that it would not do to show -merely one or two passages; some material part of the book -must be shown to have been taken.</p> - -<p>The question is not altogether one of quantity, it is perhaps -mainly one of quality,<a id="FNanchor_535" href="#Footnote_535" class="fnanchor">[535]</a> and depends on the character of the work -and the relative value of the material taken.<a id="FNanchor_536" href="#Footnote_536" class="fnanchor">[536]</a></p> - -<blockquote> - -<p>"The question of the extent of appropriation which is necessary to -establish an infringement of copyright is often one of extreme difficulty: -but in cases of this description the quality of the piracy is more important -than the proportion which the borrowed passages bear to the whole -work."<a id="FNanchor_537" href="#Footnote_537" class="fnanchor">[537]</a></p> - -<p>"It ought to be clearly established that, looking at the works as a -whole, there has been a substantial appropriation by the one party of the -independent labour of the other before any proceeding on the ground of -copyright can be justified."<a id="FNanchor_538" href="#Footnote_538" class="fnanchor">[538]</a></p> - -<p>"When it comes to a question of quantity it must be very vague. -<span class="pagenum" id="Page_99">[99]</span> -One writer might take all the vital<a id="FNanchor_539" href="#Footnote_539" class="fnanchor">[539]</a> part of another's book, though it -might be but a small proportion of the book in quantity. It is not only -quantity, but value that is always looked to."<a id="FNanchor_540" href="#Footnote_540" class="fnanchor">[540]</a></p> - -<p>"The principle of the cases is that, when one man for his own profit -puts into his work an essential part of another man's work from which -that other may still derive profit, or from which but for the act of the -first he might have derived profit, there is evidence of piracy."<a id="FNanchor_541" href="#Footnote_541" class="fnanchor">[541]</a></p></blockquote> - -<p>Although it is no excuse for infringement to say that the -matter taken has been improved upon or added to, yet there -may be so much new matter that the part borrowed becomes -so insignificant that the Courts will not interfere. In <i>Mawman</i> v. -<i>Tegg</i>,<a id="FNanchor_542" href="#Footnote_542" class="fnanchor">[542]</a> Lord Chancellor Eldon says:</p> - -<blockquote> - -<p>"After the quantity of matter which has been copied has been -ascertained, the quantity of matter not piratical with which the piratical -matter has been intermixed is still a circumstance of great importance."</p></blockquote> - -<p>The materiality of the part taken may sometimes be judged -more by the proportion which it bears to the defendant's work -than to the work from which it is taken. Thus in <i>Neale</i> v. -<i>Harmer</i><a id="FNanchor_543" href="#Footnote_543" class="fnanchor">[543]</a> the plaintiff had prepared and published an elaborate -work intituled "The Abbey Church of St. Alban," containing -about 200 architectural drawings. The defendant took and published -three of these in a magazine article on St. Alban's Abbey, -and they were the only strictly architectural drawings illustrating -the article. It was held to be an infringement. Kekewich, J., -said in his judgment:</p> - -<blockquote> - -<p>"It is said that these drawings did not form a material part of the -plaintiff's work. In one sense that is true. The plaintiff's work is a -large one, and it is a very learned work. The test is not so much -what proportion of the plaintiff's work had been taken, but rather what -portion of the defendant's work is the plaintiff's."</p></blockquote> - -<p>In questions of amount it is material to inquire whether the -matter was taken so as to compete with the plaintiff's work,<a id="FNanchor_544" href="#Footnote_544" class="fnanchor">[544]</a> but -<span class="pagenum" id="Page_100">[100]</span> -an infringement need not necessarily be shown to be in competition -with the work infringed, since it is sufficient if the -defendant has made such a use of part of the plaintiff's work as -the plaintiff might himself have done.</p> - -<p>If matter is taken regularly and systematically by one periodical -from another, and particularly if it is taken and claimed to -be taken as of right, a very small amount will suffice.<a id="FNanchor_545" href="#Footnote_545" class="fnanchor">[545]</a> As to a -claim of right, North, J., said in <i>Cate</i> v. <i>Devon</i>:</p> - -<blockquote> - -<p>"That of itself is sufficient to put the plaintiff in the wrong in the -action and get over any question as to the amount of matter actually -taken."<a id="FNanchor_546" href="#Footnote_546" class="fnanchor">[546]</a></p></blockquote> - -<p>Although the Court will not grant a remedy for a trifling -infringement, it will not refuse an injunction merely on account -of the minute inquiries into detail which, in some cases, may be -necessary to establish even an extensive piracy.<a id="FNanchor_547" href="#Footnote_547" class="fnanchor">[547]</a></p> - -<p><b>No Animus Furandi need be Proved.</b>—In <i>Cary</i> v. <i>Kearsley</i><a id="FNanchor_548" href="#Footnote_548" class="fnanchor">[548]</a> -Lord Ellenborough's judgment contained a reference to the -<i>animus furandi</i> in cases of infringement, from which a mistaken -idea seems to have arisen that in all cases of infringement the -<i>animus furandi</i> must be proved.<a id="FNanchor_549" href="#Footnote_549" class="fnanchor">[549]</a> Lord Ellenborough said:</p> - -<blockquote> - -<p>"That part of the work of one author is found in another is not -in itself piracy or sufficient to support an action; a man may fairly adopt -part of the work of another; he may so make use of another's labours for -the promotion of science and the benefit of the public, but having done -so the question will be, was the matter so taken used fairly with that view -and without what I may term the <i>animus furandi</i>."<a id="FNanchor_550" href="#Footnote_550" class="fnanchor">[550]</a></p></blockquote> - -<p>This did not mean that in every case of infringement alleged -it was necessary to prove an <i>animus furandi</i> or guilty intention. -Lord Ellenborough in a subsequent case<a id="FNanchor_551" href="#Footnote_551" class="fnanchor">[551]</a> said:</p> - -<blockquote> - -<p>"The intention to pirate is not necessary in an action of this sort; it -is enough that the publication complained of is in substance a copy -<span class="pagenum" id="Page_101">[101]</span> -whereby a work vested in another is prejudiced. If A takes the property -of B the <i>animus furandi</i> is inferred from the act."<a id="FNanchor_552" href="#Footnote_552" class="fnanchor">[552]</a></p></blockquote> - -<p>In <i>Scott</i> v. <i>Stanford</i>,<a id="FNanchor_553" href="#Footnote_553" class="fnanchor">[553]</a> Page Wood, V. C., after quoting the -above passage from Lord Ellenborough's judgment in <i>Cary</i> v. -<i>Kearsley</i>,<a id="FNanchor_554" href="#Footnote_554" class="fnanchor">[554]</a> said:</p> - -<blockquote> - -<p>"It is urged that this is a case in which no <i>animus furandi</i> can be -found on the part of Mr. Hunt, who has taken these statistics in perfect -good faith and with the fullest acknowledgment<a id="FNanchor_555" href="#Footnote_555" class="fnanchor">[555]</a> in his book of the -source from which they are derived. But if in effect the great bulk of -the plaintiff's publication—a large and vital portion of his work and -labour—has been appropriated and published in a form which will -materially injure his copyright, mere honest intention on the part of the -appropriator will not suffice, as the Court can only look at the result and -not at the intention in the man's mind at the time of doing the act complained -of, and he must be presumed to intend all that the publication of -his work effects."<a id="FNanchor_556" href="#Footnote_556" class="fnanchor">[556]</a></p></blockquote> - -<p>Although the <i>animus furandi</i> does not require to be proved, -it is a useful aid to proof, and where it appears piracy is more -readily presumed.<a id="FNanchor_557" href="#Footnote_557" class="fnanchor">[557]</a></p> - -<p><b>Taking not necessarily for Profit.</b>—The prohibition in -section 15 of the Copyright Act, 1842, is against printing or -causing to be printed "either for sale or exportation," but as this -has been held not to confine piracy to copying by means of -printing, neither does it confine it to copying for sale or exportation, -and the purpose for which the copy when made is to -be used is immaterial. In <i>Alexander</i> v. <i>Mackenzie</i><a id="FNanchor_558" href="#Footnote_558" class="fnanchor">[558]</a> the Society of -Writers to the Signet in Edinburgh prepared for the use of their -own members a book of forms taken largely from a similar -copyright work. The Court of Session held that this was an -infringement of copyright. A catalogue of books, although not -intended for sale, may be an infringement of another catalogue;<a id="FNanchor_559" href="#Footnote_559" class="fnanchor">[559]</a><span class="pagenum" id="Page_102">[102]</span> -manuscript copies of a copyright song distributed exclusively -among the members of a philharmonic society,<a id="FNanchor_560" href="#Footnote_560" class="fnanchor">[560]</a> and a telegraphic -code distributed only among the agents of a shipping -firm have also been prohibited.<a id="FNanchor_561" href="#Footnote_561" class="fnanchor">[561]</a> In <i>Ager</i> v. <i>The P. & O.</i>, Kay, J., -said:</p> - -<blockquote> - -<p>"It has long been settled that multiplying copies for private -distribution among a limited class of persons is just as illegal as if it were -done for the purpose of sale."</p></blockquote> - -<p>It is submitted that making a single copy for private use is an -infringement.</p> - -<p><b>Copying may be Indirect and Unintentional.</b>—If matter in -which copyright exists is taken it is immaterial that the appropriation -was made not directly from the original work but -indirectly through some other work, copyright or non-copyright, -authorised or unauthorised. Thus a book may be infringed -by retranslating or copying a translation of it,<a id="FNanchor_562" href="#Footnote_562" class="fnanchor">[562]</a> and a drama may -be infringed by dramatizing a novel founded on the drama.<a id="FNanchor_563" href="#Footnote_563" class="fnanchor">[563]</a> In -<i>Cate</i> v. <i>Devon and Exeter Constitutional Newspaper Company</i>,<a id="FNanchor_564" href="#Footnote_564" class="fnanchor">[564]</a> it -was argued that an indirect copying could not be considered an -infringement, because since the copyist is ignorant of what works -he is indirectly copying, he cannot know whether or not he is -infringing any copyright books, but this argument was rejected. -Ignorance on the part of the copyist does not excuse him from -the consequences of his act.<a id="FNanchor_565" href="#Footnote_565" class="fnanchor">[565]</a></p> - -<p><b>Custom of Trade</b> has been pleaded in defence of what was -otherwise clearly a piracy. A custom was alleged whereby -provincial newspapers were entitled to make large extracts, -without criticism, from articles in magazines which were sent -to them;<a id="FNanchor_566" href="#Footnote_566" class="fnanchor">[566]</a> and in another case "a usual practice" among -publishers of magazines to take articles from each other<a id="FNanchor_567" href="#Footnote_567" class="fnanchor">[567]</a> was -<span class="pagenum" id="Page_103">[103]</span> -pleaded. It is clear that no such customs can be admitted. -In <i>Walter</i> v. <i>Steinkopff</i><a id="FNanchor_568" href="#Footnote_568" class="fnanchor">[568]</a> the <i>St. James' Gazette</i> alleged that -there was a universal understanding among journalists and -newspaper proprietors that paragraphs of news may be quoted -verbatim by one daily paper from another without express -consent, provided (1) the source was acknowledged, (2) the -papers were not direct rivals, (3) there is give and take between -the papers, and (4) no expressed objection. The <i>St. James' -Gazette</i> took articles from the <i>Times</i> on this alleged footing. -North, J., held that they had not complied with these conditions, -and that even if they had it would have been no defence.</p> - -<blockquote> - -<p>"The plea of the existence of such a habit or practice of copying, as -is set up, can no more be supported when challenged than the highwayman's -plea of the custom of Hounslow Heath."<a id="FNanchor_569" href="#Footnote_569" class="fnanchor">[569]</a></p></blockquote> - -<p><b>Fair Use.</b>—When an author writes on a subject in which -there are common sources of information he must do the work -of research and compilation for himself, and the only use he -can lawfully make of a prior copyright work on the same -subject is—</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> Using the information or the ideas contained in it without -copying its words or imitating them so as to produce -what is substantially a copy.</span> - -<span class="i0"><span class="rgt">ii.</span> Making extracts (even if they are not acknowledged as -such) appearing under all the circumstances of the case -reasonable in quality, number, and length, regard being -had to the objects for which the extracts are made and -to the subjects to which they relate.</span> - -<span class="i0"><span class="rgt">iii.</span> Using one book on a given subject as a guide to authorities -afterwards independently consulted by the author -of another book on the same subject.</span> - -<span class="i0"><span class="rgt">iv.</span> Using one book on a given subject for the purpose of -checking the results independently arrived at by the -author of another book on the same subject.<a id="FNanchor_570" href="#Footnote_570" class="fnanchor">[570]</a> -</span></div></div> - -<p><i>No one can monopolize a Field of Labour.</i>—Although an author -has been the first to deal with a particular subject, his priority -<span class="pagenum" id="Page_104">[104]</span> -gives him no exclusive right therein.<a id="FNanchor_571" href="#Footnote_571" class="fnanchor">[571]</a> Any one else can do -exactly the same as he has done. If a man draws a map of a -newly-discovered island, or writes a book on the habits of its -natives, he acquires no right to prevent any one from competing -with him in the publication of maps and books dealing -with that island.<a id="FNanchor_572" href="#Footnote_572" class="fnanchor">[572]</a> His only right is to prevent any one else -from taking matter from his book. In one of the older -cases it was suggested that there was a usage among booksellers—a -sort of comity among them—by which if one -preoccupied a certain subject he was considered a sort of -proprietor.<a id="FNanchor_573" href="#Footnote_573" class="fnanchor">[573]</a> In that case Lord Eldon repudiated the idea that -such could be the law, and now no monopoly of the kind -could be suggested.</p> - -<blockquote> - -<p>"All human events are equally open to all who wish to add to or -improve the materials already collected by others making an original -work."<a id="FNanchor_574" href="#Footnote_574" class="fnanchor">[574]</a></p></blockquote> - -<p><i>No Infringement to take Facts.</i>—It is no infringement to state -a fact or an opinion which another man has stated for the first -time: but you must not take his mode of expression or his -selection or arrangement of facts which he has thought proper -to state. Thus there is no copyright in a mere piece of news, -for instance, "The Emperor of China is dead." If one newspaper -proprietor received a telegram from abroad to that effect, -another could take the information as published and print it -in his newspaper. But although there is no copyright in news -as such, the smallest taking of a selection or arrangement of news -will be prohibited. In a case in Victoria<a id="FNanchor_575" href="#Footnote_575" class="fnanchor">[575]</a> the defendants had -taken the plaintiff's telegrams, rearranged them, and altered the -expression, and yet they were held to have been guilty of an -infringement.</p> - -<p><i>No Infringement to take the General Scheme or Idea of another -<span class="pagenum" id="Page_105">[105]</span> -Book or the Theories therein.</i>—Copyright does not extend to ideas -or schemes or systems or methods: it is confined to their expression; -and if their expression is not copied the copyright is -not infringed.<a id="FNanchor_576" href="#Footnote_576" class="fnanchor">[576]</a> Thus in <i>Jarrold</i> v. <i>Houlston</i>,<a id="FNanchor_577" href="#Footnote_577" class="fnanchor">[577]</a> Page Wood, V. C., -said that even although Dr. Brewer's "Guide to Science," which -purported to give popular scientific information under various -headings in the form of question and answer, had been the first -book of the kind, there was nothing to prevent another person -from originating another book in the same general form, provided -he did so from his own resources.<a id="FNanchor_578" href="#Footnote_578" class="fnanchor">[578]</a> In <i>Pike</i> v. <i>Nicholas</i>, -the case of two rival historical essays on "The Origin of the -English Nation," James, V. C., said:</p> - -<blockquote> - -<p>"There is no monopoly in the main theory of the plaintiff, or in the -theories and speculations by which he has supported it, nor even in the -use of the published results of his own observations."<a id="FNanchor_579" href="#Footnote_579" class="fnanchor">[579]</a></p></blockquote> - -<p>A careful distinction must be drawn between the taking of -a scheme and the taking of it as applied to certain material, <i>i. e.</i> -the taking of the expression. For instance, in <i>Kelly</i> v. <i>Morris</i>,<a id="FNanchor_580" href="#Footnote_580" class="fnanchor">[580]</a> -the plaintiff had adopted a "very ingenious form of arrangement" -in his "Street Directory." The defendant was held to -have infringed the plaintiff's copyright by taking his list of streets -from the plaintiff's work. The only thing he was entitled to do -was to adopt the "ingenious form of arrangement" and apply it -for himself.</p> - -<p><i>Every Author must do his own Work.</i>—In <i>Longman</i> v. <i>Winchester</i>,<a id="FNanchor_581" href="#Footnote_581" class="fnanchor">[581]</a> -the action being for the infringement of copyright in a -court calendar, Lord Eldon drew an analogy to the case of a -map describing a particular county and a map of the same -county afterwards published by another person, which, if the -description be accurate in both, must be very much the same, -yet he said:</p> - -<blockquote> - -<p>"It is clear the latter publisher cannot on that account be justified in -sparing himself the labour and expense of actual survey."</p></blockquote> - -<p><span class="pagenum" id="Page_106">[106]</span></p> - -<p>In <i>Lewis</i> v. <i>Fullarton</i>,<a id="FNanchor_582" href="#Footnote_582" class="fnanchor">[582]</a> Lord Langdale, M. R., said:</p> - -<blockquote> - -<p>"Any man is entitled to write and publish a topographical dictionary -and to avail himself of the labours of all former writers whose works are -not subject to copyright, and of all public sources of information: but -whilst all are entitled to resort to common sources of information, none -are entitled to save themselves trouble and expense by availing themselves -for their own profit of other men's works still subject to copyright -and entitled to protection."<a id="FNanchor_583" href="#Footnote_583" class="fnanchor">[583]</a></p></blockquote> - -<p>In the case of Dr. Brewer's "Guide to Science,"<a id="FNanchor_584" href="#Footnote_584" class="fnanchor">[584]</a> Page -Wood, V. C., said:</p> - -<blockquote> - -<p>"In publishing a work in the form of question and answer on a -variety of scientific subjects the defendant had a right to look to all those -books which were unprotected by copyright, and to make such use of -them as he thought fit by turning them into questions and answers. He -had also a further right if he found a work like Dr. Brewer's, and perusing -it was struck by seeing—as I think has been the case in the present -instance—that the author had been led up to particular questions and -answers by the perusal of some other work to have recourse himself to -the same work, although possibly he would not have thought of doing so -but for the perusal of the plaintiff's book.... It would also be a legitimate -use of a work of this description if the author of a subsequent work, after -getting his own work with great pains and labour into a shape approximating -to what he considered a perfect shape, should look through the earlier -work to see whether it contained any heads which he had forgotten."<a id="FNanchor_585" href="#Footnote_585" class="fnanchor">[585]</a></p></blockquote> - -<p>In <i>Hotten</i> v. <i>Arthur</i><a id="FNanchor_586" href="#Footnote_586" class="fnanchor">[586]</a> the same judge held that the defendant -had infringed the plaintiff's descriptive catalogue of books for -sale:</p> - -<blockquote> - -<p>"The only fair use you can make of the work of another of this kind -is where you take a number of such works, catalogues, dictionaries, -digests, &c., and look over them all, and then compile an original work -of your own founded on the information you have extracted from each -and all of them: but it is of vital importance that such new work shall -have no mere copying, no merely colourable alterations, no blind repetition -of obvious errors."</p></blockquote> - -<p>In <i>Kelly</i> v. <i>Morris</i>,<a id="FNanchor_587" href="#Footnote_587" class="fnanchor">[587]</a> a directory case, there is another clear -dictum from the same judge:</p> - -<blockquote> - -<p>"In the case of a dictionary, map, guide-book, or directory, when -there are certain common objects of information which must, if described -<span class="pagenum" id="Page_107">[107]</span> -correctly, be described in the same words, a subsequent compiler is -bound to set about doing for himself that which the first compiler has -done. In case of a road-book he must count the milestones for himself. -In the case of a map of a newly-discovered island he must go through -the whole process of triangulation just as if he had never seen any former -map; and generally he is not entitled to take one word of the information -previously published without independently working out the matter -for himself so as to arrive at the same result from the same common -sources of information, and the only use he can legitimately make of a -previous publication is to verify his own calculations and results when -obtained. So in the present case the defendant could not take a single -line of the plaintiff's directory for the purpose of saving himself labour -and trouble in getting his information.... What he has done has been -just to copy the plaintiff's book and then send out canvassers to see if the -information so copied was correct.... The work of the defendant has -clearly not been compiled by the legitimate application of independent -personal labour."<a id="FNanchor_588" href="#Footnote_588" class="fnanchor">[588]</a></p></blockquote> - -<p>In <i>Scott</i> v. <i>Stanford</i>,<a id="FNanchor_589" href="#Footnote_589" class="fnanchor">[589]</a> Page Wood, V. C., held that certain -tables of statistical returns in the coal market had been pirated. -In his judgment he said:</p> - -<blockquote> - -<p>"The defendant, after collecting the information for himself, might -have checked his results by the plaintiff's tables, but that is a widely -different thing from this wholesale extraction of the vital part of his work. -No man is entitled to avail himself of the previous labours of another for -the purpose of conveying to the public the same information, although he -may append additional information to that already published."</p></blockquote> - -<p>In <i>Morris</i> v. <i>Ashbee</i>,<a id="FNanchor_590" href="#Footnote_590" class="fnanchor">[590]</a> Giffard, V. C., held that the copyright in -a business directory had been infringed in so far as the compilation -and arrangement of the advertisements and names of -traders were taken from the plaintiff's directory. In giving -judgment he commented on <i>Kelly</i> v. <i>Morris</i>,<a id="FNanchor_591" href="#Footnote_591" class="fnanchor">[591]</a> pointing out that -the decision in that case was not based solely on the fact that -the information was reprinted bodily by the defendants and then -verified when possible:</p> - -<blockquote> - -<p>"The decree is general in its terms, following <i>Lewis</i> v. <i>Fullarton</i>,<a id="FNanchor_592" href="#Footnote_592" class="fnanchor">[592]</a> and -the substance of the judgment is that in a case such as this no one has a -right to take the results of the labour and expense incurred by another -for the purposes of a rival publication, and thereby save himself the -<span class="pagenum" id="Page_108">[108]</span> -expense and labour of working out and arriving at these results by some -independent road."</p></blockquote> - -<p>In reference to the case before him the Vice-Chancellor -said:</p> - -<blockquote> - -<p>"It is plain that it could not be lawful for the defendants simply to -cut the slips which they have cut from the plaintiff's directory and insert -them in theirs. Can it be lawful to do so because in addition to doing -this they sent persons with the slips to ascertain their correctness? I -say, clearly not. Then, again, would their acts be rendered lawful because -they got payment and authority<a id="FNanchor_593" href="#Footnote_593" class="fnanchor">[593]</a> for the insertion of the names from each -individual whose name appeared in the slips? And to this again I -answer, clearly not. They had no right to make the results arrived at by -the plaintiff the foundation of their work or any material part of it, and -this they have done."<a id="FNanchor_594" href="#Footnote_594" class="fnanchor">[594]</a></p></blockquote> - -<p>In <i>Morris</i> v. <i>Wright</i>,<a id="FNanchor_595" href="#Footnote_595" class="fnanchor">[595]</a> another case of alleged infringement of -the same business directory, Giffard, L. J., distinguished it from -<i>Kelly</i> v. <i>Morris</i><a id="FNanchor_596" href="#Footnote_596" class="fnanchor">[596]</a> and <i>Morris</i> v. <i>Ashbee</i>,<a id="FNanchor_597" href="#Footnote_597" class="fnanchor">[597]</a> inasmuch as the plaintiff's -work had only been used by the defendant as a guide to -original sources. He held that there was no infringement. -Referring to the passage quoted above from the judgment of -Page Wood, V. C., in <i>Kelly</i> v. <i>Morris</i>,<a id="FNanchor_598" href="#Footnote_598" class="fnanchor">[598]</a> he said:</p> - -<blockquote> - -<p>"This passage does not mean that a subsequent compiler may not -look into the book for the purpose of ascertaining whether it was worth -his while to call upon that person or not, but it means that he may not -take that particular slip and show that to the person and get his authority -as to putting that particular slip in."<a id="FNanchor_599" href="#Footnote_599" class="fnanchor">[599]</a></p></blockquote> - -<p>So also quotations from and references to previous authors -must not be taken bodily from a rival work. They may be used -as a guide and as a guide only. Lord Hatherley, L. C., in <i>Pike</i> v. -<i>Nicholas</i>,<a id="FNanchor_600" href="#Footnote_600" class="fnanchor">[600]</a> a case of rival historical works on the same subject, -said:</p> - -<blockquote> - -<p>"Although the defendant might have been led to look more minutely -into <i>Prichard</i> than he otherwise would have done by referring to the -plaintiffs work, still the plaintiff could not say, 'I, having found these -passages in <i>Prichard</i>, will prohibit all the world who may find the same -<span class="pagenum" id="Page_109">[109]</span> -passages from making use of them.' The moment he had given that -degree of light to the defendant which led him to refer to that common -source, if the defendant did really and <i>bonâ fide</i> look at that common -source, he did all that this Court required him to do. He must not -simply copy the passage from the plaintiffs book, but, having been put -on to the track, and having looked at that particular part of the book -which the plaintiff led him to, he was entitled to make use of every -passage from that author which the plaintiff had made use of."<a id="FNanchor_601" href="#Footnote_601" class="fnanchor">[601]</a></p></blockquote> - -<p>In this case the quotation was proved to have been taken -directly from the plaintiff's work, but this was considered to be -so small a taking that the bill was dismissed, though without -costs, the Court being satisfied "that the book of the defendant -was his own composition in this sense, that wherever he got -the materials from they were worked up by him into his own -language."<a id="FNanchor_602" href="#Footnote_602" class="fnanchor">[602]</a></p> - -<p>It is no excuse for piracy to say that with a little labour the -copyist could have produced identically the same result.<a id="FNanchor_603" href="#Footnote_603" class="fnanchor">[603]</a> The -fact that the result may be identical is a reason for not making -a new book, but it is no reason for copying another's book.</p> - -<p><i>Work with a Different Object.</i>—An author is much less restricted -in the use which he may make of a previously published -copyright book if such book is of an entirely different nature or -has a different scope or object from his own work. Considerable -portions may then be taken for the purpose of comment, -criticism, or illustration. Lord Eldon suggested in one case<a id="FNanchor_604" href="#Footnote_604" class="fnanchor">[604]</a> that -a copyright map might be taken bodily for the purpose of insertion -in a book giving an historical account of all the different -maps of a particular district. In <i>Bradbury</i> v. <i>Hotten</i>,<a id="FNanchor_605" href="#Footnote_605" class="fnanchor">[605]</a> Kelly, C. B., -suggested that a picture might be reproduced amongst a large -collection published for an entirely different object from that -which the first publisher had in view.</p> - -<blockquote> - -<p>"We must consider in each case the intent of the copyist and the -nature of the work. A traveller publishes a book of travels about some -distant country like China. Amongst other things he describes some -<span class="pagenum" id="Page_110">[110]</span> -mode of preparing food in use there. Then the compiler of a cookery -book republishes the description. No one would say that was a piracy. -So, again, an author publishes a history illustrated with woodcuts of the -heads of kings, and another person writing another history of some -other country finds occasion to copy one of these woodcuts. That again -would not be a piracy."<a id="FNanchor_606" href="#Footnote_606" class="fnanchor">[606]</a></p></blockquote> - -<p>These <i>obiter dicta</i> illustrate sufficiently well the distinction -between taking for a rival work and taking for an entirely -different object; it is probable, however, that some of them go -too far and tend to follow the mistake of the older view of infringement -in looking more to the value of the work done by the -plagiarist than to the value of the material taken. As authoritative -<i>dicta</i> they must, therefore, be accepted with caution. The -best test of infringement or no infringement in a taking of this -kind is to inquire whether the subsequent work by reason of the -taking provides a substitute for the whole or any substantial part -of the prior publication. In <i>Bradbury</i> v. <i>Hotten</i>,<a id="FNanchor_607" href="#Footnote_607" class="fnanchor">[607]</a> nine cartoons, -illustrative of the career of Napoleon III., were published in -<i>Punch</i> in nine several weekly numbers. The defendants -published a volume entitled "Story of the Life of Napoleon, as -told by popular Caricaturists of the last thirty years," which contained -among numerous other illustrations taken from French -and English comic journals the nine cartoons first produced in -<i>Punch</i>. This was held to be an infringement of the copyright in -<i>Punch</i>. In <i>Nicols</i> v. <i>Pitman</i><a id="FNanchor_608" href="#Footnote_608" class="fnanchor">[608]</a> the defendant published in an -educational work for the purpose of instruction in shorthand -writing a lecture delivered by the plaintiff on "The Dog as the -Friend of Man." The Court held there was an infringement, -because although the lecture was reproduced in shorthand characters, -it might by those who could read shorthand be reasonably -used as a substitute for the lecture printed in ordinary -characters. A compiler of an encyclopædia or similar work -would probably be allowed to quote to a certain extent from -copyright monographs, but this must not be carried to such an -extent as to supersede the original work.<a id="FNanchor_609" href="#Footnote_609" class="fnanchor">[609]</a> Several cases have -been before the Courts on the verbatim copying of law reports -<span class="pagenum" id="Page_111">[111]</span> -in whole or in part into legal treatises of various kinds. The -collection of all the reports on a particular branch of law such -as "Poor Law"<a id="FNanchor_610" href="#Footnote_610" class="fnanchor">[610]</a> or "Registration of Voters,<a id="FNanchor_611" href="#Footnote_611" class="fnanchor">[611]</a> is an infringement -of copyright if they are copied verbatim from previously -published copyright reports. This will be so even although they -are collected from the reports of many different reporters.<a id="FNanchor_612" href="#Footnote_612" class="fnanchor">[612]</a> In -<i>Sweet</i> v. <i>Benning</i>,<a id="FNanchor_613" href="#Footnote_613" class="fnanchor">[613]</a> a digest compiled by taking verbatim the -head notes from copyright law reports and arranging them -under appropriate titles was held to be an illegal publication, -the Court being of opinion that the defendant had been guilty of -an abuse of the fair right of extract, which the law allows for the -purpose of comment, criticism, or illustration. No doubt in -text-books large portions of the head notes, arguments of counsel, -and judgments may be taken verbatim. In an ordinary legal -text-book it would require a very free use of verbatim quotation -to found the necessary argument that the text-book provided -even to the smallest extent a substitute for the original reports. -A more difficult question arises where volumes of leading cases -are published, the cases being reproduced verbatim from the -original reports but with extensive notes and comment. In -<i>Saunders</i> v. <i>Smith</i>,<a id="FNanchor_614" href="#Footnote_614" class="fnanchor">[614]</a> the Court refused to decide whether "Smith's -Leading Cases" constituted an infringement of the original -reports, judgment going for the defendants on the ground of -acquiescence. In the Irish case of <i>Hodges</i> v. <i>Welsh</i><a id="FNanchor_615" href="#Footnote_615" class="fnanchor">[615]</a> a similar -problem was suggested but not decided. The better view -probably is that such a wholesale taking is an infringement of -the copyright of the original reporters.</p> - -<p><i>Extract for Purpose of Criticism.</i>—Lord Eldon, in <i>Mawman</i> v. -<i>Tegg</i>,<a id="FNanchor_616" href="#Footnote_616" class="fnanchor">[616]</a> says:</p> - -<blockquote> - -<p>"Quotation is necessary for the purpose of reviewing, and quotation -for such a purpose is not to have the appellation of piracy affixed to it; -but quotation may be carried to the extent of manifesting piratical -intention."</p></blockquote> - -<p><span class="pagenum" id="Page_112">[112]</span></p> - -<p>Considerable quotation may be made for the <i>bonâ fide</i> purpose -of criticising a copyright book;<a id="FNanchor_617" href="#Footnote_617" class="fnanchor">[617]</a> in one case<a id="FNanchor_618" href="#Footnote_618" class="fnanchor">[618]</a> nearly a quarter of -a controversial article in a magazine was quoted in a reply -thereto published in another magazine, and the Court held that -this constituted no infringement, as the extracts were clearly -inserted for the purpose of criticism and argument. The question -is whether so much of the original work is extracted that the -review substantially communicates the same knowledge as the -book reviewed.<a id="FNanchor_619" href="#Footnote_619" class="fnanchor">[619]</a> Thus in <i>Campbell</i> v. <i>Scott</i>,<a id="FNanchor_620" href="#Footnote_620" class="fnanchor">[620]</a> the defendant published -"The Book of Poets" containing, <i>inter alia</i>, an essay and -biographical notice of the poet Campbell, and, as the defendant -said, by way of illustrating the poet's works, a large number of -his poems and extracts therefrom were appended to the biographical -notice without any particular observations in the way -of notes to individual pieces or extracts. This was clearly an -infringement of the poet's copyright. In a similar case, <i>Smith</i> v. -<i>Chatto</i>,<a id="FNanchor_621" href="#Footnote_621" class="fnanchor">[621]</a> the defendants published a book entitled "Thackerayana." -It purported to be a critical essay on the life and works -of Thackeray, and contained extensive quotations from his writings, -prefaced and interspersed with comments by the writer of -the book. Hall, V. C., held in fact that the defendants had -inserted the extracts for the purpose of increasing and enhancing -the value of their book, and that they had therefore infringed the -copyright in Thackeray's works.</p> - -<p><i>Improvement or Addition of New Matter no Excuse.</i>—In the -earlier cases of taking material from a rival publication if it was -shown to have been greatly improved and added to, this was -accepted as an excuse for the piracy, on the ground that a new -and more useful work had been given to the public. Thus in -<i>Sayre</i> v. <i>Moore</i><a id="FNanchor_622" href="#Footnote_622" class="fnanchor">[622]</a> Lord Mansfield said:</p> - -<blockquote> - -<p>"If an erroneous chart be made, God forbid it should not be corrected -even in a small degree if it thereby become more serviceable and useful -for the purposes to which it is applied."</p></blockquote> - -<p><span class="pagenum" id="Page_113">[113]</span></p> - -<p>In <i>Cary</i> v. <i>Kearsley</i>,<a id="FNanchor_623" href="#Footnote_623" class="fnanchor">[623]</a> Lord Ellenborough said:</p> - -<blockquote> - -<p>"While I shall think myself bound to secure every man in the enjoyment -of his copyright, one must not put manacles on science."</p></blockquote> - -<p>In <i>Martin</i> v. <i>Wright</i>,<a id="FNanchor_624" href="#Footnote_624" class="fnanchor">[624]</a> Shadwell, V. C., says:</p> - -<blockquote> - -<p>"Any person may copy and publish the whole of a literary composition -provided he writes notes upon it so as to present it to the public -connected with matter of his own."</p></blockquote> - -<p>The theory of these early cases on infringement seems to -have been—colourable alteration is not to be allowed, but no -check must be put on the taking of material when it is taken <i>bonâ -fide</i> in the interests of scientific or literary knowledge. Gradually, -however, the Courts in questions of infringement came to look -more to the interests of the author than to those of the public, -and regarded the law of copyright more as a means of securing -rights of property to the individual than as an unnatural monopoly -created for the purpose of encouraging and developing -literary effort. Thus in <i>D'Almaine</i> v. <i>Boosey</i>,<a id="FNanchor_625" href="#Footnote_625" class="fnanchor">[625]</a> in 1835, it was held -to be an infringement to publish the music of an opera in the -form of waltzes and quadrilles, and this notwithstanding that -these waltzes and quadrilles would, if taken from the music of a -non-copyright opera, have been protected as original works.<a id="FNanchor_626" href="#Footnote_626" class="fnanchor">[626]</a> -Since then many cases have followed on the same lines, and no -addition, correction, or improvement will now be accepted as an -excuse for taking a material part of a copyright publication.<a id="FNanchor_627" href="#Footnote_627" class="fnanchor">[627]</a> -But although improvement and addition is no excuse for taking -a substantial portion of another author's work, the fact that there -has been such improvement and addition is not to be entirely -ignored in questions of infringement. It may be an important -factor in determining whether or not there has been a taking of -a substantial part.<a id="FNanchor_628" href="#Footnote_628" class="fnanchor">[628]</a> We have seen that to determine that question -the two works must be taken as a whole and their relation to -<span class="pagenum" id="Page_114">[114]</span> -one another considered, and particularly the relative value of the -material taken.<a id="FNanchor_629" href="#Footnote_629" class="fnanchor">[629]</a></p> - -<p><i>Dramatization of a Novel.</i>—The representation on the stage of -a dramatized version of a copyright novel is not in itself an -infringement of copyright in such novel, since copyright only -prohibits the reproduction of copies, and representation on -the stage does not necessarily imply that a copy of the whole -or any material part of the novel has been made.<a id="FNanchor_630" href="#Footnote_630" class="fnanchor">[630]</a> But if in -dramatizing any substantial passages are taken from the novel, -it is an infringement of copyright to print and publish the -drama,<a id="FNanchor_631" href="#Footnote_631" class="fnanchor">[631]</a> and in <i>Warne</i> v. <i>Seebohm</i><a id="FNanchor_632" href="#Footnote_632" class="fnanchor">[632]</a> Stirling, J., held that the -making of four manuscript or typewritten copies of a drama -taken from a copyright novel—one for the Lord Chamberlain -and the other three for use in representation—constituted an -infringement of the copyright in the novel. In this case, as -in <i>Tinsley</i> v. <i>Lacy</i>,<a id="FNanchor_633" href="#Footnote_633" class="fnanchor">[633]</a> considerable passages in the play had been -extracted verbatim from the novel.</p> - -<p>Whether if no actual sentences be taken it is an infringement -of copyright to take the characters, the sequence of events, and -scenes, in short, the plot, is doubtful. In <i>Warne</i> v. <i>Seebohm</i> it -was suggested by Stirling, J., in his judgment, that a novel might -be lawfully dramatized if a few copies of the novel were purchased -and a drama compiled therefrom by cutting out and -pasting in the passages which it was thought desirable to take. -This, however, would involve a copying of the arrangement -of scenes and events, and it is suggested that even that might -be an infringement.</p> - -<p><i>Abridgments.</i>—Probably an abridgment in the ordinary sense -of the word, that is, the reproduction of a book in a shorter -form, retaining the general scheme and arrangement, and the -sequence of ideas, would now be held to be an infringement.<a id="FNanchor_634" href="#Footnote_634" class="fnanchor">[634]</a> -In the earlier cases, which tend to excuse a taking by reason -of the utility of additional work bestowed upon the material -<span class="pagenum" id="Page_115">[115]</span> -taken, an abridgment is recognised as a lawful use of a copyright -book. In 1740 Lord Hardwicke, L. C., in dealing with an -alleged abridgment of Sir Matthew Hale's <i>Historia Placitorum -Coronæ</i>,<a id="FNanchor_635" href="#Footnote_635" class="fnanchor">[635]</a> said:</p> - -<blockquote> - -<p>"Where books are colourably shortened only they are undoubtedly -within the meaning of the Act of Parliament, and are a mere evasion of -the statute and cannot be called an abridgment. But this must not -be carried so far as to restrain persons from making a real and fair -abridgment, for abridgments may with great propriety be called a -new book, because not only the paper and print but the invention, -judgment, and learning of the author is shown in them, and in many cases -are extremely useful though in some instances prejudicial by mistaking -and curtailing the sense of an author."</p></blockquote> - -<p>It will be noticed how completely this argument is founded -on the idea that an author may take the materials of another so -long as he sufficiently modifies it by such addition, extraction, -or correction as to give it the character of a new work. It is a -good argument in favour of a plaintiff who has dealt with a -non-copyright work and desires protection, but it would not -now be considered a sound answer to a charge of infringement. -Since <i>Gyles</i> v. <i>Wilcox</i><a id="FNanchor_636" href="#Footnote_636" class="fnanchor">[636]</a> it seems to have been accepted as law -that what was called a fair abridgment would be allowed.<a id="FNanchor_637" href="#Footnote_637" class="fnanchor">[637]</a> In -<i>Dodsley</i> v. <i>Kinnersley</i><a id="FNanchor_638" href="#Footnote_638" class="fnanchor">[638]</a> the Court went so far as to admit as a fair -abridgment a magazine article containing about one-tenth of -Dr. Johnson's "Prince of Abyssinia." Selections were, it -appears, taken and reproduced verbatim. The same doctrine -as to abridgments was repeated in <i>D'Almaine</i> v. <i>Boosey</i>:<a id="FNanchor_639" href="#Footnote_639" class="fnanchor">[639]</a></p> - -<blockquote> - -<p>"It is a nice question what shall be deemed such a modification of an -original work as shall absorb the merit of the original in the new -composition. No doubt such a modification may be allowed in some -cases, as in that of an abridgment or digest. Such publications are -in their nature original. Their compiler intends to make of them a new -use, not that which the author proposed to make. Digests are of great -<span class="pagenum" id="Page_116">[116]</span> -use to practical men, though not so, comparatively speaking, to students. -The same may be said of an abridgment of any study, but it must be a -<i>bonâ fide</i> abridgment, because if it contains many chapters of the original -work or such as made that work most saleable, the maker of the -abridgment commits a piracy."<a id="FNanchor_640" href="#Footnote_640" class="fnanchor">[640]</a></p></blockquote> - -<p>When the view as to plagiarism being excusable on account of -its utility began to alter, and the Courts began to look more -to what was taken and the value of it than to what labour was -expended on it afterwards, the view taken of abridgments -began to change too. In 1844 one of Dickens' Christmas stories -was abridged evidently much in the same way as Dr. Johnson's -tale in <i>Dodsley</i> v. <i>Kinnersley</i>.<a id="FNanchor_641" href="#Footnote_641" class="fnanchor">[641]</a> Knight Bruce, V. C., held that -there was an infringement:<a id="FNanchor_642" href="#Footnote_642" class="fnanchor">[642]</a></p> - -<blockquote> - -<p>"The defendant has printed and published a novel, of which fable, -persons, names, and characters of persons, the age, time, country, and -scene are exactly the same, the style of language in which the story is -told is in many instances identical, in all similar, except where certain -alterations by way of extension or substitution have been made, as to -which whether they improve or do not improve upon the original -composition it is not necessary for me to express any opinion. Now -this has been said to be an abridgment, and as an abridgment to be -protected. I am not aware that one man has the right to abridge the -works of another. On the other hand, I do not mean to say that there -may not be an abridgment which may be lawful, which may be protected; -but to say that one man has the right to abridge and so publish in an -abridged form the work of another without more is going much beyond -my notion of what the law of this country is."</p></blockquote> - -<p>In 1864 Lord Hatherley, then Sir William Page Wood, -said:<a id="FNanchor_643" href="#Footnote_643" class="fnanchor">[643]</a></p> - -<blockquote> - -<p>"The Court has gone far enough in the direction of sanctioning fair -abridgments; and it is difficult to acquiesce in the reason sometimes -given that the compiler of an abridgment is a benefactor to mankind by -assisting in the diffusion of knowledge."</p></blockquote> - -<p><i>Translations</i>.—There are two recent decisions in India to the -effect that the translation of an English book into an Indian -language is not an infringement of the author's copyright.<a id="FNanchor_644" href="#Footnote_644" class="fnanchor">[644]</a> If -<span class="pagenum" id="Page_117">[117]</span> -we are to be guided by the general principles of the law of -copyright now accepted by our Courts, I think these Indian -decisions must be held to be wrong. A translation takes everything -in a book but the actual words; it takes the selection of -material and its arrangement, and is certainly a very material -taking of the work and labours of another. The translator is -making a profit from the author's work by using it in a manner -in which the author might have himself used it and made a -similar profit. The only real answer which the translator has -is that he has expended a great deal of skilled labour in putting -the author's book into another form. This might have been a -defence fifty years ago, but I do not think it is a good defence -now. In England there is no direct decision; although there -are several <i>obiter dicta</i> to the effect that a translation is not an -infringement. In <i>Burnett</i> v. <i>Chetwood</i>,<a id="FNanchor_645" href="#Footnote_645" class="fnanchor">[645]</a> in 1720, there is a <i>dictum</i> -of Lord Chancellor Macclesfield, in which he expressed his -opinion that a translation might not be within the prohibition of -the Act (8 Anne c. 19), "on account that the translator had -bestowed his pains upon it." In <i>Millar</i> v. <i>Taylor</i>,<a id="FNanchor_646" href="#Footnote_646" class="fnanchor">[646]</a> Yates, J., -and in <i>Prince Albert</i> v. <i>Strange</i>,<a id="FNanchor_647" href="#Footnote_647" class="fnanchor">[647]</a> Knight Bruce, V. C., suggest -that a translation is not an infringement. In <i>Wyatt</i> v. <i>Barnard</i><a id="FNanchor_648" href="#Footnote_648" class="fnanchor">[648]</a> -it was held that a translation would be protected as a new -work, but it does not follow that it is not an infringement of -an old one. I think that these English <i>dicta</i> are practically -useless as authorities, since it cannot now be maintained that -the translator will be permitted to take the work of an original -author merely because he "bestows his pains upon it." In -<i>Murray</i> v. <i>Bogue</i>,<a id="FNanchor_649" href="#Footnote_649" class="fnanchor">[649]</a> Kindersley, V. C., said that if an English book -were translated into a foreign language and then retranslated -into English without authority such translation would be an -infringement of the original work. If this is so, it is difficult -to see why the translation into the foreign language is not also -an infringement if done without authority. The translation -and the retranslation appear to be exactly on the same footing, -both take the substance of the book, the plot, the arrangement, -the selection of material; neither takes the author's words. If it -<span class="pagenum" id="Page_118">[118]</span> -is said that one competes with the original which the other does -not, the answer is that it is no defence to say that an infringement -is made for a wholly different market from that which -the original commands.<a id="FNanchor_650" href="#Footnote_650" class="fnanchor">[650]</a> An author is entitled not only to the -uses which he does make of his work, but also to the uses which -he might make of it.</p> - -<p><b>Licence</b>.—A licence in writing<a id="FNanchor_651" href="#Footnote_651" class="fnanchor">[651]</a> granted by the plaintiff to the -defendant is a good defence to an action for infringement. The -licence need not be written or signed by the proprietor himself. -It may be granted by an agent having authority.<a id="FNanchor_652" href="#Footnote_652" class="fnanchor">[652]</a> It would seem -that a licence might be valid without being signed by any one. -The onus of proving a written licence lies upon the defendant in -an action. An assignee of the copyright is not bound by the -licence granted by his assignor, unless at the date of assignment -he has notice of the licence.<a id="FNanchor_653" href="#Footnote_653" class="fnanchor">[653]</a> A licence, unlike an assignment, -may be given before the copyright has come into existence, or -even before the work is composed.<a id="FNanchor_654" href="#Footnote_654" class="fnanchor">[654]</a> A licence from the Dramatic -Authors' Society was held to include the dramas composed by the -members of the society after the date of the licence.<a id="FNanchor_655" href="#Footnote_655" class="fnanchor">[655]</a></p> - -<p>If an oral licensor were to sue in respect of acts done by -the defendant under his oral licence, the plaintiff's conduct -would probably be considered fraudulent, with the result that -he would be refused an injunction, get nominal damages, and -have to pay the defendant's costs.<a id="FNanchor_656" href="#Footnote_656" class="fnanchor">[656]</a></p> - -<p>It need hardly be said that when the use for which a book is -published and sold includes a copying of the whole or part of it, -such copying is not an infringement, even although no express -consent in writing is obtained from the author, for instance, in -the case of copy-books, school maps, precedents of conveyancing. -This, however, does not entitle any one who uses -the book to make a larger use of it in the way of multiplying -copies than that which must be presumed from the nature of -the publication.<a id="FNanchor_657" href="#Footnote_657" class="fnanchor">[657]</a><span class="pagenum" id="Page_119">[119]</span> -</p> - -<p>It has been suggested that a foreigner resident abroad, who -had obtained a copyright in the United Kingdom, could grant -an oral licence, if by the law of copyright in his own country an -oral licence would be valid.<a id="FNanchor_658" href="#Footnote_658" class="fnanchor">[658]</a> I do not think this is sound.</p> - -<p><b>Abandonment</b>.—Copyright may be abandoned by giving a -general licence to print. Probably, however, this could only be -done by some declaration in writing.<a id="FNanchor_659" href="#Footnote_659" class="fnanchor">[659]</a> The Common Law right -in an unpublished manuscript might be abandoned by leaving it -for a long time in the hands of others.<a id="FNanchor_660" href="#Footnote_660" class="fnanchor">[660]</a> Copyright would not be -lost or abandoned by the fact of a book, during the life of the -author, being allowed to remain out of print.<a id="FNanchor_661" href="#Footnote_661" class="fnanchor">[661]</a> -</p> - -<p><b>Acquiescence and Delay</b>.—This is no ground of defence, -unless in the view of the Court it would make it a fraud afterwards -to insist on the legal right. It would seem that the -defendant must show some act on the part of the plaintiff -inducing the defendant to infringe or continue an infringement -of the copyright.<a id="FNanchor_662" href="#Footnote_662" class="fnanchor">[662]</a> At the best, the defence is only an equitable -one, and will avail no more than to prevent the plaintiff from -getting an injunction or substantial damages, and as the costs -are always in the discretion of the Court, he might be ordered -to pay the defendant's costs.</p> - -<p><b>Provision against the Suppression of Books</b>.—After the death -of an author, if the proprietor of his published work refuses to -republish it, and the book is thereby withheld from the public, -the Judicial Committee of the Privy Council may, on complaint, -grant a licence to the complainant to publish such book on such -conditions as they may think fit.<a id="FNanchor_663" href="#Footnote_663" class="fnanchor">[663]</a> There is no record of any -attempt to put in force the provisions of this section.<span class="pagenum" id="Page_120">[120]</span> -</p> - -<hr class="chap" /> -<h2>CHAPTER V<br /> - -PERFORMING RIGHTS</h2> - -<h3><span class="smcap">Section I.—Nature of Performing Right.</span></h3> - -<p>As copyright is the exclusive right of making copies of a book, -so performing right is the exclusive right of representing or performing -in public dramatic or musical works. In a dramatic or -musical work, the two rights—the copyright and the performing -right—exist side by side; but they are quite distinct from one -another, and may pass into different hands. The copyright can -only be infringed by copying, the performing right by representation -or performance. It is no infringement to dramatize and -represent on the stage a copyright novel, since the only exclusive -right as to non-dramatic work is the multiplication of copies;<a id="FNanchor_664" href="#Footnote_664" class="fnanchor">[664]</a> -but a drama on which a novel has been founded may be infringed -by another drama taken from the novel.<a id="FNanchor_665" href="#Footnote_665" class="fnanchor">[665]</a> A writes and publishes -a novel. He then dramatizes it, but does not publish the drama. -B represents a drama founded on the novel. Such a representation -is no infringement either of A's drama<a id="FNanchor_666" href="#Footnote_666" class="fnanchor">[666]</a> or of his novel. It -makes no difference even if A has published his drama.<a id="FNanchor_667" href="#Footnote_667" class="fnanchor">[667]</a> In -dramatizing a copyright novel, however, the making of a single -copy of the drama may be an infringement of the copyright in -the novel.<a id="FNanchor_668" href="#Footnote_668" class="fnanchor">[668]</a> It is no infringement of performing right to print -and publish as a book a play which has been publicly performed,<a id="FNanchor_669" href="#Footnote_669" class="fnanchor">[669]</a> -but it may be an infringement of the common law right in the -MS.,<a id="FNanchor_670" href="#Footnote_670" class="fnanchor">[670]</a> or the statutory copyright in the book if already printed -and published, or it may be a breach of implied contract.<a id="FNanchor_671" href="#Footnote_671" class="fnanchor">[671]</a> If a -<span class="pagenum" id="Page_121">[121]</span> -dramatic piece or musical composition is first published as a -book, this does not take away the performing right. This was -decided in <i>Chappell</i> v. <i>Boosey</i><a id="FNanchor_672" href="#Footnote_672" class="fnanchor">[672]</a> in respect of music, and is equally -applicable to dramatic work. Conversely the representation or -performance of a dramatic piece or musical composition in -public does not deprive the author of his common law right to -publish as a book, or of his copyright when he so publishes.<a id="FNanchor_673" href="#Footnote_673" class="fnanchor">[673]</a> -Performing right extends throughout the British dominions.<a id="FNanchor_674" href="#Footnote_674" class="fnanchor">[674]</a></p> - -<h3><span class="smcap">Section II.—Performing Right at Common Law</span>.</h3> - -<p>It is doubtful whether there ever was any performing right at -common law. The only case from which it could be gathered -that there was is <i>Morris</i> v. <i>Kelly</i>,<a id="FNanchor_675" href="#Footnote_675" class="fnanchor">[675]</a> where an injunction was -granted by Lord Eldon restraining the performance of a comedy. -The play was apparently in manuscript, but it does not appear -whether it had been performed or not. The ground of the -decision is very uncertain. From the fact that the Lord Chancellor -asked for proof that the assignment was in writing, it -might almost appear that protection was given under the statute -of Anne, which would certainly have been unsound. The -decision may also have been on the ground of common law right -in unpublished manuscript, <i>i. e.</i> the right to prevent any one but -the owner from interfering with it in any way, or it may have -been on the ground of breach of implied contract. Altogether -the decision is unsatisfactory; the application seems to have been -<i>ex parte</i>, and the law hardly to have been considered, so that it -is impossible to base any definite proposition of law on the case. -On the other hand Erie, C. J., stated in the course of the argument -in <i>Marsh</i> v. <i>Conquest</i>,<a id="FNanchor_676" href="#Footnote_676" class="fnanchor">[676]</a> that there was no performing right at -common law. For his authority, however, he cites <i>Murray</i> v. -<i>Elliston</i>,<a id="FNanchor_677" href="#Footnote_677" class="fnanchor">[677]</a> which is hardly sufficient to support the proposition. -In <i>Murray</i> v. <i>Elliston</i> a tragedy by Lord Byron was printed and -<span class="pagenum" id="Page_122">[122]</span> -published for sale. The defendants abridged it and represented -it on the stage in the abridged form. It was argued for the -defendant that the tragedy having been printed and published -as a book, must depend for protection entirely on the statute of -Anne in accordance with the decision in <i>Donaldson</i> v. <i>Beckett</i>.<a id="FNanchor_678" href="#Footnote_678" class="fnanchor">[678]</a> -The statute of Anne gave no performing right, and therefore -there was no protection. The Court gave judgment for the -defendant, but the ground of their judgment is not quite clear. -Some stress seems to be laid on the fact that the tragedy was -abridged, and it is therefore left doubtful whether the judges -would have considered the representation of an unabridged -version to be an infringement of the plaintiff's rights. In either -view it is not a decision that there was no performing right at -common law. Another case which may be relied on for the -contention against performing right at common law is <i>Coleman</i> -v. <i>Wathen</i>,<a id="FNanchor_679" href="#Footnote_679" class="fnanchor">[679]</a> but on examination it will be seen that all that case -decides is that the statute of Anne gave no performing right, and -that representation on the stage was not an infringement of -copyright.</p> - -<p>It is submitted that the history of the law of performing right -is this: At common law there was no performing right in the -proper sense of the term, but an unpublished manuscript was -protected from performance as from any other invasion of the -author's exclusive right to it. If it was performed on the stage -without being published as a book, there would be a remedy on -breach of implied contract, the public only being admitted for -the purpose of hearing the performance. Once, however, it was -published as a book, all exclusive right of performance was gone. -The statute of Anne gave no performing right, and performing -right proper was first created by 3 & 4 Will. IV. c. 15. This -statute and 5 & 6 Vict. c. 45 govern the performing right in -dramatic pieces. The performing right in musical compositions -is governed by these two Acts, as modified by the Copyright -(Musical Compositions) Acts of 1882 and 1888. -<span class="pagenum" id="Page_123">[123]</span> -</p> - -<h3><span class="smcap">Section III.—What is a Dramatic Work.</span></h3> - -<p>The subject of dramatic performing right must be—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. An original composition.</span> -<span class="i0">2. Of a dramatic nature.</span> -</div></div> - -<p>The amount of original composition required is probably the -same as in a literary work claiming the protection of the Copyright -Act, 1842, as a "book." As has been seen the standard is -extremely low, no literary merit or great skill being essential.<a id="FNanchor_680" href="#Footnote_680" class="fnanchor">[680]</a> -Adaptations, translations, and the like, are protected <i>quoad</i> their -transformation.<a id="FNanchor_681" href="#Footnote_681" class="fnanchor">[681]</a></p> - -<p>As to what amount of dramatic element is required is not -clear from the statutes, and not much clearer from the decisions. -It is now well decided that in order to secure a performing right -there must be some dramatic element. That is to say, one -cannot compose a non-dramatic work, and after publishing it in -its non-dramatic form, claim the exclusive right to represent the -non-dramatic work on the stage in dramatic form.<a id="FNanchor_682" href="#Footnote_682" class="fnanchor">[682]</a> But the -difficulty is to define what is "dramatic form." The dramatic -works protected by 3 & 4 Will. IV. c. 15 are "any tragedy, -comedy, play, opera, farce, or any other dramatic piece or entertainment." -In 5 & 6 Vict. c. 45 "dramatic piece" is defined -as including every tragedy, comedy, play, opera, farce, or other -scenic, musical, or dramatic entertainment. Neither definition is -very satisfactory. In <i>Lee</i> v. <i>Simpson</i><a id="FNanchor_683" href="#Footnote_683" class="fnanchor">[683]</a> it was held that an introduction -to a pantomime, being the only written part, and -intended to be followed by "comic business," was a dramatic -piece. This case as reported, however, is of little assistance, as -it does not show what the exact nature of the "introduction" -was, and the judgment of the Court does not contain any definition -of a dramatic piece. In <i>Russell</i> v. <i>Smith</i><a id="FNanchor_684" href="#Footnote_684" class="fnanchor">[684]</a> the question was -more carefully considered. The work in which a performing -right was claimed was a song called "The Ship on Fire." It -<span class="pagenum" id="Page_124">[124]</span> -was founded on the loss of <i>The Kent</i> by fire in the Bay of Biscay. -According to the judgment—</p> - -<blockquote> - -<p>"It represents a storm at sea, the burning of the ship, and an escape -by boat to another ship, and so a safe return to land. It moves terror -and pity and sympathy, by presenting danger, and despair, and joy, and -maternal and conjugal affection. A witness of great experience in publishing -music deposed that this was considered a dramatic song."</p></blockquote> - -<p>The Court held that it was a "dramatic piece." Lord -Denman, C. J., said:</p> - -<blockquote> - -<p>"The nature of the production places it rather in the representative -than the narrative class of poetry, according to Lord Bacon's division of -dramatic from epic; and the evidence states it to be known as dramatic -among those who are conversant with such things. The interpretative -clause of 5 & 6 Vict. c. 45, sec. 2, declares that 'dramatic piece' within -the Act includes 'tragedy, comedy, play, opera, farce, or any other scenic, -musical, or dramatic entertainment.' These words comprehend any piece -which could be called dramatic in its widest sense, any piece which on -its being presented by any performer to an audience would produce the -emotions which are the purpose of the regular drama, and which constitute -the entertainment of the audience."</p></blockquote> - -<p>In <i>Clark</i> v. <i>Bishop</i><a id="FNanchor_685" href="#Footnote_685" class="fnanchor">[685]</a> an original song, "Come to Peckham -Rye," was composed and set to an old air. It was sung at music -halls with appropriate character dress, gesture, and expression. -The Court were of opinion that it was a dramatic piece, within -the meaning of 5 & 6 Vict. c. 45. Kelly, C. B., said:</p> - -<blockquote> - -<p>"The plaintiff, by his powers of singing, acting, and characterisation, -had made this song a thing of value, not as a song merely, but as acted -by him in character, and so as a dramatic piece."</p></blockquote> - -<p>In <i>Wall</i> v. <i>Taylor</i><a id="FNanchor_686" href="#Footnote_686" class="fnanchor">[686]</a> it was suggested that by reason of the -interpretation clause in 5 & 6 Vict. c. 45, sec. 2, every musical -entertainment whatsoever was a "dramatic piece," but Brett, -M. R., refused to accept this view. In <i>Roberts</i> v. <i>Bignell</i>,<a id="FNanchor_687" href="#Footnote_687" class="fnanchor">[687]</a> a very -imperfectly reported case, a divisional court (Day and Wills, JJ.) -held that a music hall song, "Oh, Jenny Dear!" the exact -nature of which is not apparent, was a "dramatic piece." The -leading case on this subject is now <i>Fuller</i> v. <i>Blackpool Winter -Gardens</i>,<a id="FNanchor_688" href="#Footnote_688" class="fnanchor">[688]</a> and in this the doctrine which seemed to have been -<span class="pagenum" id="Page_125">[125]</span> -growing up that every literary production with the least dramatic -flavour was a dramatic piece received a check. The subject of -this action was a popular music hall song called "Daisy Bell." -The song was sung in character costume, and the inference to -be drawn from the song itself and from the evidence was that it -was a composition intended for the stage either of the theatre or -of music halls. The Court of Appeal, sustaining the judgment -of Kennedy, J., held that the song was not a dramatic piece. -Lord Esher, M. R., said:</p> - -<blockquote> - -<p>"The fact that it is sung in costume does not make it a dramatic -piece. If the dress of the singer could have that operation, the singer -and not the author of the song would be the person who caused it to be a -dramatic piece. The same may be said of the manner in which the -singer treats the song. The question must be what was the character -of the composition when it was first written and published. I can quite -understand that it is possible that a thing to be performed by one person -only may be a dramatic piece. But whether the composition is to be -sung by one or more persons, if a song is sung, and only a song, there is -no performance of a dramatic piece."</p></blockquote> - -<p>A. L. Smith, L. J., after reviewing the previous cases, says:</p> - -<blockquote> - -<p>"It is not necessary to determine whether each of these cases was -rightly decided or whether the reasons given in each for holding the song -to be a dramatic piece are satisfactory. Every case must depend upon -its own attendant circumstances. In each case it is a question of fact. -I think that to constitute a song a dramatic piece it must be such a song -that for its proper representation, acting, and possibly scenery, formed a -necessary ingredient, and that if neither of these be a requisite to the -efficient representation of the song it is not a dramatic piece. It is an -entire misnomer to call a mere common, ordinary, music-hall song, -which required neither acting nor scenery for its production, a dramatic -piece, for it is in truth nothing of the kind."</p></blockquote> - -<p>The result then seems to be that "dramatic" must not be used -in the widest sense of the term as suggested by Lord Denman, -C. J., in <i>Russell</i> v. <i>Smith</i>,<a id="FNanchor_689" href="#Footnote_689" class="fnanchor">[689]</a> and that the test is not that of dramatic -or epic in the sense in which Lord Bacon applies the words -to poetry. There must be more than the dramatic flavour, -there must be the dramatic form; that is to say, the work must -be so constructed as to be obviously intended for reproduction -by means of acting with scenic effect. This test will apply -<span class="pagenum" id="Page_126">[126]</span> -equally to non-musical as to musical works. A case in point -is that of the novel in <i>Toole</i> v. <i>Young</i>.<a id="FNanchor_690" href="#Footnote_690" class="fnanchor">[690]</a> The facts as stated in -the judgment are:</p> - -<blockquote> - -<p>"that Mr. Hollingshead wrote a story which he published in a work -called <i>Good Words</i>, and having in his mind at the time he wrote and -published it the intention of afterwards dramatizing the story, he composed -it very much of a dramatic character."</p></blockquote> - -<p>Yet it was held that it was no infringement of the author's -right to put this novel into dramatic form and represent it on -the stage. If the novel could have been considered a dramatic -piece on account of its "dramatic character," it ought to have -been protected against the performance of an adaptation. Mr. -Scrutton in his book on copyright considers that "the dramatic -character consists in the representative as opposed to the narrative -element:" but this seems rather a return to the older -theory in <i>Russell</i> v. <i>Smith</i><a id="FNanchor_691" href="#Footnote_691" class="fnanchor">[691]</a> and contrary to <i>Fuller</i> v. <i>Blackpool -Winter Gardens</i>.<a id="FNanchor_692" href="#Footnote_692" class="fnanchor">[692]</a> For instance, a poem, song, or piece for -recitation may be representative in that it depicts action and -dialogue rather than narrates events: this according to <i>Russell</i> -v. <i>Smith</i><a id="FNanchor_693" href="#Footnote_693" class="fnanchor">[693]</a> would constitute it a "dramatic piece," but according -to <i>Fuller</i> v. <i>Blackpool Winter Gardens</i><a id="FNanchor_694" href="#Footnote_694" class="fnanchor">[694]</a> we must find not only the -"representative element" but an element which requires acting -in order to represent it adequately.<a id="FNanchor_695" href="#Footnote_695" class="fnanchor">[695]</a></p> - -<h3><span class="smcap">Section IV.—What Dramatic Works are Protected: -Duration of Protection.</span></h3> - -<p>It has been suggested by some writers that there is no -statutory protection of performing rights until first representation -in public.<a id="FNanchor_696" href="#Footnote_696" class="fnanchor">[696]</a> It has also been suggested that the duration -of performing right is in every case for the period laid down by -5 & 6 Vict. c. 45, <i>i. e.</i> forty-two years from first performance -or the author's life plus seven years. It is difficult to concur -in these views, which seem to imply that 5 & 6 Vict. has taken -<span class="pagenum" id="Page_127">[127]</span> -away from the dramatic author certain rights given to him by -3 & 4 Will. IV. c. 15.</p> - -<p>The law appears to stand thus. Before the statute of 3 and -4 Will. IV. c. 15 there was no statutory performing right. -Whether there was a common law performing right <i>quære</i>.<a id="FNanchor_697" href="#Footnote_697" class="fnanchor">[697]</a> By -the Act of 3 & 4 Will. IV. c. 15 the author of a dramatic piece -not printed and published in book form is given a perpetual -performing right. This presumably dates from the composition -of the dramatic piece. If the dramatic piece is printed and -published as a book, the protection is then limited to twenty-eight -years from publication or for the life of the author, -whichever be the longer period. In neither case is the performing -right dependent for its existence on public performance.<a id="FNanchor_698" href="#Footnote_698" class="fnanchor">[698]</a> -Then comes the Act of 5 & 6 Vict. c. 45, which enacts in -section 20—</p> - -<blockquote> - -<p>"that the provisions of the said Act of His late Majesty (3 & 4 Will. IV. -c. 15) 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 dramatic piece or musical composition shall -endure and be 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 re-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."</p></blockquote> - -<p>As regards dramatic pieces which have been publicly performed -it is clear that the Act of Victoria gives them protection from -that date for forty-two years, or for the life of the author and -seven years.<a id="FNanchor_699" href="#Footnote_699" class="fnanchor">[699]</a> But does 5 & 6 Vict. c. 45 take away the -protection given by 3 & 4 Will. IV. c. 15 to such dramatic -pieces as do not come within the provisions of the later statute, -<i>i. e.</i> unperformed dramatic pieces? It is submitted that it does -not, and this appears to be the view of Hawkins, J., in <i>Reichardt</i><span class="pagenum" id="Page_128">[128]</span> -v. <i>Sapte</i>,<a id="FNanchor_700" href="#Footnote_700" class="fnanchor">[700]</a> the only decision on the point. In that case A -wrote a dramatic piece, B subsequently wrote one very similar: -B's drama was first performed, and a few days afterwards A's -drama was performed. In an action by B against A for infringement -of performing right, Hawkins, J., held that A had acquired -his performing right under 3 & 4 Will. IV. when he wrote -his drama. He says:</p> - -<blockquote> - -<p>"In none of the enactments in 5 & 6 Vict. c. 45 will be found anything -which prejudicially affects the right of sole representation conferred -by the statute of 3 & 4 Will IV. c. 15. The first production of a -dramatic piece mentioned in section 20 of the statute of Victoria confers -no priority upon the first producer, nor does it confer a title to the sole -liberty of representation. That is conferred by the statute 3 & 4 -Will. IV. c. 15 upon the author or his assignee: it<a id="FNanchor_701" href="#Footnote_701" class="fnanchor">[701]</a> only fixes the first -production as the point from which (if entitled to it) the endurance of the -sole liberty of representation is to be calculated."</p></blockquote> - -<p>What Hawkins, J., decided was that there is a vested statutory -interest in a dramatic piece immediately it is composed, and -although it is not quite clear from his judgment, it seems necessarily -to follow that the whole rights and remedies given by -3 & 4 Will. IV. c. 15 still attach immediately on composition, and -that there is nothing in 5 & 6 Vict. to divest the author of that -right. When a dramatic work is performed, no doubt the protection -to performing right is restricted as well as extended to -the period given by 5 & 6 Vict. c. 45, <i>i. e.</i> forty-two years from -the date of first performance, or life and seven years: but as -regards unperformed works, it is submitted that the performing -right is given by 3 & 4 Will. IV. c. 15 on composition, and is perpetual -if the work be not printed and published as a book within -the British dominions, or if it be printed and published as a -book, then for forty-two years from the date of publication as a -book, or for the author's life and seven years.</p> - -<p>Extremely difficult questions may arise as regards performing -rights when a dramatic or musical work has been published as a -book or publicly performed outside the British dominions before -the first publication or the first public performance within the -British dominions.<span class="pagenum" id="Page_129">[129]</span> -</p> -<p>Section 19 of 7 & 8 Vict. c. 12, provides:</p> - -<blockquote> - -<p>"That neither the author of any book, nor the author or composer of -any Dramatic Piece or Musical Composition ... which shall, after the -passing of this Act, be first published out of Her Majesty's Dominions, -shall have any copyright therein respectively, or any exclusive right to the -public representation or performance thereof, otherwise than such, if any, -as he may become entitled to under this Act."<a id="FNanchor_702" href="#Footnote_702" class="fnanchor">[702]</a></p></blockquote> - -<p>The whole difficulty lies in the meaning of the words "first -published" as applied to the performing right. In <i>Boucicault</i> v. -<i>Delafield</i>,<a id="FNanchor_703" href="#Footnote_703" class="fnanchor">[703]</a> and <i>Boucicault</i> v. <i>Chatterton</i>,<a id="FNanchor_704" href="#Footnote_704" class="fnanchor">[704]</a> it was held that when -an unpublished play was first performed outside the British -dominions the performing right in this country was extinguished. -"First published" was held to include the "first -performance" of a drama. This, however, only provides for -one possible contingency. As the literary exchange with -America, with which we have no international convention, is -becoming larger every year, it may be useful to consider some -of the other contingencies which may arise, and the difficulties -of which are not yet judicially solved. The cases suggested are -in connexion with the United States, but apply equally to any -foreign country, except in so far as rights may be acquired -under International Convention.</p> - -<p><i>Dramatic or Musical Work unpublished, first performed in -America.</i>—This has been decided as above. The performing -right in this country is lost.</p> - -<p><i>Dramatic or Musical Work first published in America, subsequently -first performed within the British Dominions.</i>—This -problem is not solved by the above cases. The alternative -views are that "publication" in the section means: (i) a putting -before the public in any form, whether by representation or in -print, or (ii) as regards copyright, a publication in print, as -regards performing right, a publication by representation. I am -inclined to think that the second alternative is the correct one, -and that the performing right in this country is not lost. The -contrary, however, seems to have been assumed in <i>Boucicault</i> v. -<i>Chatterton</i>,<a id="FNanchor_705" href="#Footnote_705" class="fnanchor">[705]</a> both by the bench and bar.<span class="pagenum" id="Page_130">[130]</span> -</p> -<p><i>Dramatic or Musical Work first published in the British Dominions, -subsequently first performed in America.</i>—This problem depends -on the same two alternatives as the last. I therefore -think that the performing right here would be lost, even -although there was first publication as a book within the -British dominions.</p> - -<p><i>Dramatic or Musical Work first performed in America, subsequently -first published in the British Dominions.</i>—The performing -right in this country would be lost, but probably not the copyright.</p> - -<p><i>Dramatic or Musical Work first performed in the British -Dominions, subsequently first published in America.</i>—The performing -right in this country would be secured, but the copyright -lost.</p> - -<h3><span class="smcap">Section V.—What is a Musical Composition.</span></h3> - -<p>The necessary originality in a musical composition consists -either in a new air or melody, or in the new arrangement and -adaptation of an old air. Thus an arrangement of an opera -for the pianoforte is an original work separate and distinct from -the opera itself.<a id="FNanchor_706" href="#Footnote_706" class="fnanchor">[706]</a> So the adaptation of new words and accompaniment -to an old air is a musical composition entitled to protection.<a id="FNanchor_707" href="#Footnote_707" class="fnanchor">[707]</a> -It must always be remembered, however, that a new -arrangement or adaptation will only be protected <i>quoad</i> its -novelty. In so far as the new work is taken from a non-copyright -work, an unauthorised taking of that part is not an infringement -of the new work.</p> - -<h3><span class="smcap">Section VI.—What Musical Works are Protected: -Duration of Protection.</span></h3> - -<p>As in the case of dramatic works, so in the case of musical -compositions it is submitted that the statutory protection dates -from composition, not from first public performance. Musical -compositions are protected under the same provisions which -protect dramatic works. The protection is therefore identical,<span class="pagenum" id="Page_131">[131]</span> -except as to the two amending statutes noticed below which do -not apply to dramatic works. It was contended in one case that -the extension of 3 & 4 Will. IV. c. 15 to musical compositions -was only applicable to musical compositions of a dramatic -nature.<a id="FNanchor_708" href="#Footnote_708" class="fnanchor">[708]</a> This, however, is not the case, and all musical compositions -are protected.<a id="FNanchor_709" href="#Footnote_709" class="fnanchor">[709]</a></p> - -<p>By the Copyright (Musical Compositions) Act, 1882, the performing -right in musical compositions which have been published -in "book" form is conditional<a id="FNanchor_710" href="#Footnote_710" class="fnanchor">[710]</a> on a notice reserving the -performing right, and printed on every published copy. If -the copyright and performing right are in different hands -the owner of the performing right must give notice in writing -to the owner of the copyright, requiring him to print such -notice, and if the latter after due notice fail to do so, he -shall forfeit to the owner of the performing right the sum -of £20.</p> - -<p>Even if the musical composition is also a dramatic piece or -part thereof, it comes within this requirement as to notice of -reservation on published copies.<a id="FNanchor_711" href="#Footnote_711" class="fnanchor">[711]</a></p> - -<p>Once a musical composition has been printed and published -without notice of reservation, it will probably be impossible to -obtain any protection for the performing right afterwards by -publishing copies with reservation.<a id="FNanchor_712" href="#Footnote_712" class="fnanchor">[712]</a></p> - -<p>A limited reservation is constantly made, and is probably -effectual, <i>e. g.</i> reserving the right to sing in music halls, but permitting -public performances elsewhere without fee or licence.<a id="FNanchor_713" href="#Footnote_713" class="fnanchor">[713]</a></p> - -<h3><span class="smcap">Section VII.—Registration of Performing Rights.</span></h3> - -<p>Section 20 of 5 & 6 Vict. c. 45 enacts that "the provisions -hereinbefore enacted" in respect of registering the copyright in -books shall apply to the liberty of representing or performing -any dramatic piece or musical composition; provided that in the<span class="pagenum" id="Page_132">[132]</span> -case of a dramatic piece or musical composition in manuscript it -shall be sufficient to register—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. The title.</span> -<span class="i0">2. The name and place of abode of author or composer.</span> -<span class="i0">3. The name and place of abode of the proprietor.</span> -<span class="i0">4. The time and place of first representation.</span> -</div></div> - -<p>In the case, therefore, of a dramatic piece or musical composition -which has been published as a book, the proper registration -in respect of both copyright and performing right would -seem to be that provided by section II, viz.:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. The title.</span> -<span class="i0">2. The time of first publication.</span> -<span class="i0">3. The name and place of abode of the publisher.<a id="FNanchor_714" href="#Footnote_714" class="fnanchor">[714]</a></span> -<span class="i0">4. The name and place of abode of the proprietor.<a id="FNanchor_715" href="#Footnote_715" class="fnanchor">[715]</a></span> -</div></div> - -<p>This is probably correct, although it may not strictly be in -accordance with the proviso in section 20, viz.:"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." If, however, the provision as to registration in -section 11 were strictly construed in accordance with this proviso, -the result is that the proper registration would be:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. The title.</span> -<span class="i0">2. The time of first representation.</span> -<span class="i0">3. The name and place of abode of the person who first represented it.</span> -<span class="i0">4. The name and place of abode of the proprietor.</span> -</div></div> - -<p>It is obviously absurd that this should be the form of registration -when the dramatic piece or musical composition has -been printed and published, and that the form in section 20 -should be the form of registration when it is in manuscript. -The distinction between the two forms is meaningless.</p> - -<p>Section 24 of 5 & 6 Vict. c. 45, which enacts that no action -<span class="pagenum" id="Page_133">[133]</span> -for infringement of copyright shall be brought unless the book -is registered, provides "that nothing 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 -3 & 4 Will. IV. c. 15, or of this Act, although no entry shall be -made in the book of registry aforesaid."</p> - -<p>The provisions as to registration of dramatic pieces are -therefore merely permissive and are in no way a condition precedent -either to the performing right itself or to the right of -action upon infringement;<a id="FNanchor_716" href="#Footnote_716" class="fnanchor">[716]</a> but registration is <i>primâ facie</i> proof -of the right of representation subject to rebuttal by other -evidence.<a id="FNanchor_717" href="#Footnote_717" class="fnanchor">[717]</a></p> - -<p>All the provisions as to the keeping of the registry book,<a id="FNanchor_718" href="#Footnote_718" class="fnanchor">[718]</a> -making false entries therein,<a id="FNanchor_719" href="#Footnote_719" class="fnanchor">[719]</a> and motion to expunge,<a id="FNanchor_720" href="#Footnote_720" class="fnanchor">[720]</a> apply -equally to registration of a dramatic piece for the purpose of -protecting performing right as to registration of a book for the -purpose of protecting copyright.<a id="FNanchor_721" href="#Footnote_721" class="fnanchor">[721]</a></p> - -<p><b>Musical Compositions.</b>—The requisite registration is the same -as for performing rights in dramatic works; but <i>quære</i> whether in -the case of performing right in a musical composition it is not a -condition precedent to action. This doubt is raised by section -24, which provides that the registration of a book is a condition -precedent to an action for infringement of copyright, and it -specially excepts "the remedies which the proprietor of the sole -liberty of representing any dramatic piece shall have" from the -operation of the section. It is curious that "musical compositions" -are omitted from this saving clause, whereas in nearly -every other part of the Act "dramatic piece and musical compositions" -are dealt with together. The arguments against -registration being a condition precedent are, (1) the first part of -section 24 relates only to copyright which does not include -performing right; (2) section 20 does not extend the provisions -of section 24 to performing right, since it only applies -the provisions "<i>before</i> enacted." There is also a suggestion that -"dramatic piece" in the saving clause of section 24 includes -<span class="pagenum" id="Page_134">[134]</span> -"musical composition," since the definition of "dramatic piece" -in section 2 includes "musical or dramatic entertainment." -There is no authority directly in point. In <i>Russell</i> v. <i>Smith</i><a id="FNanchor_722" href="#Footnote_722" class="fnanchor">[722]</a> the -song called "The Ship on Fire" was protected without registration, -but then it was held to be a "dramatic piece" and something -more than a musical composition. In <i>Clark</i> v. <i>Bishop</i><a id="FNanchor_723" href="#Footnote_723" class="fnanchor">[723]</a> the song -protected was also held to be a "dramatic piece." In <i>Lacy</i> v. -<i>Rhys</i>,<a id="FNanchor_724" href="#Footnote_724" class="fnanchor">[724]</a> where it was held that in the case of a dramatic piece -there was clearly no obligation to register, Crompton, J., said -that if it had not been for the proviso in section 24, there would -have been a doubt whether registration were not necessary.<a id="FNanchor_725" href="#Footnote_725" class="fnanchor">[725]</a></p> - -<p>In registering an unpublished arrangement of dance music -taken from an opera, the arranger, not the composer of the -original opera, must be entered as composer.<a id="FNanchor_726" href="#Footnote_726" class="fnanchor">[726]</a></p> - -<h3><span class="smcap">Section VIII.—Assignment of Performing Rights.</span></h3> - -<p>The performing right in dramatic pieces and musical compositions -can only be transferred by a written assignment<a id="FNanchor_727" href="#Footnote_727" class="fnanchor">[727]</a> -or by entry on the register.<a id="FNanchor_728" href="#Footnote_728" class="fnanchor">[728]</a> See decisions as to assignment -of copyright;<a id="FNanchor_729" href="#Footnote_729" class="fnanchor">[729]</a> but note that as regards performing right -the assignment, even if before publication or performance, -must be in writing.<a id="FNanchor_730" href="#Footnote_730" class="fnanchor">[730]</a> The performing right will not pass by a -mere conveyance of the copyright in a dramatic or musical -work<a id="FNanchor_731" href="#Footnote_731" class="fnanchor">[731]</a> unless an entry shall be made of such assignment in the -register expressing the intention of the parties that such right -should pass.<a id="FNanchor_732" href="#Footnote_732" class="fnanchor">[732]</a> As in the case of copyright, there is no express -enactment that assignment must be in writing; but it is inferred -from the fact that a licence which is a smaller right cannot be -given except by writing.<a id="FNanchor_733" href="#Footnote_733" class="fnanchor">[733]</a> The assignment does not require to -<span class="pagenum" id="Page_135">[135]</span> -be by deed,<a id="FNanchor_734" href="#Footnote_734" class="fnanchor">[734]</a> and if by written document it is valid without -registration.<a id="FNanchor_735" href="#Footnote_735" class="fnanchor">[735]</a> Section 22 of 5 & 6 Vict. c. 45 appears at first -sight to make registration necessary in every assignment of -performing right, at least if the copyright is assigned with it; but -this is not so. If in the written assignment there is a specific -conveyance of the performing right,<a id="FNanchor_736" href="#Footnote_736" class="fnanchor">[736]</a> or if general words are -used such as "all other the estate, right, title, and interest," -showing that something else than the copyright was intended -to be conveyed, the performing right will pass without registration.<a id="FNanchor_737" href="#Footnote_737" class="fnanchor">[737]</a> -Cotton, L. J., in considering this section, says:</p> - -<blockquote> - -<p>"I incline to think that this enactment was not meant to control the -operation of deeds of assignment, but only to regulate the effect of entries -in the registry book."<a id="FNanchor_738" href="#Footnote_738" class="fnanchor">[738]</a></p></blockquote> - -<p>In fact it was passed on account of <i>Cumberland</i> v. <i>Planché</i>,<a id="FNanchor_739" href="#Footnote_739" class="fnanchor">[739]</a> -which decided that the assignee of the copyright took the performing -right as well.</p> - -<p>If the view is right that the statutory performing right vests -immediately on production,<a id="FNanchor_740" href="#Footnote_740" class="fnanchor">[740]</a> there can be no question of assignment -of common law rights.<a id="FNanchor_741" href="#Footnote_741" class="fnanchor">[741]</a></p> - -<p>Performing rights can probably be partially assigned so as -to make a grantee of provincial rights not only a licensee but -an assignee, with full power to sue alone and re-assign.<a id="FNanchor_742" href="#Footnote_742" class="fnanchor">[742]</a></p> - -<h3><span class="smcap">Section IX.—Infringement of Dramatic Performing -Rights.</span></h3> - -<p>By 3 & 4 Will. IV. c. 15, section 1, the author or his assignee -has "the sole liberty of representing, or causing to be represented, -at any place or places of dramatic entertainment whatsoever" -in the British dominions.</p> - -<p><b>Public Performance.</b>—It is no infringement of performing -right in a dramatic work to represent it otherwise than in a -place of dramatic entertainment; but it has been held that -<span class="pagenum" id="Page_136">[136]</span> -any place where a dramatic work is publicly performed is for -the time being a place of dramatic entertainment. In <i>Lee</i> v. -<i>Simpson</i>,<a id="FNanchor_743" href="#Footnote_743" class="fnanchor">[743]</a> Wilde, C. J., says:</p> - -<blockquote> - -<p>"The legislature clearly meant places where dramatic entertainments -are represented to which the public are admitted."</p></blockquote> - -<p>In <i>Russell</i> v. <i>Smith</i><a id="FNanchor_744" href="#Footnote_744" class="fnanchor">[744]</a> the Court decided that a certain song, -"The Ship on Fire," was a dramatic piece. Denman, C. J., -said:</p> - -<blockquote> - -<p>"It follows that as Crosby Hall was used for the public representation -for profit of a dramatic piece, it became a place of dramatic entertainment -for the time, within the statutes now in question. The use for -the time in question and not for a former time is the essential fact. As -a regular theatre may be a lecture-room, dining-room, ball-room, and -concert-room on successive days, so a room used ordinarily for either of -these purposes would become for the time being a theatre if used for the -representation of a regular stage play. In this sense, as "The Ship on -Fire" was a dramatic piece, in our view Crosby Hall, when used for the -public representation and performance of it for profit, became a place of -dramatic entertainment. In thus deciding we do not declare that the -defendant's performances at Crosby Hall were unlawful without a theatrical -licence within Stat. 6 & 7 Vict. c. 68."<a id="FNanchor_745" href="#Footnote_745" class="fnanchor">[745]</a></p></blockquote> - -<p>In the judgment of Brett, M. R., in <i>Wall</i> v. <i>Taylor</i><a id="FNanchor_746" href="#Footnote_746" class="fnanchor">[746]</a> there -is a suggestion that although a single item in a programme -might be dramatic, that would not be sufficient to render the -whole entertainment dramatic or to make the place a place of -dramatic performance. In <i>Duck</i> v. <i>Bates</i><a id="FNanchor_747" href="#Footnote_747" class="fnanchor">[747]</a> the defendant represented -a dramatic piece without the author's consent. The -representation took place in a room of Guy's Hospital, and was -provided entirely for the amusement of the nurses and attendants -of the hospital. The medical officers of the hospital, the -students and some of their friends were present. A reporter to -a theatrical newspaper was also present by invitation. It was -held by Brett, M. R., and Bowen, L. J. (Fry, L. J., dissenting), that -the room was not a place of dramatic entertainment. Neither -profit<a id="FNanchor_748" href="#Footnote_748" class="fnanchor">[748]</a> nor habitual use were essential elements, but there must -<span class="pagenum" id="Page_137">[137]</span> -be a representation to which a portion of the public is admitted. -Brett, M. R., said:</p> - -<blockquote> - -<p>"Did the legislature intend to forbid a representation without the -author's consent by children in a nursery before their parents, or by -grown-up persons in a drawing-room? It is clear that something more -than that must have been intended; and why should not a representation -of that kind be called a dramatic entertainment? Because it is -obviously domestic and private. Suppose that the servants of the household -are invited to witness the performance; nevertheless it is a domestic -entertainment. As I have already intimated, the author wants protection -for the pecuniary value of his drama, and a representation in a private -room is of no pecuniary value. In order to entitle the author to -penalties there must be a representation which will injure the author's -right to money; such, for instance, as a representation which, although -it is not for profit, would attract persons who are willing to pay money, -and would induce them not to go and see a performance licensed by the -author. Suppose that a representation in the presence of friends takes -place for the amusement of friends and of the members of the household -in an unfurnished house hired for the occasion: that is not an infringement -of the statute: the representation must be other than domestic or -private. There must be present a sufficient part of the public who would -go also to a performance licensed by the author as a commercial transaction; -otherwise the place where the drama is represented will not be a -'place of dramatic entertainment' within the meaning of the statute. -Suppose that a drama is represented in a county town, and that all -persons of a certain class throughout the county are free to come: -suppose that a member for a parliamentary constituency (I do not mean -shortly before or during an election) organises dramatic entertainments to -which the inhabitants are admitted without paying: suppose that an -amateur company choose to act some drama for a charitable object, with -admission upon payment or by tickets issued generally: in each of these -instances an infringement of the statute has been committed.... I wish -to say, by way of warning, that those who go beyond the facts of the -present case may incur the penalties of the statute."</p></blockquote> - -<p>This case is most instructive as being quite on the border -line between a private and public representation. Performing -right in a drama may be infringed by a representation without -scenery and appropriate dresses.</p> - -<blockquote> - -<p>"We should take away a part of the protection conferred on authors -if we hold that there could be no public representation without these -accompaniments."<a id="FNanchor_749" href="#Footnote_749" class="fnanchor">[749]</a></p></blockquote> - -<p><span class="pagenum" id="Page_138">[138]</span></p> - -<p><b>Substantial Part.</b>—As in literary copyright the part taken -must be material and substantial in order to infringe performing -right. In <i>Chatterton</i> v. <i>Cave</i>,<a id="FNanchor_750" href="#Footnote_750" class="fnanchor">[750]</a> Lord Chief Justice Coleridge at the -trial found as a fact "that two scenes or points of the drama of -the defendant had been taken directly from the drama of the -plaintiff;" there was no further copying. He thereupon gave -judgment for the defendant. On a rule for a new trial, Lord -Coleridge, sitting in the Court of Common Pleas, stated orally -that what he meant to convey by his finding was, "that looking -to the general character of the plaintiff's and defendant's dramas, -the extent to which the one was taken from the other was so -slight, and the effect upon the total composition was so small, -that there was no substantial and material taking of any one -portion of the defendant's drama from any portion of the -plaintiff's." On this explanation the rule was discharged, and -the judgment subsequently affirmed by the Court of Appeal and -the House of Lords. Lord Hatherley said that the principle -<i>de minimis non curat lex</i> applied to a supposed wrong in taking -a part of dramatic works as well as in reproducing a part of a -book. He could not read the word "part" in the Dramatic -Copyright Act as "particle," so that the crowing of the cock in -"Hamlet," or the introduction of a line in the dialogue might be -held to be an invasion. In <i>Planché</i> v. <i>Braham</i>,<a id="FNanchor_751" href="#Footnote_751" class="fnanchor">[751]</a> Tindal, C. J., -directed the jury that if either one song, or more than one song -be taken from a piece and be performed on the stage or any -place of theatrical entertainment, that would be a "representing" -within the Act of Parliament. The jury, having found that -the defendant had represented "a part of the plaintiff's opera," -a rule for a new trial was refused.<a id="FNanchor_752" href="#Footnote_752" class="fnanchor">[752]</a> In <i>Beere</i> v. <i>Ellis</i>,<a id="FNanchor_753" href="#Footnote_753" class="fnanchor">[753]</a> two plays -purported to be founded on the same novel. The defendant's -play contained some of the dialogue and several dramatic incidents -and situations taken directly from the plaintiff's play. -Baron Pollock held that a small piece of dialogue would not -alone amount to an infringement, but the defendant had taken -two dramatic incidents on which the plot of the play depended. -He had therefore taken a material part, and although he had done -<span class="pagenum" id="Page_139">[139]</span> -a considerable quantity of work for himself, he had "extracted -the plums" from the plaintiff's work, and this he was not entitled -to do. An indirect taking is, as in literary copyright, an infringement, -<i>e. g.</i> to copy and perform passages from a play by dramatizing -a novel founded on that play.<a id="FNanchor_754" href="#Footnote_754" class="fnanchor">[754]</a> It is no infringement to -produce a play almost identically similar to that of another -author, if this is the result of coincidence and not of any piracy -direct or indirect.<a id="FNanchor_755" href="#Footnote_755" class="fnanchor">[755]</a> As to the taking of a plan or idea, see the -chapter on infringement of literary copyright.<a id="FNanchor_756" href="#Footnote_756" class="fnanchor">[756]</a> There must be -more than the taking of a general idea or scheme. Lord Blackburn, -in <i>Chatterton</i> v. <i>Cave</i>,<a id="FNanchor_757" href="#Footnote_757" class="fnanchor">[757]</a> said:</p> - -<blockquote> - -<p>"An idea may be taken from a drama and used in forming another -without the representation of the second being a representation of any -part of the first. For example, I have no doubt that Sheridan in composing -'The Critic' took the idea from 'The Rehearsal,' but I think it -would be an abuse of language to say that those who represent 'The -Critic' represent 'The Rehearsal,' or any part thereof, and if it were left -to me to find the fact, I should without hesitation find that they did not. -On the other hand, in composing 'The Trip to Scarborough,' Sheridan -took so much from 'The Relapse,' that if it were left to me to find the -fact, I should find that those who represent 'The Trip to Scarborough' -do represent parts of 'The Relapse.'"</p></blockquote> - -<p><b>Causing to be Represented.</b>—The "penalty" prescribed by -the Act of 3 & 4 Will. IV. c. 15 is recoverable from those who -"represent or cause to be represented" an unauthorised work. -Section 20 of 5 & 6 Vict. c. 45 provides "that the sole liberty -of representing, or performing, or causing or permitting to be -represented or performed, any dramatic piece or musical composition, -shall endure," &c. Notice that this section uses the -word "permitting," whereas 3 & 4 Will. IV. c. 15 only uses -"represent or cause to be represented." The later statute, however, -does not purport to extend the nature of performing right, -and therefore the word "permitting," if it have any meaning at -all, can only be explanatory of the words "cause to be represented" -in the earlier statute. When then does a person "cause -a dramatic piece to be represented"? Shortly, the answer -<span class="pagenum" id="Page_140">[140]</span> -probably is, that if he does not actually take part as an actor, -the defendant must be shown to have had some initiation in or -control over the performance. In <i>Parsons</i> v. <i>Chapman</i>,<a id="FNanchor_758" href="#Footnote_758" class="fnanchor">[758]</a> an -acting manager, who paid the performers' salaries, and was -entitled to dismiss them, was held to have caused a dramatic -piece to be represented within the meaning of 10 Geo. III. c. 28, -sec. 1. In <i>Russell</i> v. <i>Briant</i>,<a id="FNanchor_759" href="#Footnote_759" class="fnanchor">[759]</a> the defendant was the landlord of -"The Horns" Tavern, at Kennington. His premises included -a large assembly room which was hired for evening entertainments. -The defendant furnished the platform and the lights, and -allowed bills to be put up in the tavern, and tickets of admission -to be advertised to be sold at the bar. At one entertainment -a song, "The Ship on Fire," which in <i>Russell</i> v. <i>Smith</i><a id="FNanchor_760" href="#Footnote_760" class="fnanchor">[760]</a> was held -to be a copyright dramatic piece, was sung. It was held that -the defendant had not represented or caused to be represented -the dramatic piece in question. Wilde, C. J., said that no one -could be considered as an offender unless by himself or his agent -he actually took part in the representation. In <i>Lyon</i> v. <i>Knowles</i><a id="FNanchor_761" href="#Footnote_761" class="fnanchor">[761]</a> -the defendant let his theatre. He provided and paid for the -scenery, lights, printing, advertising, band, doorkeepers, scene-shifters, -and supernumeraries. His servants collected the money -at the door, and he retained half the gross profits to recoup -himself. The lessee brought his own company, and represented -pieces of his own choice, the defendant having no control over -any person employed in the representation. It was held that the -defendant had not caused the piece to be represented within the -meaning of the Acts. In <i>Marsh</i> v. <i>Conquest</i><a id="FNanchor_762" href="#Footnote_762" class="fnanchor">[762]</a> the defendant was -the proprietor of a theatre, and his son, the acting manager, -hired it for a "benefit." The Court held that the defendant -came within the statute. Erle, C. J., delivered the judgment of -the Court:</p> - -<blockquote> - -<p>"It appears that the defendant is the proprietor of the Grecian Theatre, -and the employer of the dramatic corps attached thereto; that his son, -<span class="pagenum" id="Page_141">[141]</span> -the stage manager, hired for his benefit-night the theatre, together with -the company of actors, and servants, and lights, for the sum of £30; and -that the son, in the defendant's theatre, and with the aid of his actors and -actresses, musicians, servants, lights, and other paraphernalia, represented -the dramatic piece in question, in violation of the plaintiff's sole and exclusive -right of representing or causing it to be represented. I think the -defendant is responsible for that representation. He was the proprietor -of the theatre, and had entire control over the establishment and all -belonging to it, and what was done by his son was done with his -permission."</p></blockquote> - -<p>In <i>Monaghan</i> v. <i>Taylor</i><a id="FNanchor_763" href="#Footnote_763" class="fnanchor">[763]</a> the defendant was the proprietor of -a music hall, and paid a singer to perform, leaving him his own -choice of songs. The singer sang a copyright song. The Court -held that the defendant came within the statute. This decision -would not now apply to musical performing right, since, by the -Musical Copyright Act of 1888, a proprietor is not liable unless -he permits the performance knowing it to be an infringement. -It is still applicable to dramatic performing rights. Suppose, for -instance, the proprietor of a variety theatre hired the services of -a troop of players, telling them to fill up twenty minutes on -the programme with any dramatic scene they pleased. If -they infringed a dramatic copyright, the proprietor would -be liable.</p> - -<p>It seems to be doubtful whether if B, acting entirely as the -agent of A, causes C and others to perform a dramatic piece, he -can be held liable if he took no part in the representation. In -<i>Parsons</i> v. <i>Chapman</i><a id="FNanchor_764" href="#Footnote_764" class="fnanchor">[764]</a> Lord Tenterden, C. J., directed the jury -that it was sufficient if the defendant caused the piece to be -performed; and that it made no difference that he did so as -an agent for others. This was a decision under 10 Geo. II. -c. 28, and the principle should be the same under 3 & 4 -Will. IV., and 5 & 6 Vict; but in <i>French</i> v. <i>Day</i><a id="FNanchor_765" href="#Footnote_765" class="fnanchor">[765]</a> Kennedy, -J., took a different view. One of the defendants was the -manager of a theatre. He received instructions for the production -of the piece in question from the proprietor, and he -could not engage or dismiss artistes; he was in every respect -<span class="pagenum" id="Page_142">[142]</span> -bound to conform to his employer's orders. Kennedy, J., -said:</p> - -<blockquote> - -<p>"The whole thing was carried on by the proprietor, who merely used -the manager as his mouthpiece. I think I ought not to hold that a -person in his position 'represented,' or 'caused to be represented,' the -piece."</p></blockquote> - -<p><b>Knowledge.</b>—In an action for infringement of dramatic performing -right it is unnecessary to prove that the defendant knew -the performance was an infringement.<a id="FNanchor_766" href="#Footnote_766" class="fnanchor">[766]</a></p> - -<p><b>Innocent Agents.</b>—All the actors who take part in an unlawful -performance are within the section as "representing," and are -liable to penalties.<a id="FNanchor_767" href="#Footnote_767" class="fnanchor">[767]</a></p> - -<p><b>Licence.</b>—It is an infringement of performing right to perform -"without the consent in writing of the author or other -proprietor."<a id="FNanchor_768" href="#Footnote_768" class="fnanchor">[768]</a> See decisions on licence as to copyright in books.<a id="FNanchor_769" href="#Footnote_769" class="fnanchor">[769]</a> -The licence must be in writing,<a id="FNanchor_770" href="#Footnote_770" class="fnanchor">[770]</a> but it does not require to be -written by the proprietor or signed by him or any one else.<a id="FNanchor_771" href="#Footnote_771" class="fnanchor">[771]</a> -The secretary of a dramatic author's society may, if he has -authority, grant a good licence on behalf of the authors.<a id="FNanchor_772" href="#Footnote_772" class="fnanchor">[772]</a> A -part owner cannot grant a licence without the consent of the -other part owners.<a id="FNanchor_773" href="#Footnote_773" class="fnanchor">[773]</a></p> - -<h3><span class="smcap">Section X.—Infringement of Musical Performing -Rights.</span></h3> - -<p><b>Substantial Part.</b>—The rule that the taking of a part but not -of a particle in infringement applies equally to musical compositions -and to the performing rights therein. In <i>D'Almaine</i> -v. <i>Boosey</i><a id="FNanchor_774" href="#Footnote_774" class="fnanchor">[774]</a> the taking of airs from an opera and arranging them -as quadrilles and waltzes was held to be an infringement of the -copyright in the opera. Lord Lyndhurst said:</p> - -<blockquote> - -<p>"Substantially the piracy is when the appropriated music, though -adapted to a different purpose from that of the original, may still be -recognised by the ear."</p></blockquote> - -<p><span class="pagenum" id="Page_143">[143]</span></p> - -<p>This test, however, will hardly apply to the piracy of an -adaptation where the air or melody is a non-copyright one. -A comparison of the actual notes and treatment of the phrases -would have to be made.</p> - -<p><b>Public Performance.</b>—It has been contended that the protection -afforded by 3 & 4 Will. IV. c. 15 to musical compositions -is only an exclusive right of performance in places -of dramatic entertainment. That is the protection given to -dramatic pieces, and it was said that 5 & 6 Vict. c. 45, in -applying 3 & 4 Will. IV. c. 15 to musical compositions did -not give them a wider protection than dramatic pieces had. -In <i>Wall</i> v. <i>Taylor</i><a id="FNanchor_775" href="#Footnote_775" class="fnanchor">[775]</a> the Court held that this view was wrong. -Bowen, L. J., said:</p> - -<blockquote> - -<p>"I think the answer is this, that what is called in the argument a -'condition' of recovering a penalty in sec. 2 of 3 & 4 Will. IV. c. 15 is -nothing of the kind, but part of the definition of the offence upon which -the penalty is to be incurred.... The right granted is the privilege of -representing at places of dramatic entertainment.... Now sec. 20 -of 5 & 6 Vict. c. 45 creates a new right of property as to a musical composition, -and gives the author and his assigns the sole liberty of representing -or performing it. That is the right given, and sec. 21 says -that the person who shall have that right 'shall have and enjoy the -remedies given and provided' in the Act of 3 & 4 Will. IV. c. 15. -Why read into that word 'remedies' that the second section of that Act -is only to be put in force not where there is an infringement of that right, -but where there has been a representation or performance at a place of -dramatic entertainment."</p></blockquote> - -<p>The view of Cotton, L. J., in the same case was that the -remedies of 3 & 4 Will. IV. c. 15 were not applicable unless -the musical composition was performed in a place of dramatic -entertainment; but that in every case of public performance -there was a remedy under 5 & 6 Vict. c. 45 for damages and -injunction. Since the Musical Copyright Act of 1888 the distinction -between these opinions has become immaterial, for in -every case in which the performance is actionable at all the -Court may assess the damages as it thinks proper.</p> - -<p><b>Causing to be Represented.</b>—The offence is representing or -<span class="pagenum" id="Page_144">[144]</span> -"causing to be represented." As to what the latter includes -see page 139, on performing right in dramatic pieces. The -liability for "causing to be represented" differs from that in the -case of dramatic pieces in that since the Copyright (Musical -Compositions) Act, 1888, "the proprietor, tenant, or occupier of -any place of dramatic entertainment or other place at which any -unauthorised representation or performance of any musical -composition shall take place ... shall not by reason of such -representation or performance be liable to any penalty or -damages in respect thereof, unless he shall wilfully cause or -permit such unauthorised representation or performance, knowing -it to be unauthorised."<a id="FNanchor_776" href="#Footnote_776" class="fnanchor">[776]</a> In respect of those who are not -proprietors, tenants, or occupiers the liability is the same as in -the infringement of dramatic performing right.</p> - -<h3><span class="smcap">Section XI.—Remedies for Infringement of Dramatic -Performing Rights.</span></h3> - -<p>An action for—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Penalty<a id="FNanchor_777" href="#Footnote_777" class="fnanchor">[777]</a> of 40s. for each performance, or the defendant's -profits, or the actual damage sustained, whichever -be the greater.</span> -<span class="i0">2. Injunction.<a id="FNanchor_778" href="#Footnote_778" class="fnanchor">[778]</a></span> -<span class="i0">3. A full and reasonable indemnity as to costs.<a id="FNanchor_779" href="#Footnote_779" class="fnanchor">[779]</a></span> -</div></div> - -<p>Action must be brought within twelve calendar months of -the offence.<a id="FNanchor_780" href="#Footnote_780" class="fnanchor">[780]</a><span class="pagenum" id="Page_145">[145]</span> -</p> - -<h3><span class="smcap">Section XII.—Remedies for Infringement of Musical -Performing Rights.</span>.</h3> - -<p>An action for—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Damages.<a id="FNanchor_781" href="#Footnote_781" class="fnanchor">[781]</a></span> -<span class="i0">2. Injunction.<a id="FNanchor_782" href="#Footnote_782" class="fnanchor">[782]</a></span> -<span class="i0">3. Costs in the discretion of the Court.<a id="FNanchor_783" href="#Footnote_783" class="fnanchor">[783]</a></span> -</div></div> - -<p>Action must be brought within twelve calendar months of -the offence.<a id="FNanchor_784" href="#Footnote_784" class="fnanchor">[784]</a><span class="pagenum" id="Page_146">[146]</span> -</p> - -<hr class="chap" /> -<h2>CHAPTER VI<br /> - -COPYRIGHT IN ENGRAVINGS</h2> - -<h3><span class="smcap">Section I.—What Works are Protected.</span></h3> - -<p>The following works are protected under the Engraving -Acts:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Every original engraving or print:<a id="FNanchor_785" href="#Footnote_785" class="fnanchor">[785]</a></span> -<span class="i0">2. [Made within the British dominions:]<a id="FNanchor_786" href="#Footnote_786" class="fnanchor">[786]</a></span> -<span class="i0">3. First published within the British dominions:<a id="FNanchor_787" href="#Footnote_787" class="fnanchor">[787]</a></span> -<span class="i0">4. Which bears the date of first publication and the -proprietor's name thereon:<a id="FNanchor_788" href="#Footnote_788" class="fnanchor">[788]</a></span> -<span class="i0">5. And is innocent.<a id="FNanchor_789" href="#Footnote_789" class="fnanchor">[789]</a></span> -</div></div> - -<p>The protection endures for twenty-eight years from publication.<a id="FNanchor_790" href="#Footnote_790" class="fnanchor">[790]</a></p> - -<p>The protection is limited to the United Kingdom.<a id="FNanchor_791" href="#Footnote_791" class="fnanchor">[791]</a></p> - -<p><b>What is an Original Engraving.</b>—By 8 Geo. II. c. 13 -(1734) copyright is given to "every person who shall invent -and design, engrave, etch, or work in mezzotinto or chiaro -oscuro, or from his own works and invention shall cause to -be designed and engraved, etched, or worked in mezzotinto or -chiaro oscuro any historical or other print or prints."</p> - -<p>In <i>Blackwell</i> v. <i>Harper</i><a id="FNanchor_792" href="#Footnote_792" class="fnanchor">[792]</a> (1740) it was decided that the above -Act was not limited to works of invention such as an historical -group, but extended to the "designing or engraving anything -that is already in nature."</p> - -<p>In <i>Jefferys</i> v. <i>Baldwin</i><a id="FNanchor_793" href="#Footnote_793" class="fnanchor">[793]</a> (1753) it was held that prints of herring -fishing-boats were not within the protection of the Act.</p> - -<p>By 7 Geo. III. c. 38 (1766), which was passed in consequence -probably of the doubt thrown upon the earlier Act by -<span class="pagenum" id="Page_147">[147]</span> -the above and other decisions, the copyright in engravings is -given to "all and every person or persons who shall invent or -design, engrave, etch, or work in mezzotinto or chiaro oscuro, or -from his own work, design, or invention shall cause or procure -to be designed, engraved, etched, or worked in mezzotinto or -chiaro oscuro 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," and "to -all and every person who shall 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."</p> - -<p>Notwithstanding this widely worded protection, doubts arose -as to whether lithographs and certain new processes of reproducing -prints came within the Acts, and in consequence a clause -was inserted in the Copyright Act of 1852<a id="FNanchor_794" href="#Footnote_794" class="fnanchor">[794]</a> whereby it was -declared that the provisions of the Engraving Acts were intended -to include prints taken by lithography or any other mechanical -process by which prints or impressions of drawings or designs -are capable of being multiplied indefinitely.</p> - -<p>Prints of every description, therefore, are protected under the -Engraving Acts, and it is immaterial whether the design produced is:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. The imaginative invention of the maker,</span> -<span class="i0">2. Taken from some object in nature, or</span> -<span class="i0">3. Taken from some other work of art, such as a picture or model.</span> -</div></div> - -<p><i>Originality.</i>—The only originality required is an originality in -execution, <i>i. e.</i> the work must not be taken from some other print -and reproduce from that other print those characteristics of -execution wherein the peculiar merit of the engraver's art lies.</p> - -<blockquote> - -<p>"The engraver produces his effects by the management of light and -shade, or as the term of his art expresses it, the <i>chiaro oscuro</i>. The due -degrees of light and shade are produced by different lines and dots; he -who is the engraver must decide on the choice of the different lines or -dots for himself, and on his choice depends the success of his print. If -<span class="pagenum" id="Page_148">[148]</span> -he copies from another engraving he may see how the person who engraved -that has produced the desired effect, and so without skill or -attention become a successful rival."<a id="FNanchor_795" href="#Footnote_795" class="fnanchor">[795]</a></p></blockquote> - -<p><i>Map, Chart, or Plan.</i>—It will be remembered that maps, -charts, and plans are included under the definition of books in the -Copyright Act, 1842,<a id="FNanchor_796" href="#Footnote_796" class="fnanchor">[796]</a> and receive protection as such. Doubt has -consequently been raised as to whether a map must comply with -both the Engraving Acts and the Literary Act in order to obtain -protection, or whether it will be sufficient to comply with the -requirements of one only, and if so, which. The decided cases -are unsatisfactory. In <i>Stannard</i> v. <i>Lee</i><a id="FNanchor_797" href="#Footnote_797" class="fnanchor">[797]</a> protection was claimed -for a "Panoramic Bird's-eye view of France and Prussia," with the -railway and strategic positions illustrating the Franco-Prussian War -of 1870. This was not registered as a book under the Copyright -Act, 1842, and the objection was held to be fatal. The judges in -the Court of Appeal seemed to be of opinion that the Act of -1842 had taken maps, charts, and plans out of the protection of -the Engraving Acts and placed them under the protection of the -Literary Act, consequently that the requirements of the latter and -not of the Engraving Acts must be observed. James, L. J., -said:</p> - -<blockquote> - -<p>"It was reasonable and proper to take a map out of the class of -artistic copyrights and to give to it the better and more complete copyright -which is intended to be given to literary works. And there would -be, as I have pointed out clearly, great inconvenience in having two laws -of copyright as to two sets of maps or as to the same set of maps."<a id="FNanchor_798" href="#Footnote_798" class="fnanchor">[798]</a></p></blockquote> - -<p>Mellish, L. J., said:</p> - -<blockquote> - -<p>"I think it is a perfectly rational enactment that maps shall no longer -be included among works of art but be classed in future with literary -works."<a id="FNanchor_799" href="#Footnote_799" class="fnanchor">[799]</a></p></blockquote> - -<p>After this case had been decided a petition was brought to -the Court praying that another case, <i>Stannard</i> v. <i>Harrison</i>,<a id="FNanchor_800" href="#Footnote_800" class="fnanchor">[800]</a> in -which the same map had been copied, and to which the defendants -<span class="pagenum" id="Page_149">[149]</span> -had consented to a decree for injunction and damages, -should be reheard. Bacon, V. C., refused the petition, and indicated -in the course of his judgment that a map not registered -as a book might be protected as an engraving if the claim was -properly stated. The judgment in <i>Stannard</i> v. <i>Lee</i>,<a id="FNanchor_801" href="#Footnote_801" class="fnanchor">[801]</a> he said, had -gone on a question of pleading, the plaintiffs having voluntarily -brought their map under the category of books. This is by no -means a satisfactory explanation of the decision in the Court of -Appeal, as it is abundantly clear from the judgments as reported -that in the view of the Lords Justices the Copyright Act, 1842, -took maps, charts, and plans out of the category of artistic works -and placed them in the category of literary works. Whether this -is a correct view is another matter, but at present it would seem -to be law. It is submitted that the true view probably is that a -map may be protected under either Act if the requisite formalities -are observed. The Literary will probably give a wider protection -than the Engraving Acts. The Engraving Acts will protect -a map from infringement of the method of execution, that is to -say, the work which is the peculiar work of the engraver; while -the Literary Act will protect it not only from that, but from a -piratical taking of information imparted. Thus suppose a map -of India giving battles and dates and, say, the principal products -of the various districts marked with printed letters on the surface. -It is difficult to see how the taking of all these dates and products -and placing them perhaps printed in different letters on -the new map could be an infringement of the engraving copyright -in the map; there is nothing in the nature of a design or -drawing taken; and yet it is quite clear it will be an infringement -under the protection afforded by a literary copyright, because -there is a taking of the particular expression by which information -is imparted.</p> - -<p><i>Engravings in a book</i> are protected by the Copyright Act, 1842, -as part of the book, and, as such, do not require to comply with -the requirements of the Engraving Acts.<a id="FNanchor_802" href="#Footnote_802" class="fnanchor">[802]</a> The protection of a -print forming part of a book is probably a double one, and if it -<span class="pagenum" id="Page_150">[150]</span> -had the name and date inscribed would be protected without -registration or notwithstanding faulty registration of the book.</p> - -<p><b>Must the Engraving be made within the British Dominions.</b>—The -Act 17 Geo. III. c. 57 giving a remedy by action for -damages is expressly confined to works made in Great Britain. -The other two Acts, 8 Geo. II. c. 13 and 7 Geo. III. c. 38, are not -expressly limited to works there made, but it has been held that -the limitation is to be supplied in them.<a id="FNanchor_803" href="#Footnote_803" class="fnanchor">[803]</a></p> - -<blockquote> - -<p>"It is plain that the object of the legislature was to protect those -works which were designed, engraved, etched, or worked in Great Britain, -and not those which were designed, engraved, etched, or worked abroad, -and only published in Great Britain."<a id="FNanchor_804" href="#Footnote_804" class="fnanchor">[804]</a></p></blockquote> - -<p>The Act 6 & 7 Will. IV. c. 59 extends the application of the -Engraving Acts to Ireland, and in section 2 there is a general -proviso protecting "any engraving or print of any description -whatever ... which may have been or which shall hereafter -be published in any part of Great Britain or Ireland." It is -quite arguable that this extends the protection to engravings -wherever made if published in the United Kingdom; but probably -it would be held to be only applicable to engravings made -in the United Kingdom, and is merely a proviso that there will -be no copyright until publication in the United Kingdom. The -point, however, is one of great uncertainty.</p> - -<p>Under the International Copyright Act, 1886,<a id="FNanchor_805" href="#Footnote_805" class="fnanchor">[805]</a> works first -produced anywhere within the British dominions are protected -equally with those first produced in the United Kingdom. The -doubt still remains whether the engraving must not be made as -well as first published within the British dominions.</p> - -<p><b>The Engraving must be first Published within the British -Dominions.</b>—There is no protection until publication<a id="FNanchor_806" href="#Footnote_806" class="fnanchor">[806]</a> except -at common law. Publication is an act which gives to the -public an opportunity on payment or otherwise of viewing -the print. There may probably be publication without offering -copies for sale or distribution. See as to publication of books<a id="FNanchor_807" href="#Footnote_807" class="fnanchor">[807]</a> -and pictures;<a id="FNanchor_808" href="#Footnote_808" class="fnanchor">[808]</a> but the analogy is not complete with either.<span class="pagenum" id="Page_151">[151]</span> -There seems to be no direct authority as to what constitutes -publication of an engraving.</p> - -<p>Before 1886 the work had to be published in the United -Kingdom.<a id="FNanchor_809" href="#Footnote_809" class="fnanchor">[809]</a> Now first publication anywhere within the British -dominions will be sufficient to secure the copyright.<a id="FNanchor_810" href="#Footnote_810" class="fnanchor">[810]</a></p> - -<p><b>Date of First Publication and Proprietor's Name.</b>—It is a -condition precedent to protection that there must be truly -engraved on each plate, and printed on every print or prints<a id="FNanchor_811" href="#Footnote_811" class="fnanchor">[811]</a>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> The name of the proprietor;</span> -<span class="i0"><span class="rgt">ii.</span> The day of first publication.</span> -</div></div> - -<p>This qualification of the engraver's right is only inserted in -8 Geo. II. c. 13, and not in the subsequent Acts which extend -the protection to works not there included and give remedies -not there given. It has been held, however, that as the Acts -are <i>in pari materia</i> they must be taken together, and the qualification -in the first read into the others.<a id="FNanchor_812" href="#Footnote_812" class="fnanchor">[812]</a></p> - -<p>The proviso as to the name and date is a condition precedent -to protection, and not merely directory.<a id="FNanchor_813" href="#Footnote_813" class="fnanchor">[813]</a> In one case Lord -Hardwicke thought that, although no action for penalties would -lie unless the name and date were correctly published, an injunction -might be granted even although the name and date -were not published at all.<a id="FNanchor_814" href="#Footnote_814" class="fnanchor">[814]</a> He was probably wrong.</p> - -<p><i>Name of Proprietor.</i>—There is some little doubt as to whether -this must be the name of the person who was proprietor at the -date of first publication or at the date on which protection is -claimed. In <i>Thompson</i> v. <i>Symonds</i><a id="FNanchor_815" href="#Footnote_815" class="fnanchor">[815]</a> Lord Kenyon said:</p> - -<blockquote> - -<p>"The name of the proprietor should appear in order that those who -wish to copy it might know to whom to apply for consent. It seems, -therefore, necessary that the date should remain, but that the name of -the proprietor should be altered as often as the property is changed." -<span class="pagenum" id="Page_152">[152]</span></p></blockquote> - -<p>But Buller, J., in the same case, thought the proprietor always -meant the inventor and first proprietor, notwithstanding the -property had passed to his assignee. The point is certainly -doubtful, but the latter view that the name of the first proprietor -only need be on the print seems the more reasonable, and not -contrary to the wording of the Act. The proprietor need not -be described as such on the plate.<a id="FNanchor_816" href="#Footnote_816" class="fnanchor">[816]</a> If his name is there it -is sufficient, even if there is more than one name and it is -uncertain which is the proprietor.<a id="FNanchor_817" href="#Footnote_817" class="fnanchor">[817]</a> The proprietor need not -be described by his full name, his surname is sufficient.<a id="FNanchor_818" href="#Footnote_818" class="fnanchor">[818]</a> When -a partnership firm are proprietors of an engraving the trading -name of the firm is a sufficient designation, inasmuch as it -enables parties to know whom to apply to for information.<a id="FNanchor_819" href="#Footnote_819" class="fnanchor">[819]</a> -If a single proprietor trades under the designation of A. B. & Co. -that is a sufficient designation.<a id="FNanchor_820" href="#Footnote_820" class="fnanchor">[820]</a></p> - -<p><b>Immoral Works.</b>—There will be no copyright in profane, -libellous, or indecent prints.<a id="FNanchor_821" href="#Footnote_821" class="fnanchor">[821]</a></p> - -<p><b>Duration of Protection.</b>—The statutory right begins on -publication, and runs for twenty-eight years from the day of -first publishing.<a id="FNanchor_822" href="#Footnote_822" class="fnanchor">[822]</a></p> - -<p>After publication protection will depend entirely on the -statute.<a id="FNanchor_823" href="#Footnote_823" class="fnanchor">[823]</a></p> - -<p>Before publication there is a common law right to prevent -all interference with what is a man's private property,<a id="FNanchor_824" href="#Footnote_824" class="fnanchor">[824]</a> and to -protect this the formalities prescribed by the statute need not -be complied with.</p> - -<h3><span class="smcap">Section II.—The Owner of the Copyright</span>.</h3> - -<p><b>The Engraver.</b>—The persons to whom the copyright is -given by the Acts are, "Every person and persons who shall -<span class="pagenum" id="Page_153">[153]</span> -invent or design, engrave, etch, or work in mezzotinto or chiaro -oscuro, or from his own work, design, or invention, shall cause -or procure to be designed, engraved, etched, or worked in -mezzotinto or chiaro oscuro any prints ... and every person -who shall engrave, etch, or work in mezzotinto or chiaro oscuro, -or cause to be engraved, etched, or worked any print taken from -any picture."</p> - -<p>The engraver, therefore, is the first owner of the copyright -when he does the work on his own behalf, or, if he does it -on behalf of another, executes it entirely from his own work, -design, or invention.</p> - -<p><b>The Employer.</b>—When one man employs another to execute -an engraving it would seem that by the Acts<a id="FNanchor_825" href="#Footnote_825" class="fnanchor">[825]</a> the copyright -vests <i>ab initio</i> in the employer:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. In the case of an engraving taken from another work of art.</span> -<span class="i0">2. In the case of an engraving with an original design, -if it is executed from the employer's own work, -design, or invention.</span> -</div></div> - -<p>An employer may be the inventor of a design even although -he is unable to draw, and would himself be unable to execute -it. For instance, in the case<a id="FNanchor_826" href="#Footnote_826" class="fnanchor">[826]</a> of a war map for the Franco-Prussian -war in 1870, it was held that a publisher who had -employed an engraver, giving him material and instructions -from time to time was the inventor, and therefore the first owner -in the copyright in the map. Bacon, V. C., said:</p> - -<blockquote> - -<p>"As to whether the design or invention is that of the plaintiff or not -is a mere matter of character.... The compiler has proved that it is -the design of the plaintiff; that the plaintiff brought to him his rough -sketch or draught, a drawing of the same size as the stone on which it -was to be engraved, pointing out, as the compiler has said, 'a rough -sketch of the forts and towns to give me an idea; he furnished me also -with a large French map, and some maps published in the <i>Times</i> and -<i>Daily Telegraph</i>; he gave me notice also daily of the earthworks that -were made and produced, besides a picture published in the <i>Illustrated -London News</i>.' That the plaintiff cannot draw himself is a matter -<span class="pagenum" id="Page_154">[154]</span> -wholly unimportant if he has caused other persons to draw for him. He -invents the subject of the design beyond all question. He prescribes the -proportions and the contents of the design; he furnishes a part of the -materials from which the drawing has to be made in the first instance, -and afterwards collects daily from the proper sources, and even, if it be -necessary to say so, from official sources, the decrees, the reports, the -bulletins and accounts contained in the newspapers of the different -phases of the war, and especially of the places in which earthworks are -thrown up. These he communicates to the man whom he has employed -to make a drawing for him.... It is clear to my mind that this is a -work of diligence, industry, and for aught I know of genius on the part -of the plaintiff, for the notion never seems to have occurred to the -compiler himself."</p></blockquote> - -<p>If the person employed is the servant of the employer and -not an independent contractor, the whole right in the engraving -will probably, irrespective of the Acts, vest <i>ab initio</i> in the -employer.<a id="FNanchor_827" href="#Footnote_827" class="fnanchor">[827]</a></p> - -<p><b>The Assignee.</b>—In one case<a id="FNanchor_828" href="#Footnote_828" class="fnanchor">[828]</a> it was contended that there -could be no assignment under the Engraving Acts enabling an -assignee to sue in his own name, since these Acts only provide -for the licence and exemption from liabilities of a purchaser.<a id="FNanchor_829" href="#Footnote_829" class="fnanchor">[829]</a> -It was held, however, that there could be an assignment, and -that the assignee could sue in his own name.<a id="FNanchor_830" href="#Footnote_830" class="fnanchor">[830]</a></p> - -<p>As a licence is required to be in writing, signed by the proprietor -and in the presence of two or more credible witnesses,<a id="FNanchor_831" href="#Footnote_831" class="fnanchor">[831]</a> -so must the assignment which passes a greater right.<a id="FNanchor_832" href="#Footnote_832" class="fnanchor">[832]</a></p> - -<p>The sale of plates will not in itself operate as an assignment;<a id="FNanchor_833" href="#Footnote_833" class="fnanchor">[833]</a> -but, if it were clearly intended to pass the whole right, -probably it would pass with the plates without assignment in -writing.<a id="FNanchor_834" href="#Footnote_834" class="fnanchor">[834]</a></p> - -<p>Before publication the whole right in the engraving, <i>i. e.</i> the -common law right, may be assigned without writing.<a id="FNanchor_835" href="#Footnote_835" class="fnanchor">[835]</a><span class="pagenum" id="Page_155">[155]</span> -</p> - -<h3><span class="smcap">Section III.—Infringement of the Copyright.</span></h3> - -<p><b>Prohibited Acts and Remedies.</b>—It is an offence "for any -print-seller or other person whatsoever"<a id="FNanchor_836" href="#Footnote_836" class="fnanchor">[836]</a>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. To engrave, etch, or work, or in any manner copy and -sell the protected work.</span> -<span class="i0">2. To print, reprint, or import for sale any pirated copy.</span> -<span class="i0">3. Knowingly to publish, sell, or expose for sale, or in -any other manner dispose of any pirated copy.</span> -<span class="i0">4. To cause or procure any of these acts to be done.</span> -</div></div> - -<p>For any such offence the remedy is an action in the High -Court for—</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> Forfeiture of plates and sheets to proprietor for destruction.<a id="FNanchor_837" href="#Footnote_837" class="fnanchor">[837]</a></span> -<span class="i0"><span class="rgt">ii.</span> Penalty of 5s. for every published copy.<a id="FNanchor_838" href="#Footnote_838" class="fnanchor">[838]</a></span> -<span class="i0"><span class="rgt">iii.</span> Damages.<a id="FNanchor_839" href="#Footnote_839" class="fnanchor">[839]</a></span> -<span class="i0"><span class="rgt">iv.</span> Injunction.<a id="FNanchor_840" href="#Footnote_840" class="fnanchor">[840]</a></span> -<span class="i0"><span class="rgt">v.</span> Inspection and Account.<a id="FNanchor_841" href="#Footnote_841" class="fnanchor">[841]</a></span> -</div></div> - -<p>Further it is an offence—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">5. Innocently to publish, sell, or expose for sale, any -pirated copy.<a id="FNanchor_842" href="#Footnote_842" class="fnanchor">[842]</a></span> -<span class="i0">6. To make a copy or copies, whether for sale or not.<a id="FNanchor_843" href="#Footnote_843" class="fnanchor">[843]</a></span> -<span class="i0">7. To cause or procure any of these acts to be done.</span> -</div></div> - -<p>For any such offence the remedy is an action in the High -Court for—</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> Damages.<a id="FNanchor_844" href="#Footnote_844" class="fnanchor">[844]</a></span> -<span class="i0"><span class="rgt">ii.</span> Injunction.<a id="FNanchor_845" href="#Footnote_845" class="fnanchor">[845]</a></span> -<span class="i0"><span class="rgt">iii.</span> Inspection and Account.<a id="FNanchor_846" href="#Footnote_846" class="fnanchor">[846]</a></span> -<span class="pagenum" id="Page_156">[156]</span> -</div></div> - -<p>Penalties and delivery of plates or copies may also be -recovered by summary proceeding before any two justices -having jurisdiction where the party offending resides.<a id="FNanchor_847" href="#Footnote_847" class="fnanchor">[847]</a></p> - -<p><i>Guilty Knowledge.</i>—It will be noticed that in order to recover -penalties and forfeiture of copies under 8 Geo. II. c. 13, for the -offence of selling a piratical copy, it must have been committed -knowing the copy to have been produced without consent. In -17 Geo. III. c. 57, however, the offence for which an action for -damages lies is merely "selling," thus not requiring proof of -guilty knowledge. It has been contended that the requirement -of guilty knowledge in 8 Geo. II. c. 13, should be read into 17 -Geo. III. c. 57, and the action of damages provided by the latter -statute applied to guilty selling only. This contention has been -rejected as erroneous.<a id="FNanchor_848" href="#Footnote_848" class="fnanchor">[848]</a></p> - -<p><i>Limitation of Action.</i>—Actions for penalties under the Acts -must be brought within three months of the discovery of the -offence sued on<a id="FNanchor_849" href="#Footnote_849" class="fnanchor">[849]</a> and within six months after the committal of -such offence.<a id="FNanchor_850" href="#Footnote_850" class="fnanchor">[850]</a></p> - -<p>There is no express limitation in the Acts in respect of actions -for damages under 17 Geo. III. c. 57, and therefore such action -will not be barred for six years.<a id="FNanchor_851" href="#Footnote_851" class="fnanchor">[851]</a></p> - -<p><i>Costs.</i>—The litigant if successful in an action for infringement -is to recover "full costs."<a id="FNanchor_852" href="#Footnote_852" class="fnanchor">[852]</a> This proviso, however, has -been construed to mean nothing more than ordinary costs taxed -as between party and party.<a id="FNanchor_853" href="#Footnote_853" class="fnanchor">[853]</a> Probably, however, they may be -claimed as of right and are not in the discretion of the Court -under Rules of the Supreme Court, o. 65, r. 1.<a id="FNanchor_854" href="#Footnote_854" class="fnanchor">[854]</a></p> - -<p><i>Copying for Private Use</i> will probably be actionable under -17 Geo. III. c. 57;<a id="FNanchor_855" href="#Footnote_855" class="fnanchor">[855]</a> but no penalties could be recovered under -8 Geo. II. c. 13, as under that Act the making must be a making -for sale.</p> - -<p><b>What is a Piratical Copy.</b>—The right under the Acts is "the -<span class="pagenum" id="Page_157">[157]</span> -sole right and liberty of printing and reprinting the same,"<a id="FNanchor_856" href="#Footnote_856" class="fnanchor">[856]</a> and -the prohibition is against "engraving, etching, or working in -mezzotinto or chiaro oscuro or otherwise, or in any manner -copying, in the whole or in part, by varying, adding to or -diminishing from, the main design."<a id="FNanchor_857" href="#Footnote_857" class="fnanchor">[857]</a></p> - -<p>The taking of a material part is a piracy;<a id="FNanchor_858" href="#Footnote_858" class="fnanchor">[858]</a> the copy which -contains a material part of a copyright engraving is a piratical -copy, and it is an offence to import or sell it.<a id="FNanchor_859" href="#Footnote_859" class="fnanchor">[859]</a></p> - -<p>The copyright in an engraving may be infringed otherwise -than by another engraving. Thus a photograph of an engraving -is an infringement of the copyright in it.<a id="FNanchor_860" href="#Footnote_860" class="fnanchor">[860]</a></p> - -<p>It is doubtful how far the Engraving Acts protect the design -in an engraving. It is clear that when an engraving is taken -from a work of art previously existing, such as a pen and ink -drawing or a painting, the engraving is only copyright so far as -the work of the engraver<a id="FNanchor_861" href="#Footnote_861" class="fnanchor">[861]</a> is concerned; that is to say, apart -from the copyright in the drawing or painting, which may or -may not be his, the engraver acquires no monopoly<a id="FNanchor_862" href="#Footnote_862" class="fnanchor">[862]</a> of the -right to engrave the picture; the fact of his being the first -engraver does not prevent others from doing the same, they -can only be prevented from copying from his engraving the -peculiar execution of the design. In <i>Dicks</i> v. <i>Brooks</i><a id="FNanchor_863" href="#Footnote_863" class="fnanchor">[863]</a> a printed -pattern for Berlin wool work was taken from an engraving of -the well-known picture "The Huguenot," by Millais. The -owner of the copyright in the engraving sued for infringement. -It was held that the printed pattern constituted no infringement -of his engraving; it contained no reproduction of that which -was the engraver's meritorious work in the print. But if the -whole invention and design of the engraving is the engraver's -own do the Engraving Acts protect the engraver in such design -and invention? There is no authority where the point has -been expressly considered and decided. It is suggested that -<span class="pagenum" id="Page_158">[158]</span> -the Engraving Acts protect that part of an engraving only which -is the result of the engraver's peculiar art; for the rest, for the -design, for the invention, for the grouping of the figures, protection -can only be obtained under the Act protecting drawings, or -(in the case of maps) under the Literary Copyright Act, or at -common law. In <i>Roworth</i> v. <i>Wilkes</i><a id="FNanchor_864" href="#Footnote_864" class="fnanchor">[864]</a> Lord Ellenborough considered -a copying of the design was an infringement of copyright -under the Engraving Acts. The action was in respect of -an alleged infringement of certain plates in a treatise on fencing. -These plates had been copied in so far as the position of the -figures went, but they were represented as differently dressed. -His Lordship, in directing the jury, said:</p> - -<blockquote> - -<p>"As to the prints, the question will be whether the defendant has -copied the main design ... it is still to be considered whether there be -such a similitude and conformity between the prints that the person who -executed the one set must have used the others as a model. In that case -he is a copyist of the main design. But if the similitude can be supposed -to have arisen from accident, or necessarily from the nature of the subject, -or from the artist having sketched designs merely from reading the letterpress -of the plaintiffs work, the defendant is not answerable. It is -remarkable, however, that he has given no evidence to explain the -similitude or to repel the presumption which that necessarily causes."</p></blockquote> - -<p>In <i>Martin</i> v. <i>Wright</i><a id="FNanchor_865" href="#Footnote_865" class="fnanchor">[865]</a> it was held that when an artist had from -sketches of his own produced an engraving, and the defendant -had it copied on canvas in colours on a very large scale, with -dioramic effect, and publicly exhibited it, such a copying and -exhibiting was no infringement of the engraving. The ground -of this decision seems to have been partly that the merit -of the new work had absorbed the merit of the old. Thus -Shadwell, V. C., prefaces his judgment with the remark that -"any person may copy and publish the whole of a literary -composition provided he writes notes upon it, so as to -present it to the public connected with matter of his own."<a id="FNanchor_866" href="#Footnote_866" class="fnanchor">[866]</a> -Another ground of the decision seems to have been that the -diorama was produced for purposes of exhibition and not of -sale. The real point, whether the Acts protected more than that -<span class="pagenum" id="Page_159">[159]</span> -which was peculiar to the engraver's art, does not appear to have -been considered either in the argument or judgment. In <i>Dicks</i> -v. <i>Brooks</i><a id="FNanchor_867" href="#Footnote_867" class="fnanchor">[867]</a> James, L. J., appears to have been of opinion that -8 Geo. II. c. 3, in protecting the work of an engraver where the -invention and design was his own, protected not only the work -peculiar to the engraver's art, but the invention and design of -the pictures as well.</p> - -<blockquote> - -<p>"These words were intended to give protection for the genius exhibited -in the invention of the design, and the protection was commensurate -with the invention and design."<a id="FNanchor_868" href="#Footnote_868" class="fnanchor">[868]</a></p></blockquote> - -<p>Bramwell, L. J., however, seems inclined towards the opposite -view. He says:</p> - -<blockquote> - -<p>"I do not say that if this were an ordinary engraving with no picture, -a lithograph taken from it would not be a copy. I think that a photograph -taken from it would be a copy. I do not say that if this were an -original engraving with no picture, and a copy were made of it and afterwards -coloured there might not be some ground for saying that there was -a piracy of the art and skill of the engraver. I should have very great -misgiving about it, because I doubt whether the statutes were not intended -to protect the artist's skill as an engraver only, and not as a -draftsman."<a id="FNanchor_869" href="#Footnote_869" class="fnanchor">[869]</a></p></blockquote> - -<p>It is no defence to an action for infringement that the work -has been extensively added to or improved.<a id="FNanchor_870" href="#Footnote_870" class="fnanchor">[870]</a></p> - -<p>Striking prints from the proprietor's own plate has been -held not to be an infringement, although it was clearly an -unauthorised act and a breach of contract.<a id="FNanchor_871" href="#Footnote_871" class="fnanchor">[871]</a> Thus a printer who -had plates in his possession would not infringe the copyright -and be liable to penalties by striking copies for his own use, but -he would be liable in damages for breach of contract.</p> - -<p><i>Licence a Defence.</i>—A licence in order to be a defence must be -in writing signed by the proprietor in the presence of two or -more credible witnesses,<a id="FNanchor_872" href="#Footnote_872" class="fnanchor">[872]</a> but a licensee who is also a purchaser -of any plates for printing may presumably without any document -in writing print from the said plates without incurring penalties<a id="FNanchor_873" href="#Footnote_873" class="fnanchor">[873]</a><span class="pagenum" id="Page_160">[160]</span> -under 8 Geo. II. c. 13 or 7 Geo. III. c. 38, but <i>quære</i> whether -such purchaser would not technically be liable to damages -under 17 Geo. III. c. 57. A bare licensee, although a purchaser -of plates, could not authorise third persons to print from the -plates except as his agent and on his behalf.<a id="FNanchor_874" href="#Footnote_874" class="fnanchor">[874]</a><span class="pagenum" id="Page_161">[161]</span> -</p> - -<hr class="chap" /> -<h2>CHAPTER VII<br /> - -COPYRIGHT IN SCULPTURE</h2> - -<h3><span class="smcap">Section I.—What Works are Protected.</span></h3> - -<p>The following works are protected under the Sculptures Act:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Every original sculpture:<a id="FNanchor_875" href="#Footnote_875" class="fnanchor">[875]</a></span> -<span class="i0">2. First published within the British dominions:<a id="FNanchor_876" href="#Footnote_876" class="fnanchor">[876]</a></span> -<span class="i0">3. [The author of which is a British subject or resident within the British dominions]:<a id="FNanchor_877" href="#Footnote_877" class="fnanchor">[877]</a></span> -<span class="i0">4. Which bears the proprietor's name and the date [of first publication] thereon:<a id="FNanchor_878" href="#Footnote_878" class="fnanchor">[878]</a></span> -<span class="i0">5. And is innocent.<a id="FNanchor_879" href="#Footnote_879" class="fnanchor">[879]</a></span> -</div></div> - -<p>Protection endures for fourteen years from publication, and -another term of fourteen years if the author is then alive and -retains the copyright.<a id="FNanchor_880" href="#Footnote_880" class="fnanchor">[880]</a></p> - -<p>Protection is probably limited by implication to the United -Kingdom.<a id="FNanchor_881" href="#Footnote_881" class="fnanchor">[881]</a></p> - -<p><b>What is an Original Sculpture.</b>—The work protected is "any -new and original sculpture, or model, or copy, or cast of the -human figure or human figures, or of any bust or busts or of -any part or parts of the human figure clothed in drapery or -otherwise, or of any subject being matter of invention in -sculpture, or of any alto or basso-relievo representing any of the -matters or things hereinbefore mentioned, or any cast from -nature of the human figure or of any part or parts of the human -figure, or of any cast from nature of any animal or of any part -or parts of any animal, or of any such subject containing any of -the matters or things hereinbefore mentioned, whether separate -or combined."<a id="FNanchor_882" href="#Footnote_882" class="fnanchor">[882]</a></p> - -<p>In one case it was contended that the Act only applied to -<span class="pagenum" id="Page_162">[162]</span> -representations of human figures and animals. North, J., however, -held that "any new and original sculpture" applied to any -subject "being matter of invention in sculpture," and that casts -of fruit and leaves used for instruction in drawing were protected.<a id="FNanchor_883" href="#Footnote_883" class="fnanchor">[883]</a></p> - -<p>Carefully modelled toy soldiers have been protected as works -of sculpture.<a id="FNanchor_884" href="#Footnote_884" class="fnanchor">[884]</a></p> - -<p><b>The Sculpture must be First Published within the British -Dominions.</b>—The Act provides that protection shall run from the -first publication of the work.<a id="FNanchor_885" href="#Footnote_885" class="fnanchor">[885]</a> Before 1886 it is possible that -first publication within the United Kingdom was required, now -first publication anywhere within the British dominions will vest -the copyright;<a id="FNanchor_886" href="#Footnote_886" class="fnanchor">[886]</a> first publication outside the British dominions -will destroy it.<a id="FNanchor_887" href="#Footnote_887" class="fnanchor">[887]</a></p> - -<p><i>Publication.</i>—A work of sculpture is published when the -"eye of the public"<a id="FNanchor_888" href="#Footnote_888" class="fnanchor">[888]</a> is allowed to rest upon it, that is to say when -the sculpture itself and not merely a photographic copy or sketch -is so exhibited that the general public have an opportunity of -viewing it.<a id="FNanchor_889" href="#Footnote_889" class="fnanchor">[889]</a> Exhibition in any public gallery such as the Royal -Academy would be publication; but a private view in the artist's -studio would not be publication.</p> - -<p><b>Author's Nationality.</b>—It is extremely doubtful whether the -author must not at the time of first publication bear some -allegiance to the crown by virtue of nationality or residence. -If this is so in the case of books,<a id="FNanchor_890" href="#Footnote_890" class="fnanchor">[890]</a> there seems to be no good -ground for saying that the statute as to sculpture<a id="FNanchor_891" href="#Footnote_891" class="fnanchor">[891]</a> was intended -to be more generous to the foreigner than that as to books.<a id="FNanchor_892" href="#Footnote_892" class="fnanchor">[892]</a></p> - -<p><b>Proprietor's Name and Date.</b>—The protection given by the -Sculpture Act is conditional on the proprietor or proprietors -having caused his, her, or their name or names with the date -to be put on every sculpture before the same shall be put forth -or published.<a id="FNanchor_893" href="#Footnote_893" class="fnanchor">[893]</a><span class="pagenum" id="Page_163">[163]</span> -</p> -<p><i>Proprietor's Name.</i><a id="FNanchor_894" href="#Footnote_894" class="fnanchor">[894]</a>—As to what will probably be a sufficient -statement of the proprietor's name, see the cases on engravings<a id="FNanchor_895" href="#Footnote_895" class="fnanchor">[895]</a> -on which also the proprietor's name is required. As to this -provision the two statutes seem to be <i>in pari materia</i> and the -cases equally applicable to both.</p> - -<p><i>Date.</i>—It is not stated what date: but there can be no -reasonable doubt but that the date of first publication is intended. -The older statute governing sculptures<a id="FNanchor_896" href="#Footnote_896" class="fnanchor">[896]</a> (now repealed) -required the proprietor's name and "date of publication." The -International Act, 7 & 8 Vict. c. 12, in reciting the provisions -as to sculptures, runs "and by the said Acts<a id="FNanchor_897" href="#Footnote_897" class="fnanchor">[897]</a> it is provided that -the name of the proprietor, with the date of first publication -thereof, is to be put on all such sculptures." It should be noticed, -however, that both statutes were then in operation and 38 -Geo. III. c. 71 had not yet been repealed, so that the recitation -in 7 & 8 Vict. c. 12 may apply only to the provision in 38 -Geo. III. c. 71, and is not necessarily explanatory of 54 Geo. III. -c. 36. There can be no doubt, however, that the omission in -54 Geo. III. c. 56 to state what date was required was an oversight, -and everything points to its being the date of first publication -that is meant. The statutory protection begins then, -and from then the duration of the copyright is measured so -that there is strong reason for the public being apprised of the -date of first publication, while the date of making, which is the -only other conceivable date, is of no importance. When the -date affixed was a date a few days before publication, Wright, J., -held it was immaterial, as it would only shorten the term of the -copyright.<a id="FNanchor_898" href="#Footnote_898" class="fnanchor">[898]</a></p> - -<p><b>Immoral Works.</b>—Profane, libellous, or indecent works will -not be protected. There are no direct authorities in respect -of unlawful works of sculpture, but as in books,<a id="FNanchor_899" href="#Footnote_899" class="fnanchor">[899]</a> paintings,<a id="FNanchor_900" href="#Footnote_900" class="fnanchor">[900]</a> and -engravings<a id="FNanchor_901" href="#Footnote_901" class="fnanchor">[901]</a> the general policy of the law not to take an account -between wrong-doers will apply.</p> - -<p><b>Duration of Protection.</b>—Statutory protection commences on -<span class="pagenum" id="Page_164">[164]</span> -publication.<a id="FNanchor_902" href="#Footnote_902" class="fnanchor">[902]</a> Before publication the unpublished work will be -protected at common law from any use which may be made -of it without the permission of the owner. After publication -the statutory protection alone exists and subsists for fourteen -years<a id="FNanchor_903" href="#Footnote_903" class="fnanchor">[903]</a> with a further term of fourteen years if at the expiration -of the first term the person who originally made or caused the -sculpture to be made is alive and has not parted with the -copyright.<a id="FNanchor_904" href="#Footnote_904" class="fnanchor">[904]</a></p> - -<h3><span class="smcap">Section II.—The Owner of the Copyright.</span></h3> - -<p><b>The Artist.</b>—If a work of sculpture is made by an artist on -his own behalf he becomes on publication the proprietor of -the copyright if before publication he has not assigned his -interest in the work.</p> - -<p><b>The Employer.</b>—If one procures an artist to make a -work of sculpture for him the employer will be <i>ab initio</i> the -owner of the copyright without any necessity for assignment -from the artist. In order so to vest the work the employer, -it would seem, requires to take no part in the invention or -design of the work. If he causes the work to be done, he -comes within the Act. No valuable consideration need be -shown.</p> - -<p><b>The Assignee.</b>—Assignment must be under seal, <i>i. e.</i> by a -deed in writing signed by the proprietor in the presence of and -attested by two or more credible witnesses.<a id="FNanchor_905" href="#Footnote_905" class="fnanchor">[905]</a></p> - -<h3><span class="smcap">Section III.—Infringement of the Copyright.</span></h3> - -<p><b>Prohibited Acts and Remedies.</b>—The Act (54 Geo. III. c. 56) -gives to the proprietor "the sole right and property" of works -in sculpture.<span class="pagenum" id="Page_165">[165]</span> -</p> -<p>The prohibited Acts are<a id="FNanchor_906" href="#Footnote_906" class="fnanchor">[906]</a>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Making a pirated copy.</span> -<span class="i0">2. Importing a pirated copy.</span> -<span class="i0">3. Exposing for sale or otherwise disposing of a pirated copy.</span> -<span class="i0">4. Causing any of these acts to be done.</span> -</div></div> - -<p>The remedy is an action at the suit of the proprietor for<a id="FNanchor_907" href="#Footnote_907" class="fnanchor">[907]</a>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> Damages.</span> -<span class="i0"><span class="rgt">ii.</span> Injunction.</span> -<span class="i0"><span class="rgt">iii.</span> Costs—"a full and reasonable indemnity."<a id="FNanchor_908" href="#Footnote_908" class="fnanchor">[908]</a></span> -</div></div> - -<p><i>Guilty Knowledge.</i>—Ignorance is no defence to an action in -respect of any of the prohibited Acts, even that of selling.</p> - -<p><i>Limitation of Action.</i>—All actions under the Act must be -commenced within six months of the discovery of the offence -sued on.</p> - -<p><i>Copying for Private Use.</i>—Either making or importing a single -copy for private use would technically be an infringement. The -prohibition is not limited to making or importing for sale, hire, -exhibition, or distribution, as in the case of paintings, &c., under -25 & 26 Vict. c. 68, sec. 6.</p> - -<p><b>What is a Piratical Copy.</b>—A pirated copy may be "produced -by moulding or copying from or imitating in any way -any of the matters or things put forth or published under the -protection of the Act ... to the detriment, damage, or loss of -the proprietor."<a id="FNanchor_909" href="#Footnote_909" class="fnanchor">[909]</a></p> - -<p>The prohibition is against "imitating in any way." This -prohibition does not seem so wide as that in 25 & 26 Vict. -c. 68, which prohibits the multiplication of a painting or drawing -or the design thereof. It is more similar to the prohibition -in the Engraving Act 8 Geo. II. c. 13, viz., against engraving, -&c., "or in any manner copying" a copyright print. It seems -therefore to be open to question as with engravings whether a -piece of sculpture can be infringed except by some work of art -<span class="pagenum" id="Page_166">[166]</span> -which reproduces the peculiar art of the sculptor. Would a -piece of sculpture be infringed by a picture, sketch, or engraving -copying the design of the work?</p> - -<p>Licence would be a defence, and it probably does not require -to be in writing. There is nothing in the Act from which the -necessity for a licence to be in writing could be implied. -<span class="pagenum" id="Page_167">[167]</span></p> - -<hr class="chap" /> -<h2>CHAPTER VIII<br /> - -COPYRIGHT IN PAINTINGS, DRAWINGS, AND -PHOTOGRAPHS</h2> - -<h3><span class="smcap">Section I.—What Works are Protected.</span></h3> - -<p>The following works are protected under the Fine Arts Copyright -Act, 1862:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Every original painting, drawing, and photograph:<a id="FNanchor_910" href="#Footnote_910" class="fnanchor">[910]</a></span> -<span class="i0">2. Not first published outside the British Dominions:<a id="FNanchor_911" href="#Footnote_911" class="fnanchor">[911]</a></span> -<span class="i0">3. The "author" of which is a British subject, or is resident -within the dominions of the crown [when the -work is made]:<a id="FNanchor_912" href="#Footnote_912" class="fnanchor">[912]</a></span> -<span class="i0">4. Which has been registered before infringement:<a id="FNanchor_913" href="#Footnote_913" class="fnanchor">[913]</a></span> -<span class="i0">5. And is innocent.<a id="FNanchor_914" href="#Footnote_914" class="fnanchor">[914]</a></span> -</div></div> - -<p>Protection vests at the date of making, and endures for the -author's life and seven years.<a id="FNanchor_915" href="#Footnote_915" class="fnanchor">[915]</a></p> - -<p>Protection is limited to the United Kingdom.<a id="FNanchor_916" href="#Footnote_916" class="fnanchor">[916]</a></p> - -<p><b>Every Original Painting, Drawing, and Photograph.</b>—There -is no attempt to define what is a painting, drawing, or photograph -within the meaning of the Act.<a id="FNanchor_917" href="#Footnote_917" class="fnanchor">[917]</a> The substances used in the -making are no doubt immaterial, so long as the result is <i>ejusdem -generis</i> with what is ordinarily meant by a picture, drawing, or -photograph. A painting on the wall of a house would doubtless -be protected, but not a design created by grouping figures in a -<i>tableau vivant</i>.<a id="FNanchor_918" href="#Footnote_918" class="fnanchor">[918]</a></p> - -<p><i>Originality</i> as an essential of protection means that there -must be something either in the design or execution of the work -which is not merely copied from some other artistic work. The -whole work need not be original. Thus the execution may be -original but not the design, as in the case of a photograph of an -<span class="pagenum" id="Page_168">[168]</span> -old picture;<a id="FNanchor_919" href="#Footnote_919" class="fnanchor">[919]</a> or part only of the design may be original, as in -the case of the design of an old drawing added to or altered. In -so far as the work is new there will be protection, but in so far -as it is old there will be no protection.<a id="FNanchor_920" href="#Footnote_920" class="fnanchor">[920]</a></p> - -<p><i>Artistic Merit.</i>—The Court will not inquire as to whether a -painting, drawing, or photograph is good, bad, or indifferent. -If it consists in the representation of some object by means of -light and shade or colour, it will suffice, and even the coarsest or -the most commonplace, or the most mechanical representation -of the commonest object would be protected so that an exact -reproduction of it, such as photography, for instance, would produce, -would be an infringement of copyright.<a id="FNanchor_921" href="#Footnote_921" class="fnanchor">[921]</a> Probably there -must be a representation of some concrete object, real or imaginary. -Protection, for instance, was refused to a label for Eau de -Cologne,<a id="FNanchor_922" href="#Footnote_922" class="fnanchor">[922]</a> which merely bore the legend "Johanna Maria Farina -gegenüber dem Julichs Platz," written in copperplate with -sundry dots and flourishes. It was held that any one who had a -right to sell Farina's Eau de Cologne might manufacture and -use the label, since although the label was a trade mark there -was no copyright in it. A label with anything in the nature of -a picture on it would undoubtedly be copyright, as the use to -which a work of art is put is immaterial, but it is doubtful -whether a label containing merely geometrical figures and fancy -dots and lines would be protected under the Act of 1862. Probably -it would not.</p> - -<p><b>Publication outside the British Dominions.</b>—Copyright in -works of art under the Act of 1862 begins on the making thereof, -and is not dependent on publication. It is immaterial where -the work is made, whether in the British dominions or elsewhere, -and it would be as immaterial where it was first published, -or whether it was published or not, but for the provision -of the International Copyright Act, 1844. Section 19 of this Act -provides that the maker of a work of art which shall be first -published out of the British dominions shall not have copyright -<span class="pagenum" id="Page_169">[169]</span> -therein otherwise than such as he may become entitled to under -the International Acts; which means that where there is no -treaty a work first published abroad is not protected at all. The -result of this section was evidently not contemplated when the -Fine Arts Act, 1862, was framed. There seems to be no doubt -that the work, wherever made, will acquire copyright immediately -on the making, but that that copyright may be lost if the -work is published abroad before it is published in the British -dominions.</p> - -<p><i>Published</i>.—A painting, drawing, or photograph is probably -published when it is so exhibited as to give the public an -opportunity of viewing it. The leading case on publication of -works of art is <i>Turner</i> v. <i>Robinson</i><a id="FNanchor_923" href="#Footnote_923" class="fnanchor">[923]</a> in the Court of Chancery in -Ireland. This case was decided before 1862, and therefore -before there was any statutory copyright in paintings. The -subject-matter was a painting from which certain stereoscopic -views had been taken without the proprietor's consent. The -painting had been previously, with the consent of the proprietor, -published in the form of an engraving in a magazine, and exhibited -at the Royal Academy in London and in Manchester. It -was then exhibited with the proprietor's consent in Dublin for -the purpose of obtaining contributors to a proposed engraving, -and while so exhibited the defendant, without consent, copied -it and produced his stereoscopic photographs. The Master of -the Rolls<a id="FNanchor_924" href="#Footnote_924" class="fnanchor">[924]</a> thought that the picture had never been published, -because the exhibitions to the public in the Academies and in -Dublin were on the condition that no copies should be taken, -and the engraving in the magazine was not a publication of the -picture, but only of a rough representation of it. He therefore -held that the common law right in the picture had not been lost -by publication, and that the proprietor could recover against -the taker of the stereoscopic views as against an infringer of -common law rights. The Court of Appeal in Chancery upheld -the judgment of the Master of the Rolls, but on different -grounds. They said it was unnecessary to decide whether -there had been publication in London and Manchester since, -in their opinion, the act of the defendant in taking stereoscopic -<span class="pagenum" id="Page_170">[170]</span> -views from the painting was a breach of faith. He was admitted -to the view in Dublin for one purpose only, <i>i. e.</i> to -become if he wished a subscriber to an engraving; but he -abused his privilege by taking a copy of the painting which -might well compete with the plaintiff's proposed engraving. -The defendant was, therefore, restrained on the ground of -breach of faith or implied contract. In his judgment the Lord -Chancellor disapproved of the view of the Master of the Rolls -that there had been no publication in London or Manchester. -He thought exhibition in the Academy, even although to a -certain extent conditional, would be sufficient publication to -vest the copyright, <i>e. g.</i> in a work of sculpture under the -statutes applicable to such works. Exhibition in a public -gallery, therefore, would be publication, but not a private view -in the artist's studio to which only a small and selected portion -of the public are invited. Whether the publication of a print -would be publication of the picture from which it was taken, -<i>quære</i>; the Master of the Rolls thought not, and on this point -the Court of Appeal neither approved nor disapproved.</p> - -<p><b>Nationality or Residence of Artist</b>.—The protection of the -Act is expressly limited to the works of British subjects and of -such foreigners as are resident within the dominions of the -Crown.<a id="FNanchor_925" href="#Footnote_925" class="fnanchor">[925]</a> There is no direction in the statute as to the time -when the author must possess the requisite nationality or -residence. Must it be at the time of making or at the time -of publishing, or both? It is submitted that it must be at the -time of making, since copyright in the work vests at that time, -and there may never be publication at all. There seems to be -no reason for suggesting that the date to be looked at is the date -of publication, except that the next words in the section provide -that the work may be made anywhere, and the proviso as to the -residence of the author, if applied at the date of making, means -that—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. A work by a British subject may be made anywhere; but,</span> -<span class="i0">2. A work by an alien must be made within the dominions of the Crown.</span> -</div></div> - -<p><span class="pagenum" id="Page_171">[171]</span> -There does not seem to be anything absurdly contradictory in -this, and there is, on the other hand, a patent absurdity in not -being able to determine whether the author is an author within -the Act until long after the right has begun to run.</p> - -<p><b>Registration.</b>—A condition precedent to protection is registration -in the book kept at the Hall of the Stationers' Company.</p> - -<p><i>The Requisite Entry.</i>—There must be registered:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Name and place of abode of the "author."</span> -<span class="i0">2. Name and place of abode of the proprietor.</span> -<span class="i0">3. Short description of the nature and subject of the -work.</span> -<span class="i2">And if desired,</span> -<span class="i0">4. A sketch outline or photograph of the work.</span> -</div></div> - -<p>The wording of section 4 of the Act of 1862 providing for -compulsory registration is very confused, the requirements on -first registration being unaccountably mixed up with the requirements -on subsequent assignment.</p> - -<p>On first registration whenever it takes place it is submitted -that the particulars entered should be as above.<a id="FNanchor_926" href="#Footnote_926" class="fnanchor">[926]</a> The author -and proprietor may very likely be the same individual, in which -case the one name will be entered twice, once under each -description. It would probably not be sufficient merely to -enter the author's name once as author and leave it to be -implied that he is the owner. Even if the author and proprietor -are different persons, either because the author has -been employed for valuable consideration or because he has -granted an assignment, the particulars to be entered on first -registration are the same, no entry of the terms of employment -or assignment being necessary.<a id="FNanchor_927" href="#Footnote_927" class="fnanchor">[927]</a> The real proprietor must be on -the register, and if the wrong person is registered as proprietor -it will not give a cause of action to join such person as co-plaintiff -with the real proprietor who is not on the register.<a id="FNanchor_928" href="#Footnote_928" class="fnanchor">[928]</a></p> - -<p>As in the Literary Copyright Act, copyright in the work -exists before registration, but no action is maintainable without -registration, and under this Act even after registration -<span class="pagenum" id="Page_172">[172]</span> -there is no remedy in respect of infringement committed before -registration.<a id="FNanchor_929" href="#Footnote_929" class="fnanchor">[929]</a></p> - -<p>It need hardly be said that the necessity of registration only -applies to an action on copyright proper, and an action will -without registration lie on breach of contract, express or -implied,<a id="FNanchor_930" href="#Footnote_930" class="fnanchor">[930]</a> and probably on the common law right of an author -and his assigns in unpublished work.<a id="FNanchor_931" href="#Footnote_931" class="fnanchor">[931]</a></p> - -<p>If an unauthorised copy is made before the proprietor is -registered but sold afterwards, an action for damages will lie -for the offence of selling such copies, but no action for penalties.<a id="FNanchor_932" href="#Footnote_932" class="fnanchor">[932]</a> -No action at all will lie for making.<a id="FNanchor_933" href="#Footnote_933" class="fnanchor">[933]</a></p> - -<p>If an action is brought by an assignee, such assignee must -be on the register as proprietor,<a id="FNanchor_934" href="#Footnote_934" class="fnanchor">[934]</a> and it will not avail to join -as co-plaintiff an unregistered assignee with the assignor who -although registered has parted with the copyright.<a id="FNanchor_935" href="#Footnote_935" class="fnanchor">[935]</a> An assignee -taking from a registered assignor probably cannot sue in respect -of acts of infringement committed before the registration of the -assignment.<a id="FNanchor_936" href="#Footnote_936" class="fnanchor">[936]</a> It is not necessary that the original proprietor, -whether author or employer, should have been registered,<a id="FNanchor_937" href="#Footnote_937" class="fnanchor">[937]</a> but -once registration has been effected it would seem that all future -assignments must be entered on the register.<a id="FNanchor_938" href="#Footnote_938" class="fnanchor">[938]</a></p> - -<p>The registration by an assignee under an assignment, -subsequent to first registration, must contain the following -particulars:<a id="FNanchor_939" href="#Footnote_939" class="fnanchor">[939]</a></p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Date of assignment.</span> -<span class="i0">2. Names of parties to the assignment.</span> -<span class="i0">3. Name and place of abode of the assignee.</span> -<span class="i0">4. Name and place of abode of the author. -<span class="pagenum" id="Page_173">[173]</span></span> -<span class="i0">5. Short description of nature and subject of the work.</span> -<span class="i2">And if desired,</span> -<span class="i0">6. A sketch outline or photograph of the work.</span> -</div></div> - -<p>The enactments of 5 & 6 Vict. c. 45 (the Literary Copyright -Act) as to</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Keeping the Register Book;</span> -<span class="i0">2. Searches and certified copies therefrom;</span> -<span class="i0">3. False entries;</span> -<span class="i0">4. Application to expunge,</span> -</div></div> - -<p>apply <i>mutatis mutandis</i> to registration of paintings, drawings, -and photographs.</p> - -<p>The charge for making an entry is one shilling.</p> - -<p><i>Name.</i>—The trading style of a firm is a sufficient registration -of the name of a proprietor.</p> - -<p><i>Place of Abode.</i>—The place where a man can readily be -found on inquiry is sufficient. A business address is a "place -of abode" within the statute.</p> - -<p><i>Short Description of the Nature and Subject of the Work.</i>—The -title of the work will sometimes be a sufficient description. -The following were held sufficient descriptions of Sir John -Millais' well-known pictures, viz.: "Painting in oil, 'Ordered on -Foreign Service'"; "Painting in oil, 'My First Sermon'"; -"Photograph, 'My Second Sermon.'"<a id="FNanchor_940" href="#Footnote_940" class="fnanchor">[940]</a> Blackburn, J., said:</p> - -<blockquote> - -<p>"It is the object of the legislature that enough be stated to identify -the production, and that the registration must be <i>bonâ fide</i>, that a man -shall not first claim one thing and then sue for another. The description -must be such as shall earmark the subject.... The picture 'Ordered -on Foreign Service' represents an officer who is ordered abroad taking -leave of a lady, and no one can doubt that is the picture intended.... -There may be a few instances in which the mere registration of the name -of the picture is not sufficient: for instance, Sir Edwin Landseer's picture -of a Newfoundland dog might possibly be insufficiently registered under -the description of 'A Distinguished Member of the Humane Society.' -So also of a bullfinch and a couple of squirrels described as 'Piper and -a Pair of Nut-crackers.' ... It would be advisable for a person proposing -to register to add a sketch or outline of the work."<a id="FNanchor_941" href="#Footnote_941" class="fnanchor">[941]</a> -<span class="pagenum" id="Page_174">[174]</span></p></blockquote> - -<p>In the learned judge's opinion deficient description although -it would not be sufficient in itself, may be made sufficient by -the addition of a photograph, sketch, or outline. It would -seem, however, that there must be a description of some kind, -and that a photograph or sketch would not by itself be sufficient.</p> - -<p><b>Immoral Works.</b>—There will be no copyright in profane, -libellous, or indecent<a id="FNanchor_942" href="#Footnote_942" class="fnanchor">[942]</a> works of art.</p> - -<p><b>Duration of Protection.</b>—The copyright under the Fine Arts -Act endures for the term of the natural life of the "author" and -seven years after his death.<a id="FNanchor_943" href="#Footnote_943" class="fnanchor">[943]</a></p> - -<p>Copyright will cease if and when any painting or drawing or -the negative of any photograph is sold by the first owner thereof -without either the express reservation in writing of such copyright -to the vendor signed by the vendee or his agent, or the -express assignment in writing of such copyright to the vendee -signed by the vendor or his agent.<a id="FNanchor_944" href="#Footnote_944" class="fnanchor">[944]</a></p> - -<p>The copyright will also cease (probably) if the work is published -out of the British dominions before publication within -the dominions.<a id="FNanchor_945" href="#Footnote_945" class="fnanchor">[945]</a></p> - -<h3><span class="smcap">Section II.—The Owner of the Copyright.</span></h3> - -<p><b>The Author.</b>—The copyright is given to "the author and his -assigns," except when the work is executed for or on behalf of -any other person for a good or valuable consideration.<a id="FNanchor_946" href="#Footnote_946" class="fnanchor">[946]</a> The -author is the actual artist whose mind has created the work.<a id="FNanchor_947" href="#Footnote_947" class="fnanchor">[947]</a> -The giving of ideas and suggestions to another is not sufficient -to constitute an author,<a id="FNanchor_948" href="#Footnote_948" class="fnanchor">[948]</a> but, on the other hand, there might be -an author who had done little or nothing of the manual work -required in the execution. In <i>Nottage</i> v. <i>Jackson</i> the question of -authorship in works of art was fully discussed. Brett, M. R., -said:<span class="pagenum" id="Page_175">[175]</span> -</p> -<blockquote> - -<p>"The author of a painting is the man who paints it, the author of a -drawing is the man who draws it,... of a photograph the author is the -person who effectively is as near as he can be the cause of the picture which -is produced, that is, the person who has superintended the arrangement, -who has actually formed the picture by putting the people into position -and arranging the place in which the people are to be—the man who is -the effective cause of that. Although he may only have done it by standing -in the room and giving orders about it, still it is his mind and act, as -far as anybody's mind and act are concerned, which is the effective cause -of the picture such as it is when it is produced."</p></blockquote> - -<p>Cotton, L. J., in the same case, said:</p> - -<blockquote> - -<p>"In my opinion 'author' involves originating, making, producing, as -the inventive or master mind, the thing which is to be protected, whether -it be a drawing or a painting or a photograph.... It is not the person -who suggests the idea but the person who makes the painting or drawing -who is the author."</p></blockquote> - -<p><b>The Employer.</b>—When an artistic work, protected by 25 & 26 -Vict. c. 68, is executed by the author for or on behalf of any -other person for a good or valuable consideration, the copyright -vests in the employer and his assigns, unless it be expressly -reserved to the author by agreement in writing signed by the -employer.<a id="FNanchor_949" href="#Footnote_949" class="fnanchor">[949]</a> This provision applies to the everyday case of a -person employing and paying a painter or photographer to take -his portrait. The copyright vests in the customer.<a id="FNanchor_950" href="#Footnote_950" class="fnanchor">[950]</a> The case, -however, is not always so simple. Difficult questions arise -where the artist, usually a photographer, requests the sitter, -probably an actress or athlete, to allow his portrait to be taken -on the understanding that the artist may publish and sell copies.<a id="FNanchor_951" href="#Footnote_951" class="fnanchor">[951]</a> -The sitter probably receives free copies or copies at a reduced -price. The difficulties to be solved are purely questions of fact -in each case, viz.:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Was the portrait taken for or on behalf of some person -other than the artist?</span> -<span class="i0">2. Did the artist receive good and valuable consideration?</span> -</div></div> - -<p>As a rule, where a photographer invites celebrities to sit for him,<span class="pagenum" id="Page_176">[176]</span> -the understanding will be that the portrait is taken on the photographer's -behalf;<a id="FNanchor_952" href="#Footnote_952" class="fnanchor">[952]</a> but at the same interview some plates might -be taken on behalf of the photographer and some on behalf of -the sitter.<a id="FNanchor_953" href="#Footnote_953" class="fnanchor">[953]</a> The valuable consideration received by the photographer -need not be a money payment, but may consist merely -in the right given to him to publish and sell copies.<a id="FNanchor_954" href="#Footnote_954" class="fnanchor">[954]</a></p> - -<p>When a managing director of a company employed A to -make drawings for a trade catalogue, the letterpress of which he -wrote himself, it was held that he was acting merely as agent for -the company, and that as the drawings were made not on his -behalf but on behalf of the company he was not the proprietor.<a id="FNanchor_955" href="#Footnote_955" class="fnanchor">[955]</a></p> - -<p><b>The Assignee.</b>—Assignment is required to be by some note -or memorandum in writing signed by the proprietor of the -copyright or his agent appointed for that purpose in writing.<a id="FNanchor_956" href="#Footnote_956" class="fnanchor">[956]</a> -Registration is not necessary to effect assignment,<a id="FNanchor_957" href="#Footnote_957" class="fnanchor">[957]</a> although the -assignee must be registered before he can sue.<a id="FNanchor_958" href="#Footnote_958" class="fnanchor">[958]</a></p> - -<p>No particular words are required in an assignment,<a id="FNanchor_959" href="#Footnote_959" class="fnanchor">[959]</a> but there -must be a present grant and not only an executory contract.<a id="FNanchor_960" href="#Footnote_960" class="fnanchor">[960]</a></p> - -<p><i>Partial Assignment.</i>—It is doubtful whether a copyright can -be partially assigned, either limited as to a copying of a particular -kind or limited as to place or time.<a id="FNanchor_961" href="#Footnote_961" class="fnanchor">[961]</a> What is called by the -parties an assignment may only amount to a licence. In <i>Lucas</i> -v. <i>Cooke</i><a id="FNanchor_962" href="#Footnote_962" class="fnanchor">[962]</a> the proprietor of the copyright in a picture granted the -following document to an engraver: "I assign to you for the -purposes of an engraving of one size the copyright of the picture -painted by Mr. E. V. Eddie, entitled "Going to Work," and being -a portrait of my daughter." Fry, J., said:</p> - -<blockquote> - -<p>"The result of this instrument in my view was that after the preparation -of the engraving and the registration, Mr. Lucas (the engraver) -<span class="pagenum" id="Page_177">[177]</span> -became the owner of the copyright of the print or engraving, and Mr. -Halford remained the owner of the copyright of the painting."</p></blockquote> - -<p>It was held that the engraver, in order to succeed against a copyist, -would have to show that the alleged infringement was a -copy of his engraving, another copy of the picture itself was no -infringement of his rights. The transaction was a licence, and -probably a licensee can never sue in his own name. In one -case,<a id="FNanchor_963" href="#Footnote_963" class="fnanchor">[963]</a> however, Mathew, J., held that a sole licensee for a -limited time could sue, and did not require to be registered. -The plaintiff had acquired from the proprietor of the copyright -in a picture the sole right to reproduce it in chromo for -two years. The defendants also produced a chromo of the -picture taken directly from the picture and not from the plaintiff's -chromo. Mathew, J., held that the plaintiff, as sole licensee, -was entitled to prevent any one infringing his right, and that -being a licensee and not an assignee, his name was not -required to be on the register. This is a very doubtful -decision.</p> - -<h3><span class="smcap">Section III.—Infringement.</span></h3> - -<p><b>Prohibited Acts and Remedies.</b>—The right given is "the sole -and exclusive right of copying, engraving, reproducing, and -multiplying a painting or drawing and the design thereof, or -a photograph and the negative thereof by any means and of -any size."<a id="FNanchor_964" href="#Footnote_964" class="fnanchor">[964]</a></p> - -<p>It is an offence for the author having parted with the copyright, -or for any other person not being the proprietor<a id="FNanchor_965" href="#Footnote_965" class="fnanchor">[965]</a>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. To repeat, copy, colourably imitate or otherwise -multiply for sale, hire, exhibition, or distribution.</span> -<span class="i0">2. Knowingly to import into the United Kingdom, or sell, -publish, let to hire, exhibit, or distribute, or offer -for sale, hire, exhibition, or distribution any copy -unlawfully made.</span> -</div></div> -<p><span class="pagenum" id="Page_178">[178]</span></p> - -<p>And for any of the above offences an action lies at the -instance of the proprietor for<a id="FNanchor_966" href="#Footnote_966" class="fnanchor">[966]</a>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> Sum not exceeding £10 on each copy made or dealt -with.<a id="FNanchor_967" href="#Footnote_967" class="fnanchor">[967]</a></span> -<span class="i0"><span class="rgt">ii.</span> Forfeiture of copies to the proprietor.<a id="FNanchor_968" href="#Footnote_968" class="fnanchor">[968]</a></span> -<span class="i0"><span class="rgt">iii.</span> Inspection and account.<a id="FNanchor_969" href="#Footnote_969" class="fnanchor">[969]</a></span> -<span class="i0"><span class="rgt">iv.</span> Damages.<a id="FNanchor_970" href="#Footnote_970" class="fnanchor">[970]</a></span> -<span class="i0"><span class="rgt">v.</span> Injunction.<a id="FNanchor_971" href="#Footnote_971" class="fnanchor">[971]</a></span> -</div></div> - -<p>Penalties and forfeiture of copies may also be obtained by -summary proceedings before any two justices having jurisdiction -where the party offending resides.<a id="FNanchor_972" href="#Footnote_972" class="fnanchor">[972]</a></p> - -<p>It is further an offence—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">3. Innocently to import or sell, publish, let to hire, exhibit, -or distribute, or offer for sale, hire, exhibition, -or distribution any copy made without the -owner's consent.</span> -</div></div> - -<p>For any of which an action lies at the instance of the proprietor -of the copyright for<a id="FNanchor_973" href="#Footnote_973" class="fnanchor">[973]</a>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> Damages.</span> -<span class="i0"><span class="rgt">ii.</span> Delivery up of copies,</span> -<span class="i0"><span class="rgt">iii.</span> Inspection and account.<a id="FNanchor_974" href="#Footnote_974" class="fnanchor">[974]</a></span> -<span class="i0"><span class="rgt">iv.</span> Injunction.<a id="FNanchor_975" href="#Footnote_975" class="fnanchor">[975]</a></span> -</div></div> - -<p>In addition to sections 6 and 11, where importing is treated -as an infringement involving penalties and damages, section 10 -contains a direct prohibition against importing copies "made -contrary to the provisions of the Act," and on the declaration -of the proprietor such copies may be detained by the officers -of Customs.<a id="FNanchor_976" href="#Footnote_976" class="fnanchor">[976]</a></p> - -<p><i>Cause or Procure.</i>—It is equally an offence to "cause or procure" -any of the above acts.<a id="FNanchor_977" href="#Footnote_977" class="fnanchor">[977]</a> It may be sometimes difficult to -determine whether a person has "caused or procured" within -<span class="pagenum" id="Page_179">[179]</span> -the meaning of the section. In <i>Bolton</i> v. <i>London Exhibitions</i><a id="FNanchor_978" href="#Footnote_978" class="fnanchor">[978]</a> -the defendants ordered a poster for the advertisement of their -exhibition at Earl's Court; they gave the lithographer a general -idea of what was wanted, and told him to do his best. The -lithographer, in preparing the poster, infringed the copyright -in the plaintiff's photograph of a lion. It was held that as the -defendants did not authorise the reproduction of the plaintiff's -lion they had not "caused or procured" the infringement complained -of; the action against them was therefore dismissed, but -without costs, as they should have exercised more care in the -matter.</p> - -<p><i>Innocent Agent.</i>—If a publisher procures a printer to strike -off copies of an infringement, the printer is liable even although -he is entirely innocent. It was argued in <i>Baschet</i> v. <i>London -Illustrated</i><a id="FNanchor_979" href="#Footnote_979" class="fnanchor">[979]</a> that the printer was only liable if he printed for his -own use, and that if another caused or procured him to print, it -was only the person causing or procuring who was liable. It -was held that both the employers and employees were liable for -the same offence.</p> - -<p><i>Unlawful Copy.</i>—If a copy is made in a foreign country in -which the proprietor's copyright is not protected, such copy is -not a copy "unlawfully made," and therefore no penalties will -attach under section 6 for knowingly importing or selling such -copy;<a id="FNanchor_980" href="#Footnote_980" class="fnanchor">[980]</a> but under section 11 damages may be sued for, since -under that section it is an offence to import or sell copies made -without consent, and delivery up may be claimed under the -same section, because such copies when offered for sale become -unlawful copies although not unlawfully made.<a id="FNanchor_981" href="#Footnote_981" class="fnanchor">[981]</a> The same distinction -applies to selling or importing copies made before registration, -such copies not being "unlawfully made."<a id="FNanchor_982" href="#Footnote_982" class="fnanchor">[982]</a></p> - -<p><i>Separate Offence.</i>—Each piratical copy made or dealt with, and -not only each transaction, is an offence under section 6, and involves -a separate penalty.<a id="FNanchor_983" href="#Footnote_983" class="fnanchor">[983]</a> Blackburn, J., says in <i>ex parte Beal</i>:<a id="FNanchor_984" href="#Footnote_984" class="fnanchor">[984]</a></p> - -<blockquote> - -<p>"It would be a monstrous absurdity if a man might import a cargo of -<span class="pagenum" id="Page_180">[180]</span> -pirated works from France and £10 be the utmost penalty that could be -imposed. Such a state of the law would render it worth a man's while to -do wrong."<a id="FNanchor_985" href="#Footnote_985" class="fnanchor">[985]</a></p></blockquote> - -<p>It was held in several cases<a id="FNanchor_986" href="#Footnote_986" class="fnanchor">[986]</a> that as <sup>1</sup>/<sub>4</sub>d. was the smallest coin -of the realm, the minimum penalty must be <sup>1</sup>/<sub>4</sub>d. for each copy. -This has now been overruled in the Court of Appeal in <i>Hildesheimer</i> -v. <i>Faulkner</i>,<a id="FNanchor_987" href="#Footnote_987" class="fnanchor">[987]</a> and a fraction of <sup>1</sup>/<sub>4</sub>d. can be assessed as the -penalty.</p> - -<p><i>Copying for Private Use</i> will probably not be actionable, since -the offence is to copy, &c., for sale, hire, exhibition, or distribution.<a id="FNanchor_988" href="#Footnote_988" class="fnanchor">[988]</a> -Gratuitous distribution would, however, be actionable.</p> - -<p><i>Action on Breach of Contract.</i>—Although no action may lie for -infringement, either because the party aggrieved has no copyright -or is not duly registered, there may be a remedy for breach -of contract express or implied. Thus if A contract to make -copies of B's drawing, even although B has no copyright therein, -it is a breach of contract for A to make any copies other than -for the use of B.<a id="FNanchor_989" href="#Footnote_989" class="fnanchor">[989]</a> And again, a photographer who has been -employed by a customer to take his portrait is not justified in -striking off copies of such photograph for his own use, or selling -or exhibiting them by way of advertisement or otherwise, without -the authority of such customer express or implied, and even -although the customer is not registered as proprietor of the -photograph.<a id="FNanchor_990" href="#Footnote_990" class="fnanchor">[990]</a></p> - -<p><i>Fraudulent Acts</i>.—The following acts if committed fraudulently -are rendered penal by the Act:<a id="FNanchor_991" href="#Footnote_991" class="fnanchor">[991]</a></p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. To affix any name, initials, or monogram on any -work.<a id="FNanchor_992" href="#Footnote_992" class="fnanchor">[992]</a></span> -<span class="i0">2. To sell, exhibit, &c., a work bearing false name, initials, -or monogram.</span> -<span class="pagenum" id="Page_181">[181]</span> -<span class="i0">3. To represent a copy as the work of an original -"author."</span> -<span class="i0">4. To sell or publish an altered work as the unaltered -work of an original "author."</span> -</div></div> - -<p>For any of these fraudulent acts the person aggrieved may -recover by action<a id="FNanchor_993" href="#Footnote_993" class="fnanchor">[993]</a>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> Sum not exceeding £10 or double the full value of -the fraudulent works.</span> -<span class="i0"><span class="rgt">ii.</span> Delivery up of the fraudulent works.</span> -<span class="i0"><span class="rgt">ii.</span> Injunction.</span> -</div></div> - -<p>But such penalties will not be incurred if the person whose -name or work has been fraudulently dealt with has been dead for -more than twenty years.</p> - -<p><i>Limitation of Action.</i>—There is no special limit fixed by the -Act of 1862, and therefore the remedy on an offence within the -statute will not be barred for six years.<a id="FNanchor_994" href="#Footnote_994" class="fnanchor">[994]</a></p> - -<p><i>Evidence.</i>—In any action for the infringement of copyright in -a picture, it will be sufficient to produce in evidence an authenticated -copy of the picture, <i>e. g.</i> a photograph with the oral -evidence of the photographer.<a id="FNanchor_995" href="#Footnote_995" class="fnanchor">[995]</a></p> - -<p><b>What is a Piratical Copy.</b>—<i>No Monopoly.</i>—There can be no -monopoly of the subject-matter of a painting, drawing, or photograph. -Another artist may independently represent the same -scene or object as that represented in a copyright work.<a id="FNanchor_996" href="#Footnote_996" class="fnanchor">[996]</a></p> - -<p><i>What is a Copy.</i>—A piratical copy need not necessarily be an -artistic work of the same kind as the work pirated. Thus an -oil painting is infringed by a photograph of it,<a id="FNanchor_997" href="#Footnote_997" class="fnanchor">[997]</a> and a photograph -may be infringed by a pencil sketch.<a id="FNanchor_998" href="#Footnote_998" class="fnanchor">[998]</a> An infringement -may consist of either a taking of the design or a taking of -the method of execution, or both. Thus an infringement need -not even be a kind of work which would be protected by this -Act. Although there is no direct authority, it is clear from -section 2, which gives the exclusive right to the design of the -work protected, that an engraving would be an infringement -<span class="pagenum" id="Page_182">[182]</span> -of a painting, drawing, or photograph, and so perhaps might a -piece of sculpture.<a id="FNanchor_999" href="#Footnote_999" class="fnanchor">[999]</a> Then again the design may not be copyright, -for instance, in the case of a photograph of a non-copyright -picture, and yet it would be an infringement to take a -photograph of such a photograph. That would be a taking of -the method of execution.<a id="FNanchor_1000" href="#Footnote_1000" class="fnanchor">[1000]</a></p> - -<p>The infringement must be an artistic work of some kind, <i>i. e.</i> -such a work that would be protected if not under the Act of 1862, -under the Engraving Acts or Sculpture Act. In <i>Hanfstaengl</i> v. -<i>Empire Palace</i><a id="FNanchor_1001" href="#Footnote_1001" class="fnanchor">[1001]</a> the Court held that the grouping of people on a -stage so as to form <i>tableaux vivants</i> was not an infringement -in the copyright of a picture thus represented. Kay, L. J., in -his judgment, said:</p> - -<blockquote> - -<p>"Could it possibly have been said the <i>tableaux vivants</i> were pictures -within the sense of this Act, and does not a reproduction mean something -in which, if the original author of the painting had himself produced it, he -might have had copyright."</p></blockquote> - -<p><i>General Idea may be Taken.</i>—It is not an infringement to -take merely the general idea of subject-matter and treatment -from a copyright work of art. In <i>Hanfstaengl</i> v. <i>Baines</i>,<a id="FNanchor_1002" href="#Footnote_1002" class="fnanchor">[1002]</a> the -<i>tableaux vivants</i> which were the subject of the last case cited -were sketched and reproduced in the <i>Daily Graphic</i>. It was -contended that these sketches infringed the copyright in -the pictures from which the <i>tableaux vivants</i> were taken. -The House of Lords, affirming the judgment of the Court of -Appeal, held that they did not. Lord Herschell, L. C., in giving -judgment, pointed out that the essence of the design varied -according to the nature of the picture. Sometimes it might be -principally in the grouping of the figures, sometimes in the -pose and countenances. Referring to one of the sketches complained -of, he said:</p> - -<blockquote> - -<p>"There is no doubt a resemblance between the sketch and the photograph -from the painting. In each case a young man and a young woman -<span class="pagenum" id="Page_183">[183]</span> -are standing beside one another close to a stile or fence. In each case -the woman is shading her head by a parasol, and the dress of the man is -somewhat similar in the two, but the idea of a young man courting a -young woman at a country stile is of great antiquity. It has often formed -the subject of pictorial representation. This cannot be said to be the -design of the plaintiff's painting within the meaning of the Act. Much -more must be comprehended than this. There can only be a copy of -such design if the treatment of the subject be the same. Now, comparing -the sketch of the photograph from the painting, I do not think this can -be said to be the case. The faces are different, the dress especially in -the case of the woman is different, the pose is different, the attitudes are -different, the backgrounds are different, and in the case of the sketch the -foreground is wanting. In the artistic design all these things play a part, -although I do not say that a variation in one or even more of these -respects would prevent the sketch being a copy of the design. Yet, comparing -the two and considering the design of the painting as a whole, I -cannot avoid the conclusion that the sketch is not a copy of the painting -or of the design thereof, and therefore there has been no infringement."</p></blockquote> - -<p>His lordship concluded by saying that such questions really -depended on the effect produced on the mind by a study of the -picture and of that which is alleged to be a copy of it. In -<i>Guggenheim</i> v. <i>Leng</i><a id="FNanchor_1003" href="#Footnote_1003" class="fnanchor">[1003]</a> the plaintiff was the owner of the copyright -in a photograph of a football team. The defendant, without -authority, made from the photograph rough sketches of the -various individual portraits, and published them in his newspaper. -It was held not to be an infringement.</p> - -<p><i>Material Part.</i>—There is no piracy of an artistic work unless -a material part of the work is taken. What amounts to a material -part must be a question of fact in each case, and it is impossible -to lay down any definite rule. In <i>Moore</i> v. <i>Clarke</i><a id="FNanchor_1004" href="#Footnote_1004" class="fnanchor">[1004]</a> a horse was -taken from a copyright print and inserted in another print among -different surroundings. In the second print the horse appeared -to be going in a different direction, and the jockey on his back -was differently dressed. The judge directed the jury to consider -whether the defendant's engraving was substantially a copy of -the plaintiff's, and the jury came to the conclusion that it was -not. In <i>Brooks</i> v. <i>Religious Tract Society</i><a id="FNanchor_1005" href="#Footnote_1005" class="fnanchor">[1005]</a> a collie dog, identical -in expression, attitude, and position, was, together with a wall in -<span class="pagenum" id="Page_184">[184]</span> -the background and a table, taken from a copyright picture and -inserted in a woodcut. The woodcut differed from the picture -in that the figure of a child was omitted, and in its place two -cats and a tortoise and other details were inserted. Romer, J., -held that there was a piracy:</p> - -<blockquote> - -<p>"It was not only the dog that was taken, but also the feeling and -artistic character of the plaintiff's work.... If a person were to take an -historical picture, and take out of it the principal figure, and reproduce -that figure without the other surroundings, that would be an infringement. -The present case was a stronger case, because the defendants had not -only taken the principal figure of a dog, but copied as well the sentiment -of the picture."</p></blockquote> - -<p><i>Indirect Taking.</i>—It is equally an infringement, although the -copying is indirect.<a id="FNanchor_1006" href="#Footnote_1006" class="fnanchor">[1006]</a> Thus, for instance, the photograph of an -engraving may infringe the copyright of the picture from which -it is taken.<a id="FNanchor_1007" href="#Footnote_1007" class="fnanchor">[1007]</a></p> - -<p><i>Guilty Knowledge.</i>—It is no defence to say that the taking -was an innocent one and unintentional.<a id="FNanchor_1008" href="#Footnote_1008" class="fnanchor">[1008]</a> In the case of a claim -for penalties in respect of importing or selling piratical copies, -knowledge of infringement must necessarily be proved, but in -no other case. But the question of intention cannot always be -wholly disregarded, as it may guide the Court in determining -whether the alleged infringement is a copy or not.<a id="FNanchor_1009" href="#Footnote_1009" class="fnanchor">[1009]</a></p> - -<p><i>Replicas.</i>—It is an infringement of the proprietor's right for -an author who has parted with his copyright to make a replica -of the work; but if he has made replicas before selling his copyright -it would be no infringement to sell these replicas. <i>Quære</i> -whether it would be an infringement after selling his copyright -in the original work to take photographs or engravings of the -replicas; probably it would.</p> - -<p><i>Licence a Defence.</i>—Licence must be in writing, signed by the -proprietor of copyright or by his agent authorised in writing;<a id="FNanchor_1010" href="#Footnote_1010" class="fnanchor">[1010]</a> -but probably an oral consent would be a good defence.<a id="FNanchor_1011" href="#Footnote_1011" class="fnanchor">[1011]</a><span class="pagenum" id="Page_185">[185]</span> -</p> -<p>An assignee is not bound by a licence granted by the assignor -before the assignment, unless he has notice of it.<a id="FNanchor_1012" href="#Footnote_1012" class="fnanchor">[1012]</a></p> - -<p>The licensee will be kept strictly within the limits of his -licence. When a licence was granted to reproduce a photograph -in one magazine, it was held an infringement of copyright to reproduce -it in another, and the contention that there was a custom -in the publishing trade allowing this to be done on tender of -payment was characterised as ridiculous.<a id="FNanchor_1013" href="#Footnote_1013" class="fnanchor">[1013]</a><span class="pagenum" id="Page_186">[186]</span> -</p> - -<hr class="chap" /> -<h2>CHAPTER IX<br /> - -COLONIAL COPYRIGHT</h2> - -<p>Every British Possession has the power to legislate independently -as regards the protection within its own territory of -literary or artistic works first produced therein.<a id="FNanchor_1014" href="#Footnote_1014" class="fnanchor">[1014]</a> In respect of -such works they may either limit or extend the protection -afforded by the Imperial Acts. Most of our larger colonies have -local Acts.<a id="FNanchor_1015" href="#Footnote_1015" class="fnanchor">[1015]</a> Some of the colonies<a id="FNanchor_1016" href="#Footnote_1016" class="fnanchor">[1016]</a> have, for instance, created a -copyright in the news contained in foreign telegrams, a monopoly -unknown under the Imperial Acts. It is not proposed here to -deal with the colonial local Acts. They are of interest only in -the various colonies themselves. This chapter will be restricted -to the rights of a work published in one part of the British -dominions to receive protection in any other part of the British -dominions. This is controlled by the Imperial Copyright -Acts, which extend since 1886 to every British Possession, and -protect works published anywhere therein apart from any local -legislation.</p> - -<p><b>Books.</b>—Before 1886, the Copyright Act, 1842, although it -applied to the whole of the British dominions, only protected -those books which were first published in the United Kingdom. -A book, therefore, published first, say in Canada or Australia, -received no copyright protection except by local legislation, if -any, within the territory of the particular colony where it was -first published.</p> - -<p>A book first published in the United Kingdom was protected -in every British colony, not only against copying but against -<span class="pagenum" id="Page_187">[187]</span> -the importation of reprints. The smaller and poorer colonies -found this a considerable grievance. They alleged that they -were unable to afford the price of English books, and that -as they were prohibited from importing foreign reprints and -had little or no contemporary literature of their own, they -were reduced to reading the classics or nothing at all. The -Colonial Copyright Act, 1847,<a id="FNanchor_1017" href="#Footnote_1017" class="fnanchor">[1017]</a> was passed to give them relief. -It enacts that when reasonable protection to the British author -shall be provided in any British possession by the legislature -of such possession, Her Majesty may, by Order in Council, -declare that so long as such protecting provision shall be in -force all Acts prohibiting the importation or sale or hire of -foreign copies shall be in respect of such possession suspended. -Altogether twenty colonies<a id="FNanchor_1018" href="#Footnote_1018" class="fnanchor">[1018]</a> have taken advantage of this Act. -It has been found, however, that the protecting provisions are of -little value, and that the duties which are supposed to be levied -on foreign reprints for the benefit of the British author are -continually evaded, and the colonies under the Foreign Reprints -Act are overrun with foreign reprints of popular books which, -coming in practically free of duty, make the authors' copyright -in such colonies absolutely valueless.</p> - -<p>Books first published in the colonies received Imperial -protection in 1886, when the International Copyright Act<a id="FNanchor_1019" href="#Footnote_1019" class="fnanchor">[1019]</a> of -that year was passed. It enacts that the Copyright Acts shall -apply to a literary or artistic work first produced in a British -Possession in like manner as they apply to a work first produced -in the United Kingdom,<a id="FNanchor_1020" href="#Footnote_1020" class="fnanchor">[1020]</a> with a proviso, firstly, that the enactments -as to registration shall not apply if the law of the Possession -in question provides for registration; and, secondly, that no -delivery of copies shall be required. There is also a provision -<span class="pagenum" id="Page_188">[188]</span> -for evidence of colonial copyright by certified extract from the -colonial register.</p> - -<p><i>Canada</i> came under the Foreign Reprints Act, and, as a -result, was so inundated with cheap reprints from the United -States that the Canadian publishers, in 1875, obtained a local -Act for their protection.<a id="FNanchor_1021" href="#Footnote_1021" class="fnanchor">[1021]</a> This Act enacts that works of which -the copyright has been granted and is subsisting in the United -Kingdom, and copyright of which is not secured or subsisting -in Canada under any Canadian or provincial Act, shall, upon -being printed and published or reprinted and republished in -Canada, be entitled to copyright under the Canadian Act.<a id="FNanchor_1022" href="#Footnote_1022" class="fnanchor">[1022]</a> It -prohibits <i>inter alia</i> copying and importation of foreign copies, -but nothing in the Act is to be held to prohibit the importation -from the United Kingdom of copies of such works legally printed -there. The Canadian Act is confirmed by an Imperial Act, the -Canada Copyright Act, 1875,<a id="FNanchor_1023" href="#Footnote_1023" class="fnanchor">[1023]</a> and this enacts that the Canadian -copies of a British book may not be imported into the United -Kingdom without the author's consent.</p> - -<p>Although Canada came under the Foreign Reprints Act, 1847,<a id="FNanchor_1024" href="#Footnote_1024" class="fnanchor">[1024]</a> -and in accordance therewith imposed duties on foreign reprints -for the benefit of the owner of the copyright, the collection of -those duties has now been abandoned by the Tariff Customs -Act (Canada), 1894,<a id="FNanchor_1025" href="#Footnote_1025" class="fnanchor">[1025]</a> the result of which is that as regards -Canada the provisions of the Imperial Copyright Act, 1842,<a id="FNanchor_1026" href="#Footnote_1026" class="fnanchor">[1026]</a> -section 17, are revived and the importation of foreign copies of -works having an Imperial copyright is again prohibited.<a id="FNanchor_1027" href="#Footnote_1027" class="fnanchor">[1027]</a> The -same result will occur in other colonies which may by statute -abandon their enactments for the collection of authors' -duties.</p> - -<p>The Canadian Legislature has recently passed a Copyright -Act<a id="FNanchor_1028" href="#Footnote_1028" class="fnanchor">[1028]</a> purporting to affect the importation into Canada of books -published under an Imperial Copyright. The Act provides that -if a book has acquired Imperial Copyright by first publication in -the British dominions outside Canada, and a licence has been -<span class="pagenum" id="Page_189">[189]</span> -granted for its reproduction in Canada, the Canadian Minister of -Agriculture may prohibit the importation into Canada of any -copies of such book printed out of Canada and imported without -the licensee's consent.</p> - -<p>I think it is doubtful whether the last-mentioned Act is not -<i>ultra vires</i> of the Canadian Legislature. The Canadians have, -since the British North American Act, 1867, claimed that they -have the exclusive power of legislating in respect of and -regulating copyright within the Dominion of Canada. This -claim, however, has not been recognised in the Canadian courts. -In <i>Smiles</i> v. <i>Belford</i><a id="FNanchor_1029" href="#Footnote_1029" class="fnanchor">[1029]</a> a book was copyrighted in England, but not -under the local Act of 1875 in Canada. An action was brought -by the proprietor to restrain a reprint of the book in Canada. -The defendants pleaded that the book was not protected in -Canada since it was not copyrighted under the local Act. They -argued that the British North American Act, in giving to the -Parliament of Canada "exclusive legislative authority" in certain -matters, including copyrights, excluded the operation of the -Imperial Acts in Canada. They further argued that the confirmation -of the Canadian Copyright Act, 1875, by the Imperial -Parliament impliedly repealed the Imperial Copyright Act of -1842 in so far as it extended to Canada. The Court held that -neither of these arguments was sound. With reference to the -argument on the British North American Act, Burton, J. A., in -the Court of Appeal, said:</p> - -<blockquote> - -<p>"It is clear, I think, that all the Imperial Act intended to effect was -to place the right of dealing with colonial copyright within the Dominion -under the exclusive control of the Parliament of Canada, as distinguished -from the provincial legislatures.... I entirely concur with the learned -Vice-Chancellor in the opinion he has expressed that under that Act no -greater powers were conferred upon the Parliament of the Dominion to -deal with this subject than had been previously enjoyed by the local -legislatures."</p></blockquote> - -<p>As regards the Imperial Act confirming the Canada Copyright -Act, 1875, the Court held that it was passed merely to -resolve doubts which would otherwise have arisen as to whether -the Canada Copyright Act was not repugnant to the provisions -<span class="pagenum" id="Page_190">[190]</span> -of the Foreign Reprints Act, 1847, and the Order in Council -thereunder applicable to Canada. Burton, J. A., said:</p> - -<blockquote> - -<p>"It is scarcely reasonable to suppose that if the Imperial Parliament -had thought fit to accept the Canadian enactment as a substitute for the -5 & 6 Vict. they would not have repealed it so far as it affected Canada -in express terms, or that when stating a reason for Imperial legislation -they would have confined themselves to a reference to the Order in -Council, which dealt only with a portion of the prohibition referred to in -that statute. I am of opinion, therefore, that they have stated the only -reason which rendered it expedient to seek a confirmation of the Provisional -Act, and that it was intended to preserve intact so much of the -Imperial Act as prohibits the printing of a British copyright work in -Canada, but giving to the author a further right on certain conditions of -securing a Canadian copyright and thus preventing the importation into -Canada of foreign reprints."</p></blockquote> - -<p>For some considerable time before the passing of the -Canadian Act of 1900, the Canadians were negotiating for a -clause in the Copyright Bill in this country enabling them to -pass a similar provision to that which they have now passed -without Imperial sanction. A clause was inserted in Lord -Monkswell's Literary Copyright Bill, 1900, proposing to give to -all the colonies such a power of protecting licensees. The -Canadians, however, impatient of the delay in copyright reform -in this country, passed their own Act without waiting to obtain -authority. It would certainly be satisfactory to see it confirmed -by an Imperial statute.</p> - -<p><i>Summary of Provisions in respect of Books.</i>—The result of -the various enactments with reference to the colonies is that, -as regards copying, every book first published in any part of -the British dominions is protected in every other part of the -British dominions. The book must be duly registered either -in the colony or dependency where it is produced, or, if such -colony or dependency does not provide a proper system of -registration, at Stationers' Hall in London. The protection -within the colony in which a book is first produced depends -on local legislation if such overrides the Imperial legislation. -As to importation of copies, the result is not so simple, but it -may be summarised thus:</p> - -<p>If a book has been first published anywhere within the -British dominions, the following prohibitions apply: -<span class="pagenum" id="Page_191">[191]</span></p> - -<p>I. <i>The United Kingdom.</i>—There shall not be imported into, -or sold in, without the consent in writing of the owner of the -copyright—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">Copies printed outside the British dominions.<a id="FNanchor_1030" href="#Footnote_1030" class="fnanchor">[1030]</a></span> -<span class="i0">Copies printed in Canada under the Canadian Act.<a id="FNanchor_1031" href="#Footnote_1031" class="fnanchor">[1031]</a></span> -</div></div> - -<p>II. <i>Canada.</i>—If the book has been printed and published, or -reprinted and republished,<a id="FNanchor_1032" href="#Footnote_1032" class="fnanchor">[1032]</a> and registered in Canada, there shall -not be imported into, or sold in, without the consent in writing -of the owner of the copyright—</p> - -<blockquote> -<p class="hang">Copies printed outside Canada<a id="FNanchor_1033" href="#Footnote_1033" class="fnanchor">[1033]</a> unless legally printed -in the United Kingdom under an Imperial copyright -existing prior to the acquirement of a Canadian local -copyright.<a id="FNanchor_1034" href="#Footnote_1034" class="fnanchor">[1034]</a></p> -</blockquote> - -<p>If a book has acquired Imperial copyright by first publication -within the British dominions outside Canada, and the owner of -the copyright has granted a licence to reproduce it in Canada, -there shall not be imported (if the Minister of Agriculture so -order) without the consent in writing of the Canadian licensee—</p> - -<blockquote> -<p>Copies printed outside Canada.<a id="FNanchor_1035" href="#Footnote_1035" class="fnanchor">[1035]</a></p> -</blockquote> - -<p>In other cases these shall not be imported or sold without -the written consent of the owner of the copyright—</p> - -<blockquote> -<p>Copies printed outside the British dominions.</p> -</blockquote> - -<p>III. <i>Colonies under the Act of 1847 other than Canada.</i>—There -is no prohibition except the nominal import duty on copies -printed outside the British dominions.</p> - -<p>IV. <i>Other Colonies.</i>—There shall not be imported into or sold -in without the consent in writing of the owner of the copyright—</p> - -<blockquote> -<p>Copies printed outside the British dominions.<a id="FNanchor_1036" href="#Footnote_1036" class="fnanchor">[1036]</a></p> -</blockquote> - -<p><b>Artistic Works.</b>—We have seen that since the International -Copyright Act, 1886, there is complete protection throughout -the whole of the British dominions for books first published -anywhere therein. It was evidently intended that artistic works -should be placed on the same footing, but unfortunately the -distinction between the literary and artistic Acts was overlooked.<span class="pagenum" id="Page_192">[192]</span> -The Copyright Act, 1842, protected books published in the -United Kingdom, but expressly extended the protection to the -whole of the British dominions. None of the artistic copyright -Acts extend their protection beyond the United Kingdom. The -Engraving Acts expressly limit their protection to the United -Kingdom;<a id="FNanchor_1037" href="#Footnote_1037" class="fnanchor">[1037]</a> the Paintings, Drawings, and Photographs Act expressly -limits its remedies to the United Kingdom;<a id="FNanchor_1038" href="#Footnote_1038" class="fnanchor">[1038]</a> and the -Sculpture Act is silent as to the extent of its protection.<a id="FNanchor_1039" href="#Footnote_1039" class="fnanchor">[1039]</a> The -result seems to be that although since 1886 all works of art first -published anywhere throughout the British dominions will be -protected by Imperial legislation, that protection extends no -further than the United Kingdom. This has been decided by -a divisional Court in Canada in respect of the Paintings, Drawings, -and Photographs Act, 1862.<a id="FNanchor_1040" href="#Footnote_1040" class="fnanchor">[1040]</a> The decision will apply -<i>a fortiori</i> to engravings. Sculptures may be different, in that -there is no express limit contained in the Sculptures Act; but -probably a limitation of protection to the United Kingdom -will be implied. The result is that artistic works are only -protected in the Colonies and dependencies under local -legislation.<span class="pagenum" id="Page_193">[193]</span> -</p> - -<hr class="chap" /> -<h2>CHAPTER X<br /> - -INTERNATIONAL COPYRIGHT</h2> - -<p><b>Works first produced in His Majesty's Dominions</b> are protected -in those foreign countries with which there is a treaty for the -mutual protection of literary and artistic rights. These countries -are the signatories of the Berne Convention,<a id="FNanchor_1041" href="#Footnote_1041" class="fnanchor">[1041]</a> and Austria-Hungary, -with which there is a separate treaty on similar lines. -Generally it may be presumed that each of these countries has -by domestic legislation given full effect to the international -agreement, and that all works which are protected in this -country, and would have been protected if first produced in -the foreign country in question, will receive the same protection -there as would be accorded to a work first produced -in such foreign country. The protection, however, must be -sought in the foreign country and not here. The Courts of -this country will not grant any redress for the infringement of -a British author's copyright in a foreign State, even although -such infringement be perpetrated by a British subject resident -in England.<a id="FNanchor_1042" href="#Footnote_1042" class="fnanchor">[1042]</a></p> - -<p><b>Works first produced in foreign countries with which this -country has no treaty</b> are in no way protected from infringement -in the United Kingdom, unless they are produced within -His Majesty's dominions simultaneously with their production -elsewhere.<a id="FNanchor_1043" href="#Footnote_1043" class="fnanchor">[1043]</a></p> - -<p><b>Works first produced in foreign countries with which this -country has a treaty</b> are protected from infringement in His -Majesty's dominions by the domestic legislation of the United -Kingdom.</p> - -<p>Before December 6, 1887, foreign works were protected by -virtue of the International Copyright Acts of 1844, 1852, and -<span class="pagenum" id="Page_194">[194]</span> -1875, and numerous Orders in Council, now revoked, giving effect -to treaties with various foreign States. As the subsequent -provisions under the International Copyright Act, 1886, are -retrospective, it is unnecessary to examine the old law in any -detail. On one important point, however, it will be necessary -to mention some of the provisions of the International Copyright -Acts which were applicable before December 6, 1887, -since the subsequent legislation, in giving protection to works -which were produced before that date and were then unprotected, -enacts that its retrospective effect shall not prejudice -rights and interests lawfully acquired before it came into -operation. The law before 1887 has to be examined to determine -what these rights and interests are.</p> - -<p>Since December 6, 1887, the rights of foreign authors in His -Majesty's dominions have depended on the provisions of the -International Copyright Acts of 1844, 1852, 1875, and 1886, the -Berne Convention of 1887, and an Order in Council of November -28, 1887. To these are now added the Additional Act of -Paris, 1896, and an Order in Council of March 7, 1898. These -may now all be read together, and apply to all foreign works -first produced in the countries to which they are applicable. -It should be mentioned here that Austria-Hungary has a convention -of its own, and in dealing with works produced there -that convention and the Orders in Council giving it effect must -be substituted for the Berne Convention and Additional Act of -Paris and the Orders in Council above mentioned. Norway -has not become a signatory of the Additional Act of Paris, and -therefore in dealing with works produced there the Berne -Convention must be read as unmodified by the Additional Act.</p> - -<p>It is proposed to deal here in detail with the provisions of -the Acts, Orders in Council, and treaties as they apply to the -majority of the foreign countries, <i>i. e.</i> those which are signatories -of the Berne Convention and the Additional Act of Paris. -As regards Norway and Austria-Hungary the law differs very -slightly. The law applicable to Norway can easily be ascertained -by reading the Berne Convention without the Additional -Act. The law applicable to Austria-Hungary is almost identical, -except that it affords protection in the United Kingdom and all -<span class="pagenum" id="Page_195">[195]</span> -colonies except Canada, the Cape, New South Wales, and Tasmania, -and not in the whole of His Majesty's dominions, as in -the case of the signatories to the Berne Convention.</p> - -<p>The countries whose works are protected in His Majesty's -dominions are as follows:</p> - -<table summary="Table of the countries whose works are protected in His Majesty's -dominions."> - <tr> - <td>Germany</td> - <td>⎫</td> - <td></td> - </tr> - <tr> - <td>Belgium</td> - <td>⎥</td> - <td></td> - </tr> - <tr> - <td>Spain</td> - <td>⎥</td> - <td></td> - </tr> - <tr> - <td>France</td> - <td>⎥</td> - <td></td> - </tr> - <tr> - <td>Haiti</td> - <td>⎥</td> - <td>Signatories of the Berne</td> - </tr> - <tr> - <td>Italy</td> - <td>⎬</td> - <td> Convention, 1887, and Additional</td> - </tr> - <tr> - <td>Switzerland</td> - <td>⎥</td> - <td>Act of Paris, 1896.</td> - </tr> - <tr> - <td>Tunis</td> - <td>⎥</td> - <td></td> - </tr> - <tr> - <td>Monaco</td> - <td>⎥</td> - <td></td> - </tr> - <tr> - <td>Luxembourg</td> - <td>⎥</td> - <td></td> - </tr> - <tr> - <td>Japan</td> - <td>âŽ</td> - <td></td> - </tr> - <tr> - <td>Norway</td> - <td></td> - <td>Signatory of the Berne Convention, 1887.</td> - </tr> - <tr> - <td>Austria-Hungary</td> - <td></td> - <td>Having a separate convention, -April 24, 1893; given effect to by<br /> -Orders in Council, April 30, 1894, -and February 2, 1895.</td> - </tr> -</table> - -<p><b>What Foreign Works are entitled to Protection.</b>—Those -works are protected which are first produced in any of the -foreign countries of the Union, and which—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">(<i>a</i>) Are protected by the law of the country of origin, and:</span> -<span class="i0">(<i>b</i>) Would have been protected in the United Kingdom -if first produced in the United Kingdom.</span> -</div></div> - -<p><i>Produced.</i>—"Produced" means, as the case requires, published -or made, or performed, or represented,<a id="FNanchor_1044" href="#Footnote_1044" class="fnanchor">[1044]</a> or, in other words, the -act which is deemed to vest the author or publisher of the work -with exclusive rights of reproduction or publication. Thus in -the United Kingdom a book or an engraving or sculpture is -<span class="pagenum" id="Page_196">[196]</span> -produced when it is first published. A painting is produced -when it is made. A musical or dramatic work as regards the -performing right is probably produced<a id="FNanchor_1045" href="#Footnote_1045" class="fnanchor">[1045]</a> when it is first performed -or represented. But it would seem that, in considering when a -work is produced, the law of the foreign country or countries in -question must first be inquired into, and it will be considered to -be produced in the country where an act is done which first -invests it with protection in the nature of copyright.</p> - -<p>If a work is produced simultaneously in two or more countries -of the Union, it is deemed to be first produced in that country -where the term of copyright accorded to it is shortest. And if -a work is produced simultaneously in His Majesty's dominions -and in one or more of the foreign countries of the Union, and -according to the above rule is deemed to be first produced in a -foreign country, it will be protected under the International Acts -and not under the Copyright Acts applicable to works first produced -in the United Kingdom, and <i>vice versâ</i>. If a work is -produced simultaneously in a foreign country not within the -Union and in a foreign country within it, it would no doubt be -deemed to be first produced in the foreign country within the -Union, although there is no legislative enactment to this effect.</p> - -<p><i>Character of Work.</i>—In order to obtain protection in this -country, a foreign work must be such as is protected in the -country of origin.<a id="FNanchor_1046" href="#Footnote_1046" class="fnanchor">[1046]</a> In each case, therefore, it is necessary to -inquire into the laws of the country where the work is deemed -to have been first produced.<a id="FNanchor_1047" href="#Footnote_1047" class="fnanchor">[1047]</a></p> - -<p>The work must also be such as would have obtained protection -if first produced in the United Kingdom,<a id="FNanchor_1048" href="#Footnote_1048" class="fnanchor">[1048]</a> and it is therefore -necessary in each case to inquire also into the law of this -country.<a id="FNanchor_1049" href="#Footnote_1049" class="fnanchor">[1049]</a></p> - -<p><i>Unpublished Works.</i>—Unpublished works of foreign authors -are expressly included in the convention as works entitled to -protection.<a id="FNanchor_1050" href="#Footnote_1050" class="fnanchor">[1050]</a> If, therefore, they are protected in the country of -<span class="pagenum" id="Page_197">[197]</span> -origin, and would be protected if they had been the works of -British authors, they are entitled to protection within His -Majesty's dominions. In the case of unpublished works the -country to which the author belongs is considered the country -of origin.<a id="FNanchor_1051" href="#Footnote_1051" class="fnanchor">[1051]</a></p> - -<p><i>Special Provisions</i>.—There is also express stipulation in the -conventions as to the inclusion of the following works:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">Posthumous works:<a id="FNanchor_1052" href="#Footnote_1052" class="fnanchor">[1052]</a></span> -<span class="i0">Authorised translations (to be protected as original works):<a id="FNanchor_1053" href="#Footnote_1053" class="fnanchor">[1053]</a></span> -<span class="i0">Photographic works and works produced by an analogous process:<a id="FNanchor_1054" href="#Footnote_1054" class="fnanchor">[1054]</a></span> -<span class="i0">Choregraphic works.<a id="FNanchor_1055" href="#Footnote_1055" class="fnanchor">[1055]</a></span> -</div></div> - -<p><b>Works produced in Foreign Countries before December 6, -1887.</b>—As is explained above the international treaties and -domestic legislation in this country are retrospective, and apply -to all works whenever produced. The International Act, 1886, -sec. 6 (1),<a id="FNanchor_1056" href="#Footnote_1056" class="fnanchor">[1056]</a> provides that—</p> - -<blockquote> - -<p>"When an Order in Council is made under the International Copyright -Acts with respect to any foreign country, the author and publisher -of any literary or artistic work first produced before the date at which such -order comes into operation, shall be entitled to the same rights and -remedies as if the said Acts and this Act and the said Order had applied -to the said foreign country at the date of the said production."</p></blockquote> - -<p>The Berne Convention, article 14, provides that—</p> - -<blockquote> - -<p>"The present convention applies to all works which at the moment of -its coming into force have not yet fallen into the public domain in the -country of origin."<a id="FNanchor_1057" href="#Footnote_1057" class="fnanchor">[1057]</a></p></blockquote> - -<p>It was suggested that these retrospective provisions only -applied to works produced between the date of the Act of 1886 -and December 6, 1887, <i>i. e.</i> the date at which the Order in -<span class="pagenum" id="Page_198">[198]</span> -Council of November 28, 1887, came into operation.<a id="FNanchor_1058" href="#Footnote_1058" class="fnanchor">[1058]</a> Charles, -J., however, refused to accept such a construction, and said that -he felt no doubt that section 6 of the International Copyright -Act, 1886, applied to all literary and artistic works produced -before the date at which the Order in Council came into operation, -whether they were produced before or after the passing of -the Act.<a id="FNanchor_1059" href="#Footnote_1059" class="fnanchor">[1059]</a></p> - -<p>In <i>Lauri</i> v. <i>Renad</i><a id="FNanchor_1060" href="#Footnote_1060" class="fnanchor">[1060]</a> it was held by the Court of Appeal that -when under the older law a right of translation in this country -had existed, and had expired by lapse of time, the Act of 1886 -would not operate to revive such a right, even although the rights -of reproduction and translation still subsisted in the country of -origin. This is generally thought to be an unsound decision, as -the proper test in such cases is whether the right has fallen into -the public domain, not in this country but in the country of -origin.</p> - -<p><b>Formalities required in case of Foreign Works.—</b></p> - -<p><i>In the Country of Origin</i>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">All such formalities must be observed as are necessary -to entitle to protection under the domestic law of -such country.<a id="FNanchor_1061" href="#Footnote_1061" class="fnanchor">[1061]</a></span> -</div></div> - -<p><i>In the United Kingdom</i>—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Registration or delivery of copies to the libraries is -unnecessary.<a id="FNanchor_1062" href="#Footnote_1062" class="fnanchor">[1062]</a></span> -<span class="i0">2. Musical works must bear a notice of reservation on -each authorised copy, otherwise the performing -right will be lost.<a id="FNanchor_1063" href="#Footnote_1063" class="fnanchor">[1063]</a></span> -<span class="i0">3. Whether other formalities such as name and date -of publication on an engraving,<a id="FNanchor_1064" href="#Footnote_1064" class="fnanchor">[1064]</a> name and date on -sculpture,<a id="FNanchor_1065" href="#Footnote_1065" class="fnanchor">[1065]</a> are necessary <i>quære</i>.</span> -</div></div> - -<p>Before 1886 registration and delivery of copies of a foreign -work was required by the Act of 1844<a id="FNanchor_1066" href="#Footnote_1066" class="fnanchor">[1066]</a> and various Orders in -<span class="pagenum" id="Page_199">[199]</span> -Council in pursuance thereof. The Act of 1886, however, -enacts<a id="FNanchor_1067" href="#Footnote_1067" class="fnanchor">[1067]</a> that the provisions of the Act of 1844 as to registration -and delivery shall not apply to works produced in a foreign -country except in so far as provided by the Order in Council -referring thereto. The Order in Council of 1887<a id="FNanchor_1068" href="#Footnote_1068" class="fnanchor">[1068]</a> makes no -provision as to registration and delivery, and revokes all the -previous Orders in Council which did. In <i>Fishburn</i> v. <i>Hollingshead</i><a id="FNanchor_1069" href="#Footnote_1069" class="fnanchor">[1069]</a> -the question came before the Court whether since 1886 -any registration or delivery was necessary. Stirling, J., held that -although none of the formalities prescribed by the International -Copyright Act of 1844<a id="FNanchor_1070" href="#Footnote_1070" class="fnanchor">[1070]</a> need be observed, yet a foreign work -must comply with the provisions of the Copyright Acts as to -registration and delivery applicable to works first produced in -this country. His <i>ratio decidendi</i> was that a foreign work was -only entitled to the protection afforded to natives,<a id="FNanchor_1071" href="#Footnote_1071" class="fnanchor">[1071]</a> and the Act -of 1844<a id="FNanchor_1072" href="#Footnote_1072" class="fnanchor">[1072]</a> provided that all and singular the enactments of the -Copyright Acts in this country should apply to foreign works in -such and the same manner as if such works were published in the -United Kingdom. Charles, J., in <i>Hanfstaengl</i> v. <i>Holloway</i><a id="FNanchor_1073" href="#Footnote_1073" class="fnanchor">[1073]</a> differed -from this view, and finally the Court of Appeal in <i>Hanfstaengl</i> v. -<i>American Tobacco Company</i><a id="FNanchor_1074" href="#Footnote_1074" class="fnanchor">[1074]</a> held that no registration in this -country was necessary. The ground of this decision is that the -enactments of 1844 as to registration of foreign works superseded -the enactments of 1842, and when the provisions of 1844 -were repealed the provisions of 1842 did not revive. This -reasoning, which appears to be undoubtedly sound, applies -equally to the provisions as to delivery of copies. It does not, -however, apply to the question whether such formalities as the -name and date of publication on an engraving are necessary. -At present the position seems to be this. The reasoning of -Stirling, J., in <i>Fishburn</i> v. <i>Hollingshead</i><a id="FNanchor_1075" href="#Footnote_1075" class="fnanchor">[1075]</a> equally applies to the -formalities as to name and date on engravings and sculpture as it -does to registration and delivery. The judgment of Stirling, J., -was overruled in <i>Hanfstaengl</i> v. <i>American Tobacco Company</i><a id="FNanchor_1076" href="#Footnote_1076" class="fnanchor">[1076]</a> in -<span class="pagenum" id="Page_200">[200]</span> -the Court of Appeal, but on grounds which do not apply to these -formalities. As to them, therefore, the judgment of Stirling, J., -stands. It is very doubtful whether this is the correct view of the -law, but it is submitted that until <i>Fishburn</i> v. <i>Hollingshead</i><a id="FNanchor_1077" href="#Footnote_1077" class="fnanchor">[1077]</a> is -further overruled the law is that formalities under heading 3 -<i>supra</i> are necessary. In <i>Avanzo</i> v. <i>Mudie</i><a id="FNanchor_1078" href="#Footnote_1078" class="fnanchor">[1078]</a> it was held that a -foreign print could not claim copyright under 7 & 8 Vict. c. 12, -unless the date and name were engraved thereon as required by -8 Geo. II. c. 13. Mr. Scrutton, whose opinion in these matters -carries great weight, thinks that these formalities are not required.<a id="FNanchor_1079" href="#Footnote_1079" class="fnanchor">[1079]</a> -As a matter of expediency they should always be observed where -practicable.</p> - -<p><b>Who are entitled to sue in respect of a Foreign Work.</b>—The -author of a foreign work or his assignee is probably entitled to -sue in the case of all foreign works which are protected in -this country.<a id="FNanchor_1080" href="#Footnote_1080" class="fnanchor">[1080]</a></p> - -<p>The publisher of a foreign work published anonymously or -pseudonymously is entitled to sue if his name is indicated on -the work.<a id="FNanchor_1081" href="#Footnote_1081" class="fnanchor">[1081]</a></p> - -<p><b>Evidence of Title.</b>—Where the name of the author is indicated -on a foreign work or in the case of an anonymous or -pseudonymous work the name of the publisher, such author or -publisher is, in the absence of proof that he is disentitled, -entitled to sue in respect of such foreign work.<a id="FNanchor_1082" href="#Footnote_1082" class="fnanchor">[1082]</a></p> - -<p>An extract from a register, or a certificate or other document -authenticated by the official seal or signature of a minister -of state of the foreign country of origin, or of a British diplomatic -or consular officer, lawfully acting in such foreign country, -is admitted as <i>primâ facie</i> evidence of the owner of the -copyright.<a id="FNanchor_1083" href="#Footnote_1083" class="fnanchor">[1083]</a></p> - -<p><b>Protection afforded to Foreign Works.</b>—Generally a foreign -work is accorded— -<span class="pagenum" id="Page_201">[201]</span></p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. The same right of copyright and during the same period -as if the work had been first produced in the United -Kingdom:<a id="FNanchor_1084" href="#Footnote_1084" class="fnanchor">[1084]</a> but</span> -<span class="i0">2. No greater right or longer term of protection than it -enjoys in the country of origin.<a id="FNanchor_1085" href="#Footnote_1085" class="fnanchor">[1085]</a></span> -</div></div> - -<p>Section 10 of the International Copyright Act, 1844,<a id="FNanchor_1086" href="#Footnote_1086" class="fnanchor">[1086]</a> provides -that all copies of foreign books in which there is copyright -under the International Acts, if printed or reprinted in any -foreign country <i>except the country of origin</i>, shall not be imported -into the British dominions without the consent of the proprietor. -It has been held,<a id="FNanchor_1087" href="#Footnote_1087" class="fnanchor">[1087]</a> however, that this section does not supply a -complete code as to the importation of copies of a foreign book, -and that copies printed in the country of origin will also be -prohibited in the same way as if the book had been first published -in the United Kingdom. Section 3 of the International -Copyright Act, 1844, applies to foreign works, <i>inter alia</i>, the -provisions 5 & 6 Vict., sections 15 and 17, which prohibit the -importation of any copies printed outside the British dominions. -Section 10 was held not to curtail the general application in -section 3 of the provisions of the Copyright Act, 1842, to -foreign books.</p> - -<p>As to certain foreign works which are dealt with below, there -is express provision in the International legislation which results -in giving such foreign works a narrower right or shorter term -than they would have if first published in this country. Where -there is no express limitation, the above general rules apply. -The law of both the country of origin and of the United Kingdom -must be examined, and the right given will be limited according -to the law which affords least protection. Where, however, -according to this rule there is a right, the Courts here will give -the same remedies as they would extend to the author of a -work first published in the United Kingdom. Thus in <i>Baschet</i> v. -<i>London Illustrated Standard</i>,<a id="FNanchor_1088" href="#Footnote_1088" class="fnanchor">[1088]</a> Kekewich, J., refused to consider -<span class="pagenum" id="Page_202">[202]</span> -whether a French Court would or would not award penalties for -infringement.</p> - -<p><i>Works published before December 6, 1887</i>, are protected, -except in so far as such protection may prejudice rights or -interests arising from or in connection with works lawfully -produced before, and subsisting and valuable at, that date.<a id="FNanchor_1089" href="#Footnote_1089" class="fnanchor">[1089]</a></p> - -<p>This limitation is introduced by the retrospective section of -the Act of 1886, which enacts that—</p> - -<blockquote> - -<p>"Where any person has before the date of the publication of an Order -in Council lawfully produced any work in the United Kingdom, nothing -in this section shall diminish or prejudice any rights or interests arising from, -or in connection with, such production which are subsisting and valuable -at the said date."</p></blockquote> - -<p>The following are some of the classes of literary or artistic -works which were not protected before 1886 but to which the -retrospective section and its saving clause applies:</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> Works not registered in this country under the International -Copyright Act, 1844, section 6.<a id="FNanchor_1090" href="#Footnote_1090" class="fnanchor">[1090]</a></span> -<span class="i0"><span class="rgt">ii.</span> Works which had not acquired the translating right -under the International Copyright Act, 1852, sections 2, 4, 8.</span> -<span class="i0"><span class="rgt">iii.</span> Dramatic works, as to the liberty to make fair imitations -or adaptations to the English stage under the -International Copyright Act, 1852, section 6.</span> -</div></div> - -<p>"Lawfully Produced" means that the work has been produced -without contravening any right existing at the date of its -production.<a id="FNanchor_1091" href="#Footnote_1091" class="fnanchor">[1091]</a></p> - -<p>"Rights" and "Interests" are to be distinguished, the latter -word bearing a wider interpretation than the former. Right does -not mean the right to reproduce in common with all mankind, -but right in the strict legal sense of the term under the English -Copyright Acts, <i>i. e.</i> an exclusive right of property.</p> - -<p>When any capital has been embarked in the production of a -work, and the publisher depends on the sale of copies in stock -<span class="pagenum" id="Page_203">[203]</span> -or on the proceeds of a future edition to recoup himself for -his outlay, there is clearly an interest although there may be -no right. Where a bandmaster had purchased a copy of a -French musical composition and instructed his band to perform -it, he was held to have such an interest as would entitle him to -continue performing it after the French composer had acquired -protection under the Act of 1886.<a id="FNanchor_1092" href="#Footnote_1092" class="fnanchor">[1092]</a> Even where no capital has -been embarked, if the publisher has a special interest as distinct -from the rest of the public in the reproduction of the work, he -has an interest within the meaning of the section.<a id="FNanchor_1093" href="#Footnote_1093" class="fnanchor">[1093]</a> Thus where -a firm had adopted a German picture as a trade mark for their -candles, they were held to have such an interest in the reproduction -as would constitute a good defence to an action for -infringement of copyright acquired under the retrospective -operation of the Act of 1886.<a id="FNanchor_1094" href="#Footnote_1094" class="fnanchor">[1094]</a> It has been suggested that not -only the interests of the lawful producer will be safeguarded, but -also interests arising in a third person from or in connection -with such production, and this seems to be sound.<a id="FNanchor_1095" href="#Footnote_1095" class="fnanchor">[1095]</a></p> - -<p><i>Translating Right</i> expires if not exercised within ten years.</p> - -<p>The exclusive right of translation is expressly given to the -foreign author by the Act of 1886 and the Additional Act of -Paris for the full term of his copyright in the original work, but -if an authorised translation in the English language is not published -after the expiration of ten years next after the end of the -year in which the work was first produced the translating right -of the author shall cease.<a id="FNanchor_1096" href="#Footnote_1096" class="fnanchor">[1096]</a> If a book is published in numbers, -the ten years run from the date of publication of the last part.<a id="FNanchor_1097" href="#Footnote_1097" class="fnanchor">[1097]</a> -When a book is composed of a number of volumes, each volume -is considered as a separate work.<a id="FNanchor_1098" href="#Footnote_1098" class="fnanchor">[1098]</a> A translation in order to -preserve the translating right must be full and substantial.<a id="FNanchor_1099" href="#Footnote_1099" class="fnanchor">[1099]</a> A -translation might be such as, if made without the consent of the -<span class="pagenum" id="Page_204">[204]</span> -author, would constitute a piracy, and yet not be such a translation -as is required by the Act—</p> - -<blockquote> - -<p>"What is required is that the English people should have the opportunity -of knowing the foreign work as accurately as it is possible to know -a foreign work by the medium of a version in English."<a id="FNanchor_1100" href="#Footnote_1100" class="fnanchor">[1100]</a></p></blockquote> - -<p><i>Articles in Newspapers and Periodicals.</i><a id="FNanchor_1101" href="#Footnote_1101" class="fnanchor">[1101]</a>—Articles, not being -serial stories or tales, appearing in a newspaper or periodical in -a foreign country, may be republished or translated in a newspaper -or periodical in this country without the consent of the -owner of the copyright, provided—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">(<i>a</i>) In the case of articles of political discussion, the news -of the day, or miscellaneous information, the source -from which the same is taken be acknowledged.</span> - -<span class="i0">(<i>b</i>) In the case of articles relating to any other subject, -the source from which the same is taken be acknowledged, -and the author has not signified his intention -in a conspicuous part of the newspaper or periodical -of preserving the copyright and right of translation.</span> -</div></div> - -<p><i>Photographic Works.</i>—The Additional Act of Paris runs as -follows: "It is understood that an authorised photograph of a -work of art shall enjoy legal protection in all the countries of -the Union, as contemplated by the Berne Convention, and by -the present Additional Act, for the same period as the principal -right of reproduction of the work itself subsists, and within the -limits of private arrangements between those who have legal -rights."<a id="FNanchor_1102" href="#Footnote_1102" class="fnanchor">[1102]</a></p> - -<p>It would seem, therefore, that photographs of protected -works of art are not protected as original works, and that, whenever -produced, their protection stands and falls with the right -in the original work. Other photographs, including photographs -of unprotected works of art, are protected as original works.</p> - -<p><i>Performing Right in Dramatic or Dramatic Musical Works.</i>—Exclusive -performing right in dramatic or dramatico-musical -works subsists during the existence of the exclusive right of -<span class="pagenum" id="Page_205">[205]</span> -translation. If the translating right is allowed to fall into the -public domain by non-exercise within ten years, the performing -right falls with it.<a id="FNanchor_1103" href="#Footnote_1103" class="fnanchor">[1103]</a></p> - -<p>There is not now as formerly any right in the public to make -fair imitations or adaptations to the English stage.<a id="FNanchor_1104" href="#Footnote_1104" class="fnanchor">[1104]</a></p> - -<p><i>Express Provision as to Particular Kinds of Infringement.</i>—The -Berne Convention, article 8, provides that the question of the -right of extract is to be decided by the legislation of the different -countries of the Union, or by special arrangement between them. -There is no special arrangement as to this with the United -Kingdom, therefore the law as to extract and quotation applicable -to works produced in this country applies.</p> - -<p>Article 10 of the Berne Convention enacts that indirect -appropriations such as adaptations and arrangements are included -among illicit reproductions when they do not bear the -character of original work. Here also, therefore, the law is -similar to that applicable to works produced in this country.<span class="pagenum" id="Page_206">[206]</span> -</p> - -<hr class="chap" /> -<h2>CHAPTER XI<br /> - -COMMON LAW</h2> - -<p>As to works which have been published within the meaning of -the Copyright Acts, the common law affords no protection in the -nature of copyright, that is to say, as regards the exclusive right -of reproduction, the author must rely entirely on the statutes. -There is no copyright at common law after the expiration of the -period prescribed by statute,<a id="FNanchor_1105" href="#Footnote_1105" class="fnanchor">[1105]</a> neither is there any greater right -during that period than the statute gives.<a id="FNanchor_1106" href="#Footnote_1106" class="fnanchor">[1106]</a> Common law -remedies, however, may be applied when the statute gives a -right without a sufficient remedy.<a id="FNanchor_1107" href="#Footnote_1107" class="fnanchor">[1107]</a> But apart altogether from -rights in the nature of copyright, the principles of common law -and equity do apply to both published and unpublished works -to prevent or to remedy the consequences of fraud or breach -of contract.</p> - -<p>As to works which have been composed<a id="FNanchor_1108" href="#Footnote_1108" class="fnanchor">[1108]</a> but have not been -published, the common law affords protection to the author -against reproduction or interference of any kind.<a id="FNanchor_1109" href="#Footnote_1109" class="fnanchor">[1109]</a></p> - -<p>The rights and remedies at common law are perpetual, and -are neither limited in duration nor as regards the time within -which action must be brought, except in so far as the general -rules of equity as to acquiescence and delay or the statutes of -limitation may be applicable.</p> - -<p><b>Title: Passing off.</b>—<i>No Copyright in Title.</i>—There is no copyright -in a title consisting, as a title usually does, of only a few -<span class="pagenum" id="Page_207">[207]</span> -words. Thus <i>Belgravia</i>,<a id="FNanchor_1110" href="#Footnote_1110" class="fnanchor">[1110]</a> <i>Sporting Life</i>,<a id="FNanchor_1111" href="#Footnote_1111" class="fnanchor">[1111]</a> "Splendid Misery,"<a id="FNanchor_1112" href="#Footnote_1112" class="fnanchor">[1112]</a> <i>The -Licensed Victuallers' Mirror</i>,<a id="FNanchor_1113" href="#Footnote_1113" class="fnanchor">[1113]</a> and "The Post Office Directory,"<a id="FNanchor_1114" href="#Footnote_1114" class="fnanchor">[1114]</a> -have all been decided not to be the subject of copyright. In two -decisions "The Birthday Scripture Text-Book"<a id="FNanchor_1115" href="#Footnote_1115" class="fnanchor">[1115]</a> and "Trial and -Triumph"<a id="FNanchor_1116" href="#Footnote_1116" class="fnanchor">[1116]</a> (as the title of a novel) were protected on the ground -of copyright in title, but since <i>Dicks</i> v. <i>Yates</i><a id="FNanchor_1117" href="#Footnote_1117" class="fnanchor">[1117]</a> in which these two -decisions were cited, and in so far as they were based on a claim -of copyright in title, disapproved, no such claim could be entertained, -and the exclusive user of a title will only be protected on -the general principles of common law and equity which prevent -one man passing off his wares as those of another man. As was -pointed out by Jessel, M. R., in <i>Dicks</i> v. <i>Yates</i>,<a id="FNanchor_1118" href="#Footnote_1118" class="fnanchor">[1118]</a> it is conceivable -that there might be a title in which there was copyright; for -instance, if it was extremely long and elaborate, but since <i>Dicks</i> -v. <i>Yates</i> there is no case in the books where a title has been -protected on the ground of copyright.</p> - -<p><i>Whether Protection is based on a Right of Property in the Title.</i>—The -great bulk of authority is to the effect that the right to prevent -others passing off their literary works under the same or a -similar title does depend on a right of property in the title as -applied to a particular class of work, which right can only be -acquired by user.<a id="FNanchor_1119" href="#Footnote_1119" class="fnanchor">[1119]</a> This right is regarded as a chattel interest -capable of assignment,<a id="FNanchor_1120" href="#Footnote_1120" class="fnanchor">[1120]</a> and may be a partnership asset.<a id="FNanchor_1121" href="#Footnote_1121" class="fnanchor">[1121]</a> In -<i>Walter</i> v. <i>Emmott</i>,<a id="FNanchor_1122" href="#Footnote_1122" class="fnanchor">[1122]</a> however, Cotton and Bowen, L.JJ., expressed -a strong opinion that the right to prevent a deceitful use -of title was not founded on a right of property in the title, but -on the ground of deceit alone. It is submitted that the plaintiff -in an action of this kind need not prove deceit on the part of -the defendant, and that the right is strictly a proprietary right -<span class="pagenum" id="Page_208">[208]</span> -which must have been acquired by user before the Court will -intervene.</p> - -<p><i>Knowledge of Existence and Value on part of the Public.</i>—This -is necessary before an author or proprietor of a literary or -artistic work can acquire a right to the exclusive use of a title -in connexion with works of a certain class. It is not sufficient -that the title of a proposed book or magazine has been extensively -advertised or that it has been registered, even although -great expenditure has been incurred in the preparation and -advertisement.<a id="FNanchor_1123" href="#Footnote_1123" class="fnanchor">[1123]</a> Any one, it would seem, can seize the opportunity -of another's advertisements and bring out a similar book -under the same or a similar title, either before the publication of -that other's book or immediately after its publication, and before -it became known to the public as an actually existing publication -which they have had an opportunity of reading and forming an -opinion of on its merits. The sale of a few copies only will not -establish a common law right in title.<a id="FNanchor_1124" href="#Footnote_1124" class="fnanchor">[1124]</a> Not only must the work -be well known to the public, but it must also be distinctively -known under the title in which a proprietary right is claimed.<a id="FNanchor_1125" href="#Footnote_1125" class="fnanchor">[1125]</a></p> - -<p>No right can be acquired by attaching an original title to an -old work in which the publisher has no proprietary right. In -<i>Talbot</i> v. <i>Judges</i><a id="FNanchor_1126" href="#Footnote_1126" class="fnanchor">[1126]</a> the plaintiffs published a work in which they -had no copyright of any kind under a title of their own -invention, "The Liberal and Radical Year-Book." The defendant -published a similar work, intituled "The Liberal Year-Book." -It was held that they were entitled to do so, as the -plaintiffs could have no right in the title when the material was -in no sense their own.</p> - -<p><i>Non-user of title</i> for a considerable period will leave it open -to others to adopt the same title and to acquire a right therein -to the exclusion of the original user,<a id="FNanchor_1127" href="#Footnote_1127" class="fnanchor">[1127]</a> but no representation must -be made, express or implied, that the subsequent publication is -a continuation of the first. If the proprietor of a magazine -<span class="pagenum" id="Page_209">[209]</span> -incorporates it with another publication, such as the <i>John Bull</i> -with the <i>Britannia</i>, and intitules the future publication with a -joint name such as the <i>John Bull and Britannia</i>, he can prevent -any taking of the original titles either <i>simpliciter</i> or colourably -altered, as, for instance, <i>The True Britannia</i>.<a id="FNanchor_1128" href="#Footnote_1128" class="fnanchor">[1128]</a></p> - -<p><i>No Fraud need be Proved.</i>—When the exclusive right to a title -has been established, an innocent invasion is equally as actionable -as one tainted with fraud or intent to deceive.<a id="FNanchor_1129" href="#Footnote_1129" class="fnanchor">[1129]</a> It is a -question what the public are likely to believe, not what it was -intended they should believe.</p> - -<p><i>Must be Calculated to Deceive.</i>—The question is whether the -man of ordinary intelligence is likely to be deceived, and purchase -the later publication while intending to purchase the -original. It is not sufficient to show that some thoughtless or -stupid people have made mistakes and taken the one for the -other.<a id="FNanchor_1130" href="#Footnote_1130" class="fnanchor">[1130]</a> The exclusive right to the use of a title only extends so -far as to prevent the whole or any part of the title being used -in such a way as to deceive the public, to the injury of the -proprietor of the title. Thus a part of the title may be taken -and so used in conjunction with other words, that there can be -no possibility of confusion, or the whole title may be taken and -used for an entirely different class of work, or otherwise put -before the public in such a way that mistake is practically -impossible. Thus in questions of passing off, besides the -similarity of title, the result depends on the peculiar circumstances -under which the works are produced: the time and -place of publication, appearance, such as similarity in print and -binding and price, may all be of vital importance.</p> - -<p><i>Cases in which an Injunction was Granted.</i>—In <i>Hogg</i> v. <i>Kirby</i><a id="FNanchor_1131" href="#Footnote_1131" class="fnanchor">[1131]</a> -the defendant was interested in the sale and profits of a magazine -called <i>The Wonderful Magazine</i>. A dispute arose between him -and the proprietor of the magazine, and the defendant thereupon -published a magazine under the same title, described as <i>New -Series Improved</i>. This publication was restrained. In <i>Constable</i> -v. <i>Brewster</i>,<a id="FNanchor_1132" href="#Footnote_1132" class="fnanchor">[1132]</a> a Scotch case, an interdict was granted on very -<span class="pagenum" id="Page_210">[210]</span> -similar facts. In <i>Chappell</i> v. <i>Sheard</i><a id="FNanchor_1133" href="#Footnote_1133" class="fnanchor">[1133]</a> the plaintiffs published a -song, the words of which were original, but set to an old American -air, "Lillie Dale," in which there was no copyright. This song -had become popular, and was sung at concerts by a Madame -Thillon. The plaintiffs published their song under the title of -"'Minnie,' sung by Madame Anna Thillon, written by George -Linley," and the cover bore a lithographed drawing of Madame -Thillon. The defendants set other words to the same air and published -it as "Minnie Dale," sung by Madame Thillon, and their -cover also bore a portrait of Madame Thillon. The defendants' -song had, in fact, never been sung by Madame Thillon. An injunction -was granted. In <i>Chappell</i> v. <i>Davidson</i><a id="FNanchor_1134" href="#Footnote_1134" class="fnanchor">[1134]</a> the same song was -similarly pirated by one intituled "Minnie, dear Minnie," and an -injunction was also granted. In <i>Prowett</i> v. <i>Mortimer</i><a id="FNanchor_1135" href="#Footnote_1135" class="fnanchor">[1135]</a> <i>The True -Britannia</i> was restrained as tending to interfere with the sale of -the plaintiff's paper, <i>The John Bull and Britannia</i>, which had -incorporated the plaintiff's previous publication, <i>The Britannia</i>. -In <i>Clement</i> v. <i>Maddick</i><a id="FNanchor_1136" href="#Footnote_1136" class="fnanchor">[1136]</a> the plaintiff owned a sporting periodical -paper, intituled <i>Bell's Life</i>. The defendants were restrained from -publishing a similar paper under the title, <i>Penny Bell's Life</i>. In -both publications the name Bell was entirely pseudonymous. -In <i>Ingram</i> v. <i>Stiff</i><a id="FNanchor_1137" href="#Footnote_1137" class="fnanchor">[1137]</a> the defendant was the proprietor of a weekly -paper, <i>The London Journal</i>, and assigned all his interest therein -to the plaintiff, covenanting not to publish any rival weekly -paper. Two years afterwards the defendant published a daily -newspaper, <i>The Daily London Journal</i>. The Court restrained him -from continuing the publication, but their judgment seems to -have gone on the ground of breach of covenant. In <i>Clowes</i> v. -<i>Hogg</i><a id="FNanchor_1138" href="#Footnote_1138" class="fnanchor">[1138]</a> the proprietors of <i>London Society</i> were held entitled to an -injunction against <i>English Society</i>, but this was also on the -ground of a covenant between the parties. In <i>Corns</i> v. <i>Griffiths</i><a id="FNanchor_1139" href="#Footnote_1139" class="fnanchor">[1139]</a> -the plaintiff published a weekly newspaper under the title, "<i>Iron -Trade Circular</i> (Ryland's)." The defendant had for some considerable -time published a weekly report headed "<i>The Iron Trade</i> -(Griffith's Weekly Report)," but changed his title to "<i>The Iron</i><span class="pagenum" id="Page_211">[211]</span> -<i>Trade Circular</i> (edited by Samuel Griffiths)," and published it in -type and form very similar to the plaintiff's newspaper. The -defendant's publication was restrained. In <i>Metzler</i> v. <i>Wood</i><a id="FNanchor_1140" href="#Footnote_1140" class="fnanchor">[1140]</a> the -plaintiffs were the publishers of "Henry's Royal Modern Tutor -for the Pianoforte." This work had a very large sale. The -defendants took an old work, intituled "Jousie's Royal Standard -Pianoforte Tutor," which had entirely fallen into disuse, and -employed Henry to revise it, and then published it as "Henry's -New and Revised Edition of Jousie's Royal Standard Pianoforte -Tutor." In both publications the word "Henry's" was published -in large letters, and was more conspicuous than any other -part of the title. The Court granted an injunction. James, L. J., -in his judgment, said:</p> - -<blockquote> - -<p>"The defendants' title-page was calculated to deceive, and I cannot -conceive any reasonable theory to explain the defendants taking an -obsolete work, getting it revised by Mr. Henry, and putting Henry's name -as the prominent and striking distinguishing mark of his work except that -he intended to do that which the name was calculated to do, viz., to -mislead the public into believing that when they were buying the -defendants' work they were buying the plaintiffs'. If it was so calculated -to mislead, the case of the plaintiffs is made out."</p></blockquote> - -<p><i>Cases where an Injunction was Refused.</i>—In <i>Spottiswoode</i> v. -<i>Clarke</i><a id="FNanchor_1141" href="#Footnote_1141" class="fnanchor">[1141]</a> Lord Cottenham, L. C., refused an interlocutory injunction -in a case of two Pictorial Almanacks, where the covers were very -similar and could hardly have been so accidentally. In a similar -case to-day an injunction would probably have gone. In <i>Jarrold</i> -v. <i>Houlston</i><a id="FNanchor_1142" href="#Footnote_1142" class="fnanchor">[1142]</a> an injunction was refused to the author of "Why and -Because," in respect of a similar work intituled "The Reason -Why." There was no such similarity or colourable imitation in -the title as to support the claim. In <i>Bradbury</i> v. <i>Beeton</i><a id="FNanchor_1143" href="#Footnote_1143" class="fnanchor">[1143]</a> the -proprietors of <i>Punch</i> craved an injunction against <i>Punch and -Judy</i>. There was, however, no evidence that any one had been -misled, and although the papers were similar in size and general -appearance, the colour of the paper was slightly different, and -the design on the cover was entirely different. Malins, V. C., -refused an injunction. In <i>Kelly</i> v. <i>Byles</i><a id="FNanchor_1144" href="#Footnote_1144" class="fnanchor">[1144]</a> the plaintiff had -<span class="pagenum" id="Page_212">[212]</span> -published numerous directories called "post office" directories. -Among them was "The Post Office Directory of the West Riding -of Yorkshire." An injunction was refused against the defendant -who proposed to issue a directory under the title "Post Office -Bradford Directory." The publications in no way resembled -one another. The plaintiff claimed that he had acquired an -exclusive use to the words "post office" in connection with a -directory. It was held that he could have no such exclusive -right. In <i>Dicks</i> v. <i>Yates</i><a id="FNanchor_1145" href="#Footnote_1145" class="fnanchor">[1145]</a> a serial story, entitled "Splendid -Misery, or East End and West End, by C. H. Hazlewood," was -being published in a magazine called <i>Every Week</i>. Another -weekly, <i>The World</i>, commenced a serial story intituled "Splendid -Misery, by the Author of Lady Audley's Secret, Vivian, &c." -The two weekly papers were of an entirely different character, -and it was held that there was nothing in the publication of the -serial story in <i>The World</i> which was calculated to deceive. In -<i>Cowen</i> v. <i>Hulton</i><a id="FNanchor_1146" href="#Footnote_1146" class="fnanchor">[1146]</a> the plaintiff was proprietor of <i>The Newcastle -Weekly Chronicle</i> and <i>The Newcastle Daily Chronicle</i>. He claimed -an exclusive right to the use of the word "Chronicle" in connection -with newspapers in Newcastle, and craved an injunction against -the sale in Newcastle of <i>The Sporting Chronicle</i>. The Court of -Appeal, reversing the decision of North, J., refused an injunction. -In <i>Walter</i> v. <i>Emmott</i><a id="FNanchor_1147" href="#Footnote_1147" class="fnanchor">[1147]</a> <i>The Mail</i> was published three days a -week at 11 <span class="smcap">A. M.</span>, price twopence. The Court refused an injunction -against <i>The Morning Mail</i>, price one halfpenny. Both -papers were published in London. In <i>Borthwick</i> v. <i>The Evening -Post</i><a id="FNanchor_1148" href="#Footnote_1148" class="fnanchor">[1148]</a> the proprietors of <i>The Morning Post</i> claimed an injunction -against <i>The Evening Post</i>. The Court was of opinion that there -was no probability of injury to <i>The Morning Post</i> since the -papers were not competing papers. Bowen, L. J., in his judgment, -said:</p> - -<blockquote> - -<p>"He must be an extremely unintelligent person if he thinks that the -<i>Evening Post</i>, which disclaims all connection with the <i>Morning Post</i>, and -writes upon different topics and in a different style, is connected with the -<i>Morning Post</i>. The idea would explode itself before he got half-way -through the first page." -<span class="pagenum" id="Page_213">[213]</span></p></blockquote> - -<p>The injunction was refused. The commonest form of passing -off is by means of a similar title and binding, but any act -which induces the public to believe that A's book is the book of -B is equally actionable, and will be sustained. Thus for A to -announce his book as a continuation of B's book,<a id="FNanchor_1149" href="#Footnote_1149" class="fnanchor">[1149]</a> or in any other -way to so advertise it as to induce the public to believe that it is -B's work<a id="FNanchor_1150" href="#Footnote_1150" class="fnanchor">[1150]</a> is actionable.</p> - -<p><b>Malicious Criticism.</b>—It would be actionable to publish of -an author's work that which was obviously untrue; for instance, -that it was an immoral or a libellous work, when no suggestion -of immorality or libel could be found in it. Apart from absolute -falsehood of this kind there is no limit to the range of criticism;<a id="FNanchor_1151" href="#Footnote_1151" class="fnanchor">[1151]</a> -a man is entitled to form what opinion he pleases of another's -work, and to publish these opinions. So long as he confines -himself to the work criticised and the author thereof as author, -he has very full liberty of saying what he thinks.</p> - -<p>It may be actionable to say that a man is the author of a -work which is not his. The offence if anything would be defamation -of the author.<a id="FNanchor_1152" href="#Footnote_1152" class="fnanchor">[1152]</a></p> - -<p><b>Slander of Title.</b>—No doubt an action would lie against any -one publishing statements in disparagement of the owner's -right to a literary or artistic work.<a id="FNanchor_1153" href="#Footnote_1153" class="fnanchor">[1153]</a> Special damage is of the -essence of such an action.</p> - -<p><b>Author who has parted with Copyright is entitled to protect -his Reputation.</b>—Although a purchaser of copyright may do -what he pleases with what he has purchased, he may not mutilate -an artistic or literary work and present it to the public in its -mutilated form as the work of the original author. The copyright -in a law book was purchased by a bookseller. The author -refused to edit a third edition, and the bookseller had the -necessary alterations made for himself. The third edition was -then published without any notice that it was prepared by any -one other than the author. It contained numerous errors. In -an action by the author against the bookseller, Lord Tenterden, -C. J., in summing up, put it to the jury that if they were of -<span class="pagenum" id="Page_214">[214]</span> -opinion that the third edition would be understood by those who -bought it to have been prepared by the plaintiff, the plaintiff was -entitled to a verdict; but if they were of opinion that persons -using reasonable care would think that this third edition was not -prepared by the plaintiff, their verdict should be for the defendant. -The jury returned a verdict of five pounds for the plaintiff.<a id="FNanchor_1154" href="#Footnote_1154" class="fnanchor">[1154]</a> The -nature of the remedy is really an action for the defamation of -the plaintiff's reputation as an author. The Court is slow to -grant an interlocutory injunction in such an action. No doubt -it would be done in an extreme case, for instance, if the owner -of performing rights in a play inserted indecent or scandalous -matter without the consent of the author, but the Court prefers -to have the legal question as to whether the altered version is -injurious to the plaintiff's reputation tried first. In <i>Cox</i> v. <i>Cox</i><a id="FNanchor_1155" href="#Footnote_1155" class="fnanchor">[1155]</a> -the plaintiff had written a legal article for the purpose of insertion -in the defendant's book. The defendant revised and shortened -the article to a considerable extent, and the plaintiff applied for -an injunction in Chancery to restrain the defendant from publishing -the article in its mutilated form. Page Wood, V. C., refused -an injunction, and, in his judgment, said:</p> - -<blockquote> - -<p>"In respect to what was said about the plaintiff's reputation suffering -from having the legal matter supplied by him published in a mutilated -and erroneous form, according to Sir J. Clark's case,<a id="FNanchor_1156" href="#Footnote_1156" class="fnanchor">[1156]</a> the loss of reputation, -unless connected with property, was not a ground for coming to this Court, -though it might be an ingredient for the Court to consider when there was -property."</p></blockquote> - -<p>One might almost infer from this judgment that if the plaintiff -had parted with his property no right of action lay for injury to -his reputation. It must be observed, however, that this was a -claim for an injunction in equity, and the judgment of Lord -Tenterden in <i>Archbold</i> v. <i>Sweet</i><a id="FNanchor_1157" href="#Footnote_1157" class="fnanchor">[1157]</a> was not referred to. That and -the subsequent cases make it clear that there is a right of action -on the ground of injury to reputation alone, and that in urgent -cases the Court will interfere by interlocutory injunction. In -<i>Gilbert</i> v. <i>Boosey</i><a id="FNanchor_1158" href="#Footnote_1158" class="fnanchor">[1158]</a> the owner of a performing right in an opera -<span class="pagenum" id="Page_215">[215]</span> -inserted without the permission of the author two songs, and one -of the author's songs was left out. The opera was advertised -and performed <i>simpliciter</i> as the plaintiff's opera without any -mention of alterations. On an application for an interlocutory -injunction, Denman, J., refused to interfere at such an early -stage, but he intimated that if the songs had been indecent or -such as would obviously damage the plaintiff's reputation, he -might have granted an injunction. In <i>Lee</i> v. <i>Gibbings</i><a id="FNanchor_1159" href="#Footnote_1159" class="fnanchor">[1159]</a> the -defendant had acquired the copyright in the plaintiff's "Autobiography -of Edward, Lord Herbert of Cherbury." He published -a condensed edition, on the title-page of which the plaintiff -was stated <i>simpliciter</i> to be the author. The plaintiff alleged -that the work was unscholarly and injurious to his reputation, -and craved an interim injunction. Kekewich, J., refused the -motion. The plaintiff's remedy, he said, was founded on libel -by reason of the injury to his reputation. Of late years there -had been no such thing as an injunction to restrain a libel -(except in the case of a trade libel) on an interlocutory application -or before the point had been submitted to a jury. He -saw no reason for making an exception in the case before him, -and he would express no opinion as to whether there was a libel -or not.</p> - -<p>The Court would restrain one who published a book falsely -representing that it was the work of another.<a id="FNanchor_1160" href="#Footnote_1160" class="fnanchor">[1160]</a></p> - -<p><b>Protection from Breach of Faith or Contract.</b>—The relationship -of parties may give rise to rights and obligations in -reference to literary or artistic matter which could not exist as -between strangers. Such rights and obligations are supported -on the various grounds of express contract, implied contract, -and breach of faith. As to express contract there is little -difficulty, the ordinary rules of contract will apply. As to implied -contract or breach of faith, these are really the same, -only common law based its remedy on the former and equity -on the latter. It usually arises in the case of a clerk or other -employee between whom and the employer a confidential relationship -exists. As regards employees, the law stated briefly is -this, that during his employment he must do nothing which is -<span class="pagenum" id="Page_216">[216]</span> -contrary to the interests of his employer; he may not in any -way assist in the production of literary or artistic work which -may compete with the work of his employer. After the termination -of his employment, apart from express contract, he is -entitled to compete with his late employer, and for that purpose -may make use of the general knowledge and information -which he acquired in his employment: but he may not for -such purpose use any materials such as documents, notes, -printing blocks, &c., which he acquired in his capacity of -employee and <i>a fortiori</i> if he acquired them surreptitiously.</p> - -<p>In <i>Jovatt</i> v. <i>Winyard</i><a id="FNanchor_1161" href="#Footnote_1161" class="fnanchor">[1161]</a> a veterinary surgeon employed a journeyman -for the purpose of selling his medicine. While in such -service the journeyman surreptitiously got access to his books -of recipes and copied them. It was held that there was a breach -of trust, and the journeyman was restrained from selling the -medicines or printing or selling printed directions for their use. -In <i>Prince Albert</i> v. <i>Strange</i><a id="FNanchor_1162" href="#Footnote_1162" class="fnanchor">[1162]</a> a workman, who was entrusted by -the Prince Consort with certain plates for the purpose of reproducing -privately drawings which had from time to time been -made by Queen Victoria and the Prince Consort, in breach -of the trust reposed in him sold impressions to the defendant, -who published a descriptive catalogue of the drawings. Knight -Bruce, V. C., granted an injunction against the publication of the -catalogue. In <i>Reuter's Telegram Co.</i> v. <i>Byron</i><a id="FNanchor_1163" href="#Footnote_1163" class="fnanchor">[1163]</a> the defendants -had for some time acted as agents in Australia of the plaintiff -company, sending on and receiving telegraphic messages on their -behalf. In the course of this agency they became acquainted -with the cypher used by many of the company's customers. -On the termination of their employment the defendants started -a rival telegram business and sent circulars to the plaintiffs' -customers, mentioning that they had their cyphers. On a -motion to restrain the defendants from making use of the -list of cyphers acquired in the plaintiffs' employment, Jessel, -M. R., refused an interim injunction. He said:</p> - -<blockquote> - -<p>"The Court will always restrain a man from publishing or divulging -that which has been communicated to him in confidence. But this is a -<span class="pagenum" id="Page_217">[217]</span> -totally different case. The plaintiffs do not here seek to restrain the -defendants from publishing anything but from making use of knowledge -acquired while the relation of principal and agent subsisted after that -relation terminated."</p></blockquote> - -<p>In <i>Lamb</i> v. <i>Evans</i><a id="FNanchor_1164" href="#Footnote_1164" class="fnanchor">[1164]</a> the defendants had been employed by the -plaintiff as canvasser for his trade directory. On the termination -of their employment they published a rival directory and made -use of blocks and notes which they had acquired in the plaintiff's -employment. The Court held that this was an improper use -for the defendants to make of materials so acquired. Bowen, -L. J., in his judgment, said:</p> - -<blockquote> - -<p>"It is not a question of copyright—that must be kept out of sight -altogether—nor is it, on the other hand, a simple question of the absolute -property at law in the documents themselves or in the blocks themselves. -It is a question of whether the plaintiff, whatever the property in the -documents may be or whatever the property in the materials may be, has -not sufficient special property in them to entitle him to restrain the use of -them against him when they had been obtained for his use by his agents -in the course of their employment. That depends entirely, I think, on -the terms upon which the employment was constituted, through which -the fiduciary relation of principal and agent came into existence."</p></blockquote> - -<p>In commenting on <i>Reuter's Telegram Co.</i> v. <i>Byron</i>, the same -judge said:</p> - -<blockquote> - -<p>"I think if Reuter's case is to be judged by the result, it no doubt is -right—and Sir George Jessel was generally right—but I do not think that -the propositions reported in the <i>Law Journal</i> as laid down by him can be -considered to be sound. It seems to me that as a matter at law or as a -matter of equity, the conduct of the defendants in that case cannot be -justified to the extent to which the learned judge is made by the report to -justify it. If Reuter's case is cited as an authority for the propositions -which the Master of the Rolls is there stated to have laid down, I am -not prepared to follow it."</p></blockquote> - -<p>In <i>Merryweather</i> v. <i>Moore</i><a id="FNanchor_1165" href="#Footnote_1165" class="fnanchor">[1165]</a> a clerk while in the employment of -a firm of engine-makers had made a table of dimensions of various -types of engines. After he had left their employment he was restrained -from publishing or communicating the table or its contents -to any one. In <i>Louie</i> v. <i>Smellie</i><a id="FNanchor_1166" href="#Footnote_1166" class="fnanchor">[1166]</a> the plaintiff carried on a -<span class="pagenum" id="Page_218">[218]</span> -business as a process server, the defendant while in his employment -secretly made extracts from the plaintiff's register and index -of agents and copies of the plaintiff's forms. He was restrained -from making use of such extracts in competition with the -plaintiff after he had left his employment and set up as a process -server on his own account. Lindley, L. J., in his judgment, -said:</p> - -<blockquote> - -<p>"As to the law it has been clearly laid down in <i>Lamb</i> v. <i>Evans</i>. It is -not new law, it is as old as the hills. The good faith that existed between -employer and employed rendered it improper for the employed to make -use of any information acquired by him during the period of the confidential -relationship."</p></blockquote> - -<p>The injunction was granted in these terms:</p> - -<blockquote> - -<p>"An injunction to restrain the defendant, his servants, and agents -from making use of any copies or extracts from the plaintiff's register of -agents, or index of agents, or any memoranda made or obtained by the -defendant when in the plaintiff's employ relating to any person named in -these books or either of them."</p></blockquote> - -<p>In <i>Robb</i> v. <i>Green</i>,<a id="FNanchor_1167" href="#Footnote_1167" class="fnanchor">[1167]</a> the defendant having been employed as -manager of the plaintiff's business, secretly copied a list of -the names and addresses of his customers. On leaving the -plaintiff's employment he set up a similar business, but was -restrained from making use of the list of his late master's customers. -In <i>Gilbert</i> v. <i>Star Newspaper</i><a id="FNanchor_1168" href="#Footnote_1168" class="fnanchor">[1168]</a> the members of a -theatrical company taking part in the rehearsal of a new opera -were held to be under an obligation not to disclose any information -concerning it until it should be publicly performed, -and the Court restrained a critique published in a daily newspaper -on the ground that the material for it must have been -unlawfully procured.</p> - -<p>In these cases it is not only the party who is in breach of contract -or confidential relationship that will be restrained. The -Court will restrain any one who, knowing how the material has -been acquired, makes use of it.<a id="FNanchor_1169" href="#Footnote_1169" class="fnanchor">[1169]</a> In <i>Tipping</i> v. <i>Clarke</i>,<a id="FNanchor_1170" href="#Footnote_1170" class="fnanchor">[1170]</a> Wigram, -V. C., said that if the defendant availed himself surreptitiously of -<span class="pagenum" id="Page_219">[219]</span> -the information which he could not have had except from a -person guilty of a breach of contract in communicating it, he -could not be permitted to avail himself of such breach of -contract. In <i>Abernethy</i> v. <i>Hutchinson</i>,<a id="FNanchor_1171" href="#Footnote_1171" class="fnanchor">[1171]</a> Lord Eldon said:</p> - -<blockquote> - -<p>"How the gentleman who had published the letters came by them he -did not know; but whether an action would be maintained against them -or not on the footing of implied contract, an injunction undoubtedly -might be granted, because if there had been a breach of contract on the -part of the pupil who heard these lectures, and if the pupil could not -publish for profit, to do so would certainly be what this Court would call -a fraud upon a third party."</p></blockquote> - -<p>Thus in <i>Prince Albert</i> v. <i>Strange</i><a id="FNanchor_1172" href="#Footnote_1172" class="fnanchor">[1172]</a> the defendant obtained -the information from the person in whom the plaintiff's -confidence was placed, and was on that account restrained. -In the <i>Exchange Telegraph Co.</i> v. <i>Central News</i><a id="FNanchor_1173" href="#Footnote_1173" class="fnanchor">[1173]</a> the Court -restrained a third party from publishing information which -he had obtained by inducing a subscriber to the Telegraph -Company to break his contract. If there has been a breach -of contract or trust the Court will assume a guilty knowledge -in the case of a third person, who, being in possession -of the material, cannot give any satisfactory explanation.<a id="FNanchor_1174" href="#Footnote_1174" class="fnanchor">[1174]</a> -If a third party acquire innocently and for value materials or -information originally procured in breach of trust or contract, it -seems questionable, apart from any absolute right in the plaintiff, -such as a right to manuscript, whether he can be restrained -from making use of them in any publication. If the original -act amounts to fraud or crime, certainly the Court will not protect -even an innocent purchaser. "Let the hand receiving it be -ever so chaste, if it comes through such a corrupt and polluted -channel, the obligation of restitution must follow."<a id="FNanchor_1175" href="#Footnote_1175" class="fnanchor">[1175]</a> But if the -original act amounted to no more than breach of confidence or -contract, it may be different, and a purchaser for value and -without notice may be excused.<a id="FNanchor_1176" href="#Footnote_1176" class="fnanchor">[1176]</a> The point must be considered -<span class="pagenum" id="Page_220">[220]</span> -doubtful.<a id="FNanchor_1177" href="#Footnote_1177" class="fnanchor">[1177]</a> The ground of action on breach of faith or -contract may sometimes exist concurrently with a ground of -action on copyright, and may be useful if there are any technical -difficulties in the plaintiff's way as to copyright.<a id="FNanchor_1178" href="#Footnote_1178" class="fnanchor">[1178]</a></p> - -<p><b>Unpublished Works.</b>—The author and his assignees have the -right of first publication; this right at common law is unaffected -by the Copyright Acts, and is a right in perpetuity. The -right in literary matter in manuscript is clearly one of property, -and is independent of any confidential or contractual relation -between the author and those who interfere with his property -without authority. "It cannot," said Lord Halsbury in <i>Caird</i> v. -<i>Sime</i>,<a id="FNanchor_1179" href="#Footnote_1179" class="fnanchor">[1179]</a> "be denied that in the present state of the law an author -has a proprietary right in his unpublished literary productions." -An author may choose his own time to publish or may choose -never to publish at all, and he may proceed against any one -who attempts to publish or otherwise deals without his authority -with his unpublished work. This was definitely decided in -<i>Donaldson</i> v. <i>Beckett</i><a id="FNanchor_1180" href="#Footnote_1180" class="fnanchor">[1180]</a> when the question among others was put -to the judges: "Whether at common law an author of any book -or literary composition had the sole right of first printing or -publishing the same for sale; and might bring an action against -any person who printed, published, and sold the same without -his consent?" Ten out of eleven judges consulted answered -that there was such a right, and eight of them that an action lay -in cases of infringement. Two of the judges, however, were of -opinion that an action lay against an infringer only when the -manuscript had been obtained by fraud or violence. Only one -judge held that there was no right of first publication. In <i>Prince -Albert</i> v. <i>Strange</i><a id="FNanchor_1181" href="#Footnote_1181" class="fnanchor">[1181]</a> Lord Cottenham, L. C., considered the law as -well settled and beyond dispute. He says:</p> - -<blockquote> - -<p>"The property of an author or composer of any work, whether of -literature, art, or science, in such work unpublished and kept for his -<span class="pagenum" id="Page_221">[221]</span> -private use or pleasure, cannot be disputed after the many decisions in -which the proposition has been affirmed or assumed."</p></blockquote> - -<p>The right of an author to his unpublished work is of a much -wider and more exclusive nature than his right to published -matter. It probably extends to prohibit any kind of interference -whatsoever.<a id="FNanchor_1182" href="#Footnote_1182" class="fnanchor">[1182]</a> The public have not the right of "fair use" comment -and criticism which they have in a published work. In -<i>Prince Albert</i> v. <i>Strange</i> Knight Bruce, V. C.,<a id="FNanchor_1183" href="#Footnote_1183" class="fnanchor">[1183]</a> says:</p> - -<blockquote> - -<p>"A work lawfully published in the popular sense of the term stands -in this respect, I conceive, differently from a work which has never been -in that situation. The former may be liable to be translated, abridged, -analysed, exhibited in morsels, complimented and otherwise treated in a -manner that the latter is not."</p></blockquote> - -<p>The reason that private documents of a man should be protected -from any interference whatsoever is sufficiently obvious. -"A man," says Knight Bruce, V. C., in the same case,<a id="FNanchor_1184" href="#Footnote_1184" class="fnanchor">[1184]</a> "may -employ himself in private in a manner very harmless, but which -disclosed to society may destroy the comfort of his life or even -his success in it." In <i>Miller</i> v. <i>Taylor</i><a id="FNanchor_1185" href="#Footnote_1185" class="fnanchor">[1185]</a> Yates, J., expresses the -principle of the common law protection:</p> - -<blockquote> - -<p>"Ideas are free. But while the author confines them to his study -they are like birds in a cage which none but he can have a right to let fly; -for till he thinks proper to emancipate them they are under his own -dominion. It is certain every man has a right to keep his own sentiments -if he pleases: he has certainly a right to judge whether he will make -them public or commit them only to the sight of his friends. In that state -the manuscript is in every sense his peculiar property, and no man can take -it from him or make any use of it which he has not authorised without -being guilty of a violation of his property."</p></blockquote> - -<p>The common law right in manuscript ceases upon "communication -to the public" with the consent of the author,<a id="FNanchor_1186" href="#Footnote_1186" class="fnanchor">[1186]</a> but it -may still continue notwithstanding some kind of communication -to others. The communication in order to divest the owner of -common law right must be an abandonment of his ideas and -<span class="pagenum" id="Page_222">[222]</span> -words to the use of the public at large. Representation on the -stage, delivery as a lecture, a gift or loan of the manuscript to a -friend do not <i>ipso facto</i> determine the author's right of property.<a id="FNanchor_1187" href="#Footnote_1187" class="fnanchor">[1187]</a> -The questions in cases of alleged unlawful publication of manuscript -are usually: What is to be presumed as the reasonable understanding -between the author and the persons to whom literary -matter in the manuscript is communicated? Are they intended -to have the right of making any use they please of it, or do the -circumstances raise a presumption that they may only use it for -a limited purpose? In <i>Macklin</i> v. <i>Richardson</i><a id="FNanchor_1188" href="#Footnote_1188" class="fnanchor">[1188]</a> the Court held -that although a play had been performed on the stage, that was -only a limited publication of it, and therefore the exclusive right -to publish remained in the author.<a id="FNanchor_1189" href="#Footnote_1189" class="fnanchor">[1189]</a> In <i>Nicols</i> v. <i>Pitman</i><a id="FNanchor_1190" href="#Footnote_1190" class="fnanchor">[1190]</a> a -lecture delivered at a Working Men's College from a manuscript -previously prepared, was reproduced by the defendant without -the plaintiff's consent. Kay, J., granted an injunction. In -<i>Caird</i> v. <i>Sime</i><a id="FNanchor_1191" href="#Footnote_1191" class="fnanchor">[1191]</a> the professor of moral philosophy in Glasgow -University delivered a course of lectures in pursuance of his -duty as professor. These were published by a bookseller from -notes taken by a student. It was strenuously argued that the -professorship being a <i>munus publicum</i> and the classes being open -to all comers, the delivery of the lectures was really a publication -without reserve to the whole world. The House of Lords rejected -this argument, and held that the right to publish was -reserved, the persons who were present at the lecture not being -the general public, but a limited class of the public selected and -admitted for the sole and special purpose of receiving individual -instruction. Lord Halsbury, L. C., in giving judgment, suggested -possible cases where it would be implied from the circumstances -that there was publication to the world at large:</p> - -<blockquote> - -<p>"It is intelligible that when a person speaks a speech to which all the -world is invited, either expressly or impliedly, to listen, or preaches a -sermon<a id="FNanchor_1192" href="#Footnote_1192" class="fnanchor">[1192]</a> in a church, the doors of which are thrown open to all mankind, -the mode and manner of publication negative, as it appears to me, any -limitation."<a id="FNanchor_1193" href="#Footnote_1193" class="fnanchor">[1193]</a></p></blockquote> - -<p><span class="pagenum" id="Page_223">[223]</span></p> - -<p>The same rules apply to communication by delivery of the -manuscript or a copy. If I give my manuscript to another to -read or for any other limited purpose, he may not exceed the -limits of use expressly or impliedly agreed. Publication by -printing and circulation among a limited class will not destroy -the common law right.<a id="FNanchor_1194" href="#Footnote_1194" class="fnanchor">[1194]</a></p> - -<p>The common law right in a manuscript may be abandoned -by neglect or acquiescence in an adverse use. Thus it was said -that Southey had no right to complain when having left his -poem "Wat Tyler" in the hands of a publisher for twenty-three -years the publisher published it for his own profit.<a id="FNanchor_1195" href="#Footnote_1195" class="fnanchor">[1195]</a></p> - -<p>A man's right to the exclusive use of his unpublished work -does not depend on its value, and it is immaterial whether he -did or did not intend to make profit by its publication.<a id="FNanchor_1196" href="#Footnote_1196" class="fnanchor">[1196]</a> It is -also immaterial whether the publication would prove creditable -or discreditable, advantageous or disadvantageous.<a id="FNanchor_1197" href="#Footnote_1197" class="fnanchor">[1197]</a></p> - -<p>The question has been raised whether the Courts would -prevent an unauthorised person from publishing manuscript of -an immoral nature which the author may have repented of and -refused to place before the public.<a id="FNanchor_1198" href="#Footnote_1198" class="fnanchor">[1198]</a></p> - -<p>Ignorance of the author's right is no defence to an action -for interfering with unpublished literary matter. A <i>bonâ fide</i> -purchaser for value gets no better title than the original -pirate.<a id="FNanchor_1199" href="#Footnote_1199" class="fnanchor">[1199]</a></p> - -<p><b>Speeches and Sermons.</b>—Literary matter delivered orally from -an extempore composition without having been previously reduced -to writing, is protected at common law from unauthorised -use. The extent of the protection as in the case of delivery -from manuscript is defined by the terms of the relationship -existing between the speaker and his audience. He may have -freely abandoned all exclusive interest in the matter of his -address, or he may give them only the right to listen, or he may -<span class="pagenum" id="Page_224">[224]</span> -give them the right of taking notes and using them for their own -instruction. It seems to be doubtful, however, whether the -right in unwritten speeches is one based on property, or whether -it must depend entirely on implied contract between the speaker -and his audience. In <i>Abernethy</i> v. <i>Hutchinson</i><a id="FNanchor_1200" href="#Footnote_1200" class="fnanchor">[1200]</a> Dr. Abernethy -delivered surgical lectures to students at St. Bartholomew's -Hospital. These lectures had not been previously reduced to -writing. Lord Eldon, L. C., granted an injunction against their -unauthorised reproduction in the <i>Lancet</i>. There was no evidence -as to how the defendants got possession of the lectures, -but Lord Eldon thought that was immaterial:</p> - -<blockquote> - -<p>"They must have been taken from a pupil or otherwise in such a way -as the Court would not permit, and the injunction ought to go on the -ground of property, and although there was not sufficient to establish an -implied contract as between the plaintiffs and the defendants, yet it must -be decided that as the lectures must have been procured in an undue -manner from those who were under a contract not to publish for profit, -there was sufficient to authorise the Court to say the defendants shall not -publish."</p></blockquote> - -<p>In <i>Nicols</i> v. <i>Pitman</i><a id="FNanchor_1201" href="#Footnote_1201" class="fnanchor">[1201]</a> a case of previously written lectures, -Kay, J., reviews the judgment of Lord Eldon in the last cited -case:</p> - -<blockquote> - -<p>"Now it is quite true that the learned judge seems at one moment to -refer to the ground of property and at another to that of implied contract. -But I take his meaning to be this, that when a lecture of this kind is -delivered to an audience, especially when the audience is a limited one -admitted by tickets, the understanding between the lecturer and the -audience is that, whether the lecture has been committed to writing beforehand -or not, the audience are quite at liberty to take the fullest notes they -like for their own personal purposes, but they are not at liberty having -taken those notes to use them afterwards for the purpose of publishing -the lecture for profit."</p></blockquote> - -<p>The question of whether the right in an oral speech is property -or not might well be of the highest importance in a question -between the speaker and a publisher who acquired the -matter in entire ignorance of his right. The facts might be such -that the Court would not, as they did in <i>Abernethy</i> v. <i>Hutchinson</i>,<a id="FNanchor_1202" href="#Footnote_1202" class="fnanchor">[1202]</a><span class="pagenum" id="Page_225">[225]</span> -presume that the material "must have been procured in an -undue manner." If there was no such presumption from the -facts, it would appear that, apart from a right of property, the -speaker must be without remedy unless he has given notice as -a lecturer within 5 & 6 Will. IV. c. 65.<a id="FNanchor_1203" href="#Footnote_1203" class="fnanchor">[1203]</a></p> - -<p><b>Letters.</b>—Private letters are protected from publication as -much as any other manuscript. In an early case<a id="FNanchor_1204" href="#Footnote_1204" class="fnanchor">[1204]</a> it was -suggested that there could be no property in business letters or -others with no literary merit; but as the idea of literary merit -in connection with copyright is now entirely exploded, the -<i>obiter dicta</i> in this case may be disregarded. In all letters then -there is a literary property in the writer which entitles him or -his executors to prohibit any publication without his consent, -express or implied.<a id="FNanchor_1205" href="#Footnote_1205" class="fnanchor">[1205]</a> It is immaterial whether the publication is -for the purpose of profit or not.<a id="FNanchor_1206" href="#Footnote_1206" class="fnanchor">[1206]</a> If a letter is written by one as -agent for another the property is in the principal, and the agent -cannot restrain him from publishing.<a id="FNanchor_1207" href="#Footnote_1207" class="fnanchor">[1207]</a> The receiver of a letter -has a property in the paper on which it is written<a id="FNanchor_1208" href="#Footnote_1208" class="fnanchor">[1208]</a> and is -entitled to retain possession even against the writer. The receiver -may make no use of a letter except such as is implied in the -sending or with the consent of the writer.<a id="FNanchor_1209" href="#Footnote_1209" class="fnanchor">[1209]</a> The receiver may -even be restrained from parting with possession or showing -the letters to any one.<a id="FNanchor_1210" href="#Footnote_1210" class="fnanchor">[1210]</a> The receiver is probably entitled to -prevent the publication of the letters from copies not in his -possession or from the originals which have passed from -his possession.<a id="FNanchor_1211" href="#Footnote_1211" class="fnanchor">[1211]</a></p> - -<p>Although the sender has a right of property in the literary -matter in the letters, the receiver may without his consent -destroy the letters and so destroy the writer's chance of obtaining -benefit from them. The literary property of the writer and -<span class="pagenum" id="Page_226">[226]</span> -the property in the paper of the receiver descend to their respective -executors.<a id="FNanchor_1212" href="#Footnote_1212" class="fnanchor">[1212]</a> The question has been suggested but never answered: -What would be the rights of trustees in bankruptcy to publish -for the benefit of creditors private letters?<a id="FNanchor_1213" href="#Footnote_1213" class="fnanchor">[1213]</a> Letters may be -published against the will of the writer when published <i>bonâ fide</i> -for the purpose of vindication of character.<a id="FNanchor_1214" href="#Footnote_1214" class="fnanchor">[1214]</a><span class="pagenum" id="Page_227">[227]</span> -</p> - -<hr class="chap" /> -<h2>CHAPTER XII<br /> - -PUBLISHING AND PRINTING AGREEMENTS</h2> - -<p><i>Publishers' Agreements.</i>—These agreements are governed by -the law of contract, and only incidentally involve questions of -copyright. The contract between an author and his publisher -is a personal one and cannot be assigned; each party is presumed -to have relied on the personal skill or reputation of the -other.<a id="FNanchor_1215" href="#Footnote_1215" class="fnanchor">[1215]</a> Thus it was held that a half profit agreement could not -be assigned by a publisher's firm to a firm which had succeeded -to their business but which contained none of the partners -of the original firm.<a id="FNanchor_1216" href="#Footnote_1216" class="fnanchor">[1216]</a> The same principle has been applied in -the case of a limited company carrying on a publishing business.<a id="FNanchor_1217" href="#Footnote_1217" class="fnanchor">[1217]</a> -A publishing agreement ought to provide for an assignment -of the publisher's rights and obligations to the person or persons -who may succeed to the business. Unless otherwise agreed, -the death or bankruptcy of a publisher will terminate a publishing -agreement.<a id="FNanchor_1218" href="#Footnote_1218" class="fnanchor">[1218]</a> Similarly if an author had not performed -his part of an agreement, viz. to write and revise the manuscript, -his death<a id="FNanchor_1219" href="#Footnote_1219" class="fnanchor">[1219]</a> or bankruptcy<a id="FNanchor_1220" href="#Footnote_1220" class="fnanchor">[1220]</a> would terminate his obligations in -that respect. The publisher could not insist on the author's -representatives completing the work, nor could they if they -completed the work insist on the publisher publishing.<a id="FNanchor_1221" href="#Footnote_1221" class="fnanchor">[1221]</a></p> - -<p>An agreement to write a book or an article cannot be enforced -by specific performance.<a id="FNanchor_1222" href="#Footnote_1222" class="fnanchor">[1222]</a> The only remedy for breach -is an action for damages,<a id="FNanchor_1223" href="#Footnote_1223" class="fnanchor">[1223]</a> or, if the author has agreed not to -<span class="pagenum" id="Page_228">[228]</span> -write on a particular subject for any one else, that may be -enforced by an injunction.<a id="FNanchor_1224" href="#Footnote_1224" class="fnanchor">[1224]</a> An agreement to assign a copyright -may be enforced by specific performance,<a id="FNanchor_1225" href="#Footnote_1225" class="fnanchor">[1225]</a> and probably -also an agreement to furnish an unpublished manuscript already -completed. An undertaking to write a book on a particular -subject is not fulfilled by furnishing a translation of a foreign -work on that subject.<a id="FNanchor_1226" href="#Footnote_1226" class="fnanchor">[1226]</a> If A agrees with B to write an article -for a certain publication or series of publications, and if before -the article can be published the publication or series has been -discontinued, A is not bound to deliver his article for publication -in another form; but he is entitled to a <i>quantum meruit</i> for -the work he has done.<a id="FNanchor_1227" href="#Footnote_1227" class="fnanchor">[1227]</a></p> - -<p>If an author has entered into a royalty agreement with a -publisher he is not, apart from express agreement, under any -obligation not to publish the work through another publisher -before the first edition has been sold out.<a id="FNanchor_1228" href="#Footnote_1228" class="fnanchor">[1228]</a> An author should -therefore be bound not to publish elsewhere so long as the -publisher is willing and ready to publish, and if this is done the -publisher may restrain the author or another publisher who -publishes with notice of his agreement.<a id="FNanchor_1229" href="#Footnote_1229" class="fnanchor">[1229]</a> In a half profit agreement -where nothing was said as to future editions, it was -thought that the contract might probably be determined by -either party on the expiry of each edition and before any expense -had been incurred in respect of a future edition; but until that -was done the publisher had the exclusive right to publish and -recoup himself for his outlay and earn profits.<a id="FNanchor_1230" href="#Footnote_1230" class="fnanchor">[1230]</a></p> - -<p>It is not illegal as being in restraint of trade for an author to -contract to write only for a single publisher or theatrical manager,<a id="FNanchor_1231" href="#Footnote_1231" class="fnanchor">[1231]</a> -nor for a publisher to contract not to publish a particular class -of work.<a id="FNanchor_1232" href="#Footnote_1232" class="fnanchor">[1232]</a> If an editor engages to give his whole time to a -publication, he will be restrained from engaging in or advertising -<span class="pagenum" id="Page_229">[229]</span> -any rival work.<a id="FNanchor_1233" href="#Footnote_1233" class="fnanchor">[1233]</a> Unless there is an express stipulation an -author will not be prevented under a publishing agreement from -writing and publishing other books on the same subject provided -they do not reproduce in whole or in part the former -book.<a id="FNanchor_1234" href="#Footnote_1234" class="fnanchor">[1234]</a> If there is an express stipulation against publishing -similar works, both the author and his publisher would be -restrained from doing so.<a id="FNanchor_1235" href="#Footnote_1235" class="fnanchor">[1235]</a> Apart from express agreement a -publisher is probably free to publish any other rival work he -pleases, even although it may seriously affect the sale of the -former book.<a id="FNanchor_1236" href="#Footnote_1236" class="fnanchor">[1236]</a></p> - -<p>In the absence of express stipulation, the publisher under a -half profit agreement has been held entitled to fix the selling -price, choose the embellishments, and generally control the -publication.<a id="FNanchor_1237" href="#Footnote_1237" class="fnanchor">[1237]</a></p> - -<p>In a publishing agreement it should always be expressly -stated who is to hold the copyright. It has been held that -where no mention of the copyright was made a half profit -agreement did not import a transfer of the copyright to the -publisher.<a id="FNanchor_1238" href="#Footnote_1238" class="fnanchor">[1238]</a> In editorial agreements as to newspapers or magazines -similar careful provision should be made as to who is to -own the copyright and the goodwill in the name, otherwise -difficult questions may arise.<a id="FNanchor_1239" href="#Footnote_1239" class="fnanchor">[1239]</a></p> - -<p>Where the author of a novel sold the copyright therein to -the owners of a periodical, reserving to himself the right to -publish in "volume form," it was held that under this agreement -he was entitled to publish the work in weekly parts, which -when completed could be bound into a volume.<a id="FNanchor_1240" href="#Footnote_1240" class="fnanchor">[1240]</a></p> - -<p>An indemnity given by an author to a publisher against proceedings -for libel is void if the publisher knew or ought to have -known that the matter was libellous.<a id="FNanchor_1241" href="#Footnote_1241" class="fnanchor">[1241]</a> The publisher, however,<span class="pagenum" id="Page_230">[230]</span> -would be entitled to rely on such an indemnity if he acted -innocently. The same principle would apply to proceedings -for infringement of copyright.</p> - -<p>A publishing agreement may be made orally unless, which -will seldom happen, it cannot be performed within a year from -the making thereof, in which case there must be a written -memorandum of the terms to satisfy the Statute of Frauds.<a id="FNanchor_1242" href="#Footnote_1242" class="fnanchor">[1242]</a></p> - -<p>The agreement, if in writing, must be stamped with the -usual sixpenny agreement stamp. If it contains a conveyance -of a copyright it will probably have to be stamped with <i>ad -valorem</i> duty under section 53 of the Stamp Act.<a id="FNanchor_1243" href="#Footnote_1243" class="fnanchor">[1243]</a> If the work -is unpublished at the time of the agreement the whole interest -in the manuscript can be conveyed by delivery; in the -case of a published work the copyright could be conveyed by -entry on the register, so that in neither case need there be a -conveyance in the agreement, and the stamp duty can thus be -avoided. If a copyright is conveyed by entry on the register, -the Copyright Act expressly exempts the conveyance from -duty.<a id="FNanchor_1244" href="#Footnote_1244" class="fnanchor">[1244]</a></p> - -<p><i>Printers' Agreements.</i>—A printer has a lien on the books -printed by him for his printing charges.<a id="FNanchor_1245" href="#Footnote_1245" class="fnanchor">[1245]</a> He has no lien on -stereotype plates for the amount of the bill for printing from -them.<a id="FNanchor_1246" href="#Footnote_1246" class="fnanchor">[1246]</a> If the printer does not print his name and address on -a book as required by Act of Parliament<a id="FNanchor_1247" href="#Footnote_1247" class="fnanchor">[1247]</a> he will not be entitled -to recover his printing charges.<a id="FNanchor_1248" href="#Footnote_1248" class="fnanchor">[1248]</a> An order to print a certain -number of copies of a book must as a rule be treated as an -entire order, and no payment will fall due until the whole are -complete and ready for delivery, so that if when half finished -they are destroyed by fire he will not be entitled to recover for -the work done.<a id="FNanchor_1249" href="#Footnote_1249" class="fnanchor">[1249]</a> A printer does not insure the manuscript when -<span class="pagenum" id="Page_231">[231]</span> -in his possession,<a id="FNanchor_1250" href="#Footnote_1250" class="fnanchor">[1250]</a> but is only liable for loss occasioned by his -negligence.</p> - -<p>A printer cannot maintain an action in respect of his charges -for printing an immoral or seditious work, knowing it to be -such.<a id="FNanchor_1251" href="#Footnote_1251" class="fnanchor">[1251]</a> If while a book is being printed by him he discovers that -it contains libellous, seditious, or immoral matter, he would be -entitled to discontinue the printing and sue for the work already -done.<a id="FNanchor_1252" href="#Footnote_1252" class="fnanchor">[1252]</a></p> - -<hr class="tb" /> - -<h3>ADDENDUM</h3> - -<p><b>Musical Copyright, Summary Remedies.</b>—A Bill has passed both -Houses of Parliament and awaits the Royal Assent whereby, after October -1902, owners of copyright in music may proceed in a Court of summary -jurisdiction against persons dealing in pirated music. Piratical copies -which are being hawked or offered for sale may be seized by a constable -without warrant and brought before the Court, which, on proof, may order -the copies to be forfeited or destroyed, and inflict a penalty not exceeding -twenty pounds on any one offender in respect of the same transaction. -This Act will not apply outside the United Kingdom. -<span class="pagenum" id="Page_232">[232]</span> -<br /> -<span class="pagenum" id="Page_233">[233]</span></p> - -<hr class="full" /> -<h2>PART II<br /> - -THE LAW OF COPYRIGHT IN THE UNITED STATES</h2> - -<p><span class="pagenum" id="Page_234">[234]</span> -<br /> -<span class="pagenum" id="Page_235">[235]</span></p> - -<hr class="chap" /> -<h2>CHAPTER I</h2> - -<h3>INTRODUCTORY</h3> - -<p>The law of copyright in the United States, especially in -relation to literary work, is daily becoming of more interest to -the owners of copyright in this country. Since the <i>Act of -Congress</i>, 1891, commonly known as the <i>Chace Act</i>, those who -are neither citizens of nor resident in the United States can -acquire a copyright therein if copies of their books are printed -from type set up in the United States and if their books -are duly recorded there before publication either within or -outside the United States. There is thus created for English -authors a property which may be of considerable value if -before publishing here they incur the trouble and expense of -printing and recording their books in America.</p> - -<p>Apart from this commercial interest which English authors -and publishers have in a knowledge of American copyright -law, there is the further interest to English lawyers in the -large body of analogous case law to which the American -statutes have given rise. These statutes were originally founded -on our own statute of Anne, and, although the difference -between the Acts now in force in the two countries is very -wide in many respects, a great deal remains the same in -substance, and the decisions of the American Courts afford -us valuable precedents. These cases, however, must not be -cited in our Courts at random, as has too frequently been -done. In citing from the American reports, it is essential -to compare the statutory provisions in America with the -statutory provisions in this country, and ascertain whether -the decisions are really applicable or not. It is for this -reason that I have thought it expedient to keep the American -law and the English law entirely separate. The practice of citing -American cases promiscuously throughout a treatise on English -Copyright Law I have found to be confusing and misleading. -<span class="pagenum" id="Page_236">[236]</span></p> - -<hr class="chap" /> -<h2>CHAPTER II<br /> - -WHAT WORKS ARE ENTITLED TO COPYRIGHT</h2> - -<p>In order to acquire copyright in the United States the work -must fulfil the following conditions:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. It must be an original literary or artistic work.</span> - -<span class="i0">2. The (owner/author) must be a citizen of the United States (or -resident therein), or of a foreign country proclaimed -to that intent by the President.<a id="FNanchor_1253" href="#Footnote_1253" class="fnanchor">[1253]</a></span> - -<span class="i0">3. It must have complied with the formalities prescribed -by the statutes of the United States.<a id="FNanchor_1254" href="#Footnote_1254" class="fnanchor">[1254]</a></span> - -<span class="i0">4. It must be innocent.<a id="FNanchor_1255" href="#Footnote_1255" class="fnanchor">[1255]</a></span> -</div></div> - -<h3><span class="smcap">Section I.—An Original Literary or Artistic Work.</span></h3> - -<p>In the United States literary and artistic works are treated -similarly under the same series of statutes. The works protected -are enumerated in section 4952 of the Revised Statutes as -amended by the Act of March 3, 1891 (<i>The Chace Act</i>). The -protection extends to any book, map, chart, dramatic or -musical composition, engraving, cut, print, or photograph or -negative thereof, and to any painting, drawing, chromo, statue, -statuary, and to models or designs intended to be perfected as -works of the fine arts.</p> - -<div class="sidenote">The scope -of the Constitution.</div> - -<p>In considering whether a work is within the protection of -the Copyright Acts, not only must the enacting words of the -statutes be considered, but also, and perhaps principally, the -scope of the provision in the Constitution, which grants power -to Congress to secure the protection of authors and artists.<a id="FNanchor_1256" href="#Footnote_1256" class="fnanchor">[1256]</a> -The language of the Act must be read in connection with the -Constitutional provision and be so construed as to promote the -<span class="pagenum" id="Page_237">[237]</span> -object and conform to the purpose expressed therein. The -power given to Congress by the Constitution is a power "to -promote the progress of science and useful arts by securing for -limited times to authors and inventors the exclusive right to -their respective writings and discoveries." In consideration of -this restricted power the earlier decisions<a id="FNanchor_1257" href="#Footnote_1257" class="fnanchor">[1257]</a> construed the Acts -of Congress as including only those works which showed a -certain degree of intellectual labour in the arts or sciences. -In <i>Clayton</i> v. <i>Stone</i><a id="FNanchor_1258" href="#Footnote_1258" class="fnanchor">[1258]</a> protection was refused to a daily price -current or review of the markets issued in a newspaper. -Thompson, J., in giving judgment, said:</p> - -<blockquote> - -<p>"The Act was passed in execution of the power given by Congress, -and the object therefore was the promotion of science; and it would -certainly be a pretty extraordinary view of the sciences to consider a daily -or weekly publication of the state of the market as falling within any class -of them. They are of a more fixed, permanent, and durable character. -The term science cannot with any propriety be applied to a work of so -fluctuating and fugitive a form as that of a newspaper or price current, the -subject-matter of which is daily changing, and is of mere temporary use.... -The title of the Act of Congress is for the encouragement of learning, -and was not intended for the encouragement of mere industry unconnected -with learning and the sciences."</p></blockquote> - -<div class="sidenote">Illustrated Catalogues.</div> - -<p>This high standard of intellectual requirement was not, -however, strictly maintained. In <i>Brightley</i> v. <i>Littleton</i><a id="FNanchor_1259" href="#Footnote_1259" class="fnanchor">[1259]</a> a blank -form of application for a licence to sell liquor at retail, drawn -in pursuance of the statutes in that behalf, was protected, and it -was said that, although the matter claiming copyright must be -original and possess some possible utility, "the originality may -be of the lowest order and the utility barely perceptible." In -<i>Ladd</i> v. <i>Oxnard</i><a id="FNanchor_1260" href="#Footnote_1260" class="fnanchor">[1260]</a> the English cases of <i>Lamb</i> v. <i>Evans</i><a id="FNanchor_1261" href="#Footnote_1261" class="fnanchor">[1261]</a> and <i>Leslie</i> -v. <i>Young</i><a id="FNanchor_1262" href="#Footnote_1262" class="fnanchor">[1262]</a> were cited with approval, and the Court agreed that -"the quality and grade of original work required by the Courts -under the Copyright Statutes are very moderate." Until the -case of <i>Mott</i> v. <i>Clow</i>,<a id="FNanchor_1263" href="#Footnote_1263" class="fnanchor">[1263]</a> the tendency seems to have been to follow -<span class="pagenum" id="Page_238">[238]</span> -the English judges to their extreme view, as expressed by Lord -Halsbury in <i>Walter</i> v. <i>Lane</i>,<a id="FNanchor_1264" href="#Footnote_1264" class="fnanchor">[1264]</a> <i>i. e.</i> "that the copyright law requires -neither literary merit nor intellectual labour nor originality -either in thought or in language." The Court, however, in -<i>Mott</i> v. <i>Clow</i><a id="FNanchor_1265" href="#Footnote_1265" class="fnanchor">[1265]</a> refused to follow the English decisions. After -reviewing the American, and particularly the earlier American -decisions, they say:</p> - -<blockquote> - -<p>"The result of these decisions would seem to place this construction -upon the Constitutional provisions under consideration that only such -writings and discoveries are included which are the result of intellectual -labour; that the term writings may be liberally construed to include -designs for engravings and prints that are original and are founded in the -creative powers of the mind, the fruits of intellectual labour; that prints -upon a single sheet might be considered a book if it otherwise met the -spirit of the constitutional provision; and that to be entitled to a copyright, -the article must have, by and of itself, some value as a composition, -at least to the extent of serving some purpose other than a mere advertisement -or designation of the subject to which it is attached."</p></blockquote> - -<p>The "book" before the Court was a catalogue in the form -of a bound volume, containing illustrations of household wares -offered for sale, and giving the dimensions and price of each. -The Court referred to <i>Maple</i> v. <i>Junior Army and Navy Stores</i><a id="FNanchor_1266" href="#Footnote_1266" class="fnanchor">[1266]</a> -where a similar catalogue in England was protected.</p> - -<blockquote> - -<p>"It is to be observed in this case that it was ruled largely upon the -language of the Act of Parliament (5 & 6 Vict. c. 45).... It is to be here -remarked that the Parliament of Great Britain, unlike the Congress of the -United States, is unlimited in power, and with the construction and effect -placed upon the preamble of the Act by the Court, there would seem to -be little escape from the conclusion at which the Court arrived. In this -country under the Constitution the power lodged with the Congress is -not unlimited, but is restricted to the promotion of the progress of science -and useful arts. The ruling of the English Court is therefore not pertinent -except as it illustrates the subject."</p></blockquote> - -<p>The Court cited with approval <i>Baker</i> v. <i>Selden</i>,<a id="FNanchor_1267" href="#Footnote_1267" class="fnanchor">[1267]</a> which had -expressly approved <i>Cobbett</i> v. <i>Woodward</i>,<a id="FNanchor_1268" href="#Footnote_1268" class="fnanchor">[1268]</a> an English case -overruled in <i>Maple</i> v. <i>Junior Army and Navy Stores</i>;<a id="FNanchor_1269" href="#Footnote_1269" class="fnanchor">[1269]</a> they -further cited and approved the judgment of Thompson, J., in -<span class="pagenum" id="Page_239">[239]</span> -<i>Clayton</i> v. <i>Stone</i>,<a id="FNanchor_1270" href="#Footnote_1270" class="fnanchor">[1270]</a> quoted above. The judgment concludes with -the following paragraph:</p> - -<blockquote> - -<p>"It is possibly not beyond comprehension that pictures of slop-sinks, -wash-bowls, and bath-tubs, with or without letterpress statement of -dimensions and prices, though intended mainly for advertisement, may in -localities where such conveniences are not in common use, be the means -of instruction and of advancement in knowledge of the arts, and, when -they are the products of original intellectual thought, may possibly come -within the scope of the Constitutional provision. It is enough for the -present purpose to say that, in our judgment, the Congress has not seen -fit to enact a law which can reasonably be given so broad a construction."</p></blockquote> - -<div class="sidenote">Directories. -Dictionaries.</div> - -<div class="sidenote">Mercantile -Statistics.</div> - -<div class="sidenote">Forms of -Application.</div> - -<p>In considering the authority of some of the cases cited -below, the judgment in <i>Mott</i> v. <i>Clow</i><a id="FNanchor_1271" href="#Footnote_1271" class="fnanchor">[1271]</a> must not be lost sight of. -It is probable that some of these cases are not in accordance -with it, or with the older cases, such as <i>Clayton</i> v. <i>Stone</i><a id="FNanchor_1272" href="#Footnote_1272" class="fnanchor">[1272]</a> and -<i>Baker</i> v. <i>Selden</i><a id="FNanchor_1273" href="#Footnote_1273" class="fnanchor">[1273]</a> therein expressly approved. Subject to this -note of warning, the following may be taken as examples -of what have and what have not been accepted as works of -art or literature within the scope of the Constitution and the -Acts of Congress. Directories<a id="FNanchor_1274" href="#Footnote_1274" class="fnanchor">[1274]</a> and dictionaries<a id="FNanchor_1275" href="#Footnote_1275" class="fnanchor">[1275]</a> have both -been protected. In the case of the latter, there is copyright in -the definitions of the words, however short. A list of the credit -ratings of marble, granite, and stone dealers of the United States -and Canada was protected in <i>Ladd</i> v. <i>Oxnard</i>.<a id="FNanchor_1276" href="#Footnote_1276" class="fnanchor">[1276]</a> In <i>Clayton</i> v. -<i>Stone</i>,<a id="FNanchor_1277" href="#Footnote_1277" class="fnanchor">[1277]</a> which has been approved as sound law,<a id="FNanchor_1278" href="#Footnote_1278" class="fnanchor">[1278]</a> a daily state of -the market was refused protection. A racing guide containing -a list of race-horses and statistics as to their age and performances -was protected in one case,<a id="FNanchor_1279" href="#Footnote_1279" class="fnanchor">[1279]</a> and in the other case a list of -trotting horses and their paces.<a id="FNanchor_1280" href="#Footnote_1280" class="fnanchor">[1280]</a> In <i>Brightley</i> v. <i>Littleton</i><a id="FNanchor_1281" href="#Footnote_1281" class="fnanchor">[1281]</a> a -blank form of application for liquor licence was held to be -copyright. In <i>Carlisle</i> v. <i>Colusa County</i><a id="FNanchor_1282" href="#Footnote_1282" class="fnanchor">[1282]</a> copyright was denied -to a blank form of property statement for assessment purposes.<span class="pagenum" id="Page_240">[240]</span> -</p> -<p>This latter decision appears, however, to have been partly -on the ground that as the assessors were obliged to issue a -form, it would embarrass their duties if forms drawn up by -private persons were entitled to copyright.</p> - -<p>A circular in pamphlet form used as an advertisement, -and explaining a certain method of distribution of coupons -to cash purchasers from certain merchants named in the -pamphlet, has been held to be the subject of copyright.<a id="FNanchor_1283" href="#Footnote_1283" class="fnanchor">[1283]</a> -The circuit judge, however, in his judgment, says: "It requires -some stretch of imagination to say that this pamphlet -comes within the purpose of Congress, the encouragement of -learning, and the increase of useful knowledge, but the official -charged with the duty has granted a copyright to this pamphlet, -and his decision is accepted."<a id="FNanchor_1284" href="#Footnote_1284" class="fnanchor">[1284]</a></p> - -<div class="sidenote">Dramatic -Works.</div> - -<p>Dramatic works<a id="FNanchor_1285" href="#Footnote_1285" class="fnanchor">[1285]</a> have been protected, although not of a -very high literary standard. In <i>Henderson</i> v. <i>Tompkins</i><a id="FNanchor_1286" href="#Footnote_1286" class="fnanchor">[1286]</a> protection -was given to a topical song which was designed merely -to amuse. It was sufficient if it accomplished that purpose.</p> - -<div class="sidenote">Law -Reports.</div> - -<div class="sidenote">Statutes.</div> - -<p>Law Reports are protected so far as they consist of -original intellectual matter;<a id="FNanchor_1287" href="#Footnote_1287" class="fnanchor">[1287]</a> the protection may thus extend -to the title-page, table of cases, the head notes, the statements -of facts, the argument of counsel, the index, the order and -arrangement of cases, the numbering and pagination of the -volumes, the table of cases cited in the opinions, the subdivision -of the index into condensed titles, and the cross -references.<a id="FNanchor_1288" href="#Footnote_1288" class="fnanchor">[1288]</a> The original work of the reporter is alone protected.<a id="FNanchor_1289" href="#Footnote_1289" class="fnanchor">[1289]</a> -In the opinion of the Court there is no copyright;<a id="FNanchor_1290" href="#Footnote_1290" class="fnanchor">[1290]</a> -these constitute part of the law of the land open to all to -make use of as they please, and neither the state, the judge, -nor the reporter can acquire or confer any conclusive -<span class="pagenum" id="Page_241">[241]</span> -privilege of copying them. The same rule applies to the -head notes in those states where they are prepared by the -judge.<a id="FNanchor_1291" href="#Footnote_1291" class="fnanchor">[1291]</a> On the same grounds of public policy no one -can have copyright in the statutes;<a id="FNanchor_1292" href="#Footnote_1292" class="fnanchor">[1292]</a> the legislature of the -state cannot confer it on any one.<a id="FNanchor_1293" href="#Footnote_1293" class="fnanchor">[1293]</a> There may be copyright -in the head notes and arrangement of a digest of the -statutes.<a id="FNanchor_1294" href="#Footnote_1294" class="fnanchor">[1294]</a></p> - -<div class="sidenote">Notes and -Additions. -New Arithmetic. -Adaptations.</div> - -<p>The contents of a book do not require to be entirely new; -if partially old there will be copyright <i>quoad</i> the new material -or new arrangement.<a id="FNanchor_1295" href="#Footnote_1295" class="fnanchor">[1295]</a> Thus there is copyright in notes and -additions to an old work,<a id="FNanchor_1296" href="#Footnote_1296" class="fnanchor">[1296]</a> in a new arithmetic combining old -material in new form,<a id="FNanchor_1297" href="#Footnote_1297" class="fnanchor">[1297]</a> in translations,<a id="FNanchor_1298" href="#Footnote_1298" class="fnanchor">[1298]</a> in the adaptation of an -old drama introducing a new title, new dialogue, minor characters, -scenery, and dramatic situations with the orchestration -and orchestra part songs and music,<a id="FNanchor_1299" href="#Footnote_1299" class="fnanchor">[1299]</a> and in the dramatization -of a novel.<a id="FNanchor_1300" href="#Footnote_1300" class="fnanchor">[1300]</a></p> - -<div class="sidenote">Musical -Arrangement.</div> - -<p>In one case it was held that the adaptation of a musical -piece from the notation suitable to one instrument to that -suitable to another was not a sufficiently intellectual process -to entitle the adapter to copyright in his adaptations.<a id="FNanchor_1301" href="#Footnote_1301" class="fnanchor">[1301]</a> It was -said that "a mere mechanic could make the adaptation and -accompaniment." Since then, however, it has been held that -a musical arrangement is the subject of copyright. In <i>Thomas</i> -v. <i>Lennox</i><a id="FNanchor_1302" href="#Footnote_1302" class="fnanchor">[1302]</a> an orchestral accompaniment for a non-copyright -oratorio by Gounod was held to be the subject of copyright. -In <i>Carte</i> v. <i>Evans</i><a id="FNanchor_1303" href="#Footnote_1303" class="fnanchor">[1303]</a> an arrangement for the pianoforte of the -orchestral score of an opera was held to be copyright.<span class="pagenum" id="Page_242">[242]</span> -</p> -<div class="sidenote">New -Editions.</div> - -<p>Copyright in new editions runs <i>quoad</i> the new material -from the date of the new edition.<a id="FNanchor_1304" href="#Footnote_1304" class="fnanchor">[1304]</a> The additions or corrections -must be of substantial value. A work which is <i>publici -juris</i> cannot be reclaimed by colourable and immaterial alterations -or additions.<a id="FNanchor_1305" href="#Footnote_1305" class="fnanchor">[1305]</a></p> - -<div class="sidenote">Form of -Publication.</div> - -<div class="sidenote">Mechanical -Devices.</div> - -<div class="sidenote">Letter File.</div> - -<div class="sidenote">Account -Book.</div> - -<p>A book need not be a book in the ordinary sense of the -word; the word in the Act is not to be construed by reference -to lexicographers: "the literary property to be protected by -the Act is not to be determined by the size, form, or shape in -which it makes its appearance, but by the subject-matter."<a id="FNanchor_1306" href="#Footnote_1306" class="fnanchor">[1306]</a> A -single sheet containing literary matter will be protected as a -book.<a id="FNanchor_1307" href="#Footnote_1307" class="fnanchor">[1307]</a> No doubt, however, the subject to be protected must -be <i>ejusdem generis</i> as a book or leaflet. The subject-matter -must convey, and the form must be suitably adapted for conveying, -information to the reader. The copyright law embraces -those things that are printed and published for information and -not for use in themselves. Thus what is really a mechanical -instrument, and if original entitled to protection under the -patent law, will not be protected by the copyright law. In -<i>Amberg File</i> v. <i>Shea</i><a id="FNanchor_1308" href="#Footnote_1308" class="fnanchor">[1308]</a> protection was claimed in a letter file. It -was said that the spaces between the index letters were adjusted -to the average requirements of the correspondent. These -average requirements were ascertained by exhaustive research -in different directories. Copyright was refused. In <i>Baker</i> v. -<i>Selden</i><a id="FNanchor_1309" href="#Footnote_1309" class="fnanchor">[1309]</a> blank account books of an original type or pattern were -refused protection. The judge in that case drew the distinction -between what was a proper subject of the patent laws -and what was a proper subject of copyright law—"The object -of the one is explanation, the object of the other is use."<a id="FNanchor_1310" href="#Footnote_1310" class="fnanchor">[1310]</a> In -<i>Drury</i> v. <i>Ewing</i><a id="FNanchor_1311" href="#Footnote_1311" class="fnanchor">[1311]</a> a "ladies' chart for cutting dresses and -basques for ladies, and coats, jackets, &c., for boys" was -protected. It is almost certain, however, that this decision -would not now be accepted as sound. Mere labels will not -<span class="pagenum" id="Page_243">[243]</span> -be protected as copyright works.<a id="FNanchor_1312" href="#Footnote_1312" class="fnanchor">[1312]</a> They may be protected by -registration in the Patent Office.<a id="FNanchor_1313" href="#Footnote_1313" class="fnanchor">[1313]</a></p> - -<div class="sidenote">Originality.</div> - -<p>Copyright may be obtained for works of the imagination, -or for a mere collection and arrangement of material open to -all mankind.<a id="FNanchor_1314" href="#Footnote_1314" class="fnanchor">[1314]</a> What is meant by originality as a requisite of -copyright is that what is claimed as the subject of copyright, -whether it be the composition or arrangement of matter, must -not have been taken from some literary or artistic work already -in existence. It need not be the first of its kind; the same -thing may have been done before so as to produce identically -the same result.<a id="FNanchor_1315" href="#Footnote_1315" class="fnanchor">[1315]</a> If the second author, artist, or composer -goes about his work independently, searching out his material -from the original sources, he is equally entitled to copyright -with the first. Herein copyright law differs from the law of -patents; in the former there may be two concurrent copyrights -in what is identically the same creation, in the latter -there can only be one patent, the first inventor being entitled.</p> - -<div class="sidenote">Letters.</div> - -<p>Letters may be the subject of copyright, whether of a -business or private nature, and although never intended by the -writer to be published as literary productions. In <i>Folsom</i> v. -<i>Marsh</i><a id="FNanchor_1316" href="#Footnote_1316" class="fnanchor">[1316]</a> the letters of George Washington were the subject of -controversy. Story, J., in giving judgment, laid down the law -as to the property in letters at some length:</p> - -<blockquote> - -<p>"There is no small confusion in the books with reference to the -question of copyright in letters. Some of the <i>dicta</i> seem to suppose that -no copyright can exist except in letters which are professedly literary, -while others again recognise a much more enlarged and liberal doctrine -upon the whole subject. In the first place I hold that the author of any -letter or letters (and his representatives), whether they are literary compositions -or familiar letters or letters of business, possess the sole and -exclusive copyright therein; and that no persons, neither those to whom -they are addressed nor other persons, have any right or authority to publish -the same upon their own account or for their own benefit. But consistently -with this right the persons to whom they are addressed may have, -<span class="pagenum" id="Page_244">[244]</span> -nay, must by implication possess the right to publish any letter or letters -addressed to them upon such occasions as require or justify the publication -or public use of them, but this right is strictly limited to such -occasions. Thus a person may justifiably use and publish in a suit at -law or in equity such letter or letters as are necessary and proper to -establish his right to maintain the suit or defend the same. So if he be -aspersed or misrepresented by the writer or accused of improper conduct -in a public manner, he may publish such parts of such letter or letters, -but no more, as may be necessary to vindicate his character and his -reputation, or free him from unjust obloquy and reproach. If he attempt -to publish such letter or letters on other occasions not justifiable, a Court -of Equity will prevent the publication by an injunction as a breach of -private confidence or contract or of the rights of the author, and <i>a fortiori</i> -if he attempt to publish them for profit, for then it is not a mere breach -of confidence or contract, but it is a violation of the exclusive copyright -of the writer. In short, the person to whom letters are addressed has but -a limited right or special property (if I may so call it) in such letters as a -trustee, or bailee for particular purposes, either of information or of protection -or of support of his own rights and character. The general -property and the general rights incident to property belong to the writer, -whether the letters are literary compositions or familiar letters or details -of facts or letters of business. The general property in the manuscript -remains in the writer and his representatives as well as the general copyright. -<i>A fortiori</i> third persons standing in no privity with either party -are not entitled to publish them to subserve their own private purposes of -interest or curiosity or passion."</p></blockquote> - -<p>It is not quite accurate to say that the receiver of a letter is -merely a trustee or bailee for particular purposes. Clearly the -receiver of a letter is entitled to destroy it unless there is any -express or implied stipulation to the contrary, and probably he -can prevent the sender from publishing it by refusing to produce -it if it is in his possession.</p> - -<div class="sidenote">No Copyright -in -Titles.</div> - -<p>As a rule there can be no copyright in a title.<a id="FNanchor_1317" href="#Footnote_1317" class="fnanchor">[1317]</a> The deposit -of the title-page with the Librarian of Congress does not give -the author any exclusive right to the use of that title.<a id="FNanchor_1318" href="#Footnote_1318" class="fnanchor">[1318]</a> A title -can only be protected as a trade mark in connection with a -particular literary or artistic production which has become -known to the public. The public must be shown to be -<span class="pagenum" id="Page_245">[245]</span> -deceived or to be in danger of being deceived.<a id="FNanchor_1319" href="#Footnote_1319" class="fnanchor">[1319]</a> A title may be -protected by registration as a trade mark.<a id="FNanchor_1320" href="#Footnote_1320" class="fnanchor">[1320]</a></p> - -<div class="sidenote">Photographs.</div> - -<p>Photographs were first protected by the Statute of March -3, 1865; before then protection was refused to them under -the head of prints, cuts, or engravings.<a id="FNanchor_1321" href="#Footnote_1321" class="fnanchor">[1321]</a> It seems to have -been doubted at one time whether the protection of photographs -was not <i>ultra vires</i> of the powers conferred by the -Constitution. There is certainly an apparent difficulty in -bringing a photograph within the expression "writings" -used in the Constitution; but this word has received an -extremely wide and liberal construction, and has been held -to be capable of including any literary or artistic production of -the intellect. Photographs have been now frequently protected, -but it is not every photograph that will be protected, -there must be some evidence that the photographer has -exercised an intellectual choice of subject-matter, expression, -arrangement, light, or other circumstances or conditions which -go to the production of an artistic photograph.<a id="FNanchor_1322" href="#Footnote_1322" class="fnanchor">[1322]</a> It will be a -question of fact for the Court or jury whether the photograph -is a mere manual reproduction of subject-matter or an original -work of art.<a id="FNanchor_1323" href="#Footnote_1323" class="fnanchor">[1323]</a> In a portrait there may be copyright in so -far as the photographer has relied on his own judgment for -the choice of light, background, pose, or attitude.<a id="FNanchor_1324" href="#Footnote_1324" class="fnanchor">[1324]</a> In one -case the photograph of a yacht under sail was protected. It -required the photographer to select and utilise the best effects -of light, cloud, water, and general surroundings, and combine -them under favourable conditions for depicting vividly and -accurately the view of a yacht under sail.<a id="FNanchor_1325" href="#Footnote_1325" class="fnanchor">[1325]</a></p> - -<p>A slight colourable alteration in a non-copyright photograph -will not entitle it to copyright.<a id="FNanchor_1326" href="#Footnote_1326" class="fnanchor">[1326]</a></p> - -<div class="sidenote">Engravings.</div> - -<p>Engravings, cuts, and prints will be protected,<a id="FNanchor_1327" href="#Footnote_1327" class="fnanchor">[1327]</a> but there -<span class="pagenum" id="Page_246">[246]</span> -must be at least some merit in them as artistic or instructive -productions. Thus the prints of common articles of household -use in a tradesmen's catalogue,<a id="FNanchor_1328" href="#Footnote_1328" class="fnanchor">[1328]</a> drawings of billiard -tables in a similar catalogue,<a id="FNanchor_1329" href="#Footnote_1329" class="fnanchor">[1329]</a> a card of specimen colours and -tints of zinc paints,<a id="FNanchor_1330" href="#Footnote_1330" class="fnanchor">[1330]</a> and a poster with coloured drawings of a -circus performance<a id="FNanchor_1331" href="#Footnote_1331" class="fnanchor">[1331]</a> have all been refused protection. If -there is real artistic merit in a drawing it will not be disentitled -to protection merely on the ground that it has been -used as an advertisement.<a id="FNanchor_1332" href="#Footnote_1332" class="fnanchor">[1332]</a></p> - -<p>It has been held that playing cards printed in colours are -entitled to protection as "prints."<a id="FNanchor_1333" href="#Footnote_1333" class="fnanchor">[1333]</a></p> - -<div class="sidenote">Pictures.</div> - -<p>The Act of June 18, 1874, enacts that the protection of -the Copyright Acts conferred on "engravings," "cuts," and -"prints" shall not extend to prints or labels designed to be -used for any articles of manufacture. This Act cannot be -evaded by attempting to copyright the picture or drawing -from which the label is designed. In <i>Schumacher</i> v. <i>Wogram</i><a id="FNanchor_1334" href="#Footnote_1334" class="fnanchor">[1334]</a> -the Court refused protection under the Copyright Acts to a -picture representing a young woman holding a bouquet of -flowers intended to be reproduced on labels for cigar boxes. -The reason for refusing protection of the copyright law to -such productions is that their only real value is as a trade -mark connected with a particular article of manufacture.<a id="FNanchor_1335" href="#Footnote_1335" class="fnanchor">[1335]</a> -They are not designed in themselves to instruct or amuse. As -trade marks they will be protected if registered in the Patent -Office. The fact that a picture could be readily lithographed -and used as a label does not deprive it of copyright;<a id="FNanchor_1336" href="#Footnote_1336" class="fnanchor">[1336]</a> it must -in order to lose its copyright have been made with the intention -of being used as a label. If the painting itself were -to be considered a label because copies might be so used, -no masterpiece would be entitled to copyright. A painting, -<span class="pagenum" id="Page_247">[247]</span> -engraving, or print in order to be protected must be a pictorial -representation of something and not merely a design.<a id="FNanchor_1337" href="#Footnote_1337" class="fnanchor">[1337]</a></p> - -<h3><span class="smcap">Section</span> II.—<span class="smcap">Nationality of the Author</span>.</h3> - -<p>Unfortunately the Acts of Congress are not clear as to -how far the works of foreign authors, or the works of non-residents -in the United States are protected.</p> - -<p>Until 1891 the works of foreign authors not resident in -the United States were denied protection. Sec. 4971 of the -Revised Statutes ran as follows:</p> - -<blockquote> - -<p>"Sec. 4971. Nothing in this chapter shall be construed to prohibit -the printing, publishing, importation, or sale of any book, map, chart, -dramatic or musical composition, print, cut, engraving, or photograph, -written, composed, or made by any person not a citizen of the United -States nor resident therein."<a id="FNanchor_1338" href="#Footnote_1338" class="fnanchor">[1338]</a></p></blockquote> - -<p>By the Act of 1891, the benefits of copyright are extended -to the citizens of foreign countries which are proclaimed -by the President as conferring reciprocal rights on -American citizens. Sec. 4971 of the Revised Statutes is -repealed. The Act of March 3, 1891, section 13, enacts—</p> - -<blockquote> - -<p>"That this Act shall only apply to a citizen or subject of a -foreign state or nation when such foreign state or nation permits to -citizens of the United States of America the benefit of copyright on -substantially the same basis as its own citizens, or when such foreign -state or nation is a party to an international agreement which provides -for reciprocity in the granting of copyright by the terms of which -agreement the United States of America may at its pleasure become a -party to such agreement. The existence of either of the conditions aforesaid -shall be determined by the President of the United States by proclamation -made from time to time as the purposes of this Act may require."</p></blockquote> - -<p>The Act of March 3, 1891, section 5, amending the Revised -Statutes, sec. 4959, enacts that—</p> - -<blockquote> - -<p>"... the alterations, revisions, and additions made to books by foreign -authors heretofore published, of which new editions shall appear subsequently -to the taking effect of this Act, shall be held and deemed capable -of being copyrighted as above provided for in this Act, unless they form a -part of the series in course of publication at the time this Act shall take -effect." (July 1, 1891.)</p></blockquote> - -<p><span class="pagenum" id="Page_248">[248]</span></p> - -<p>On these sections two questions seem to be left open:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">(1) Is the test to be applied the nationality of (<i>a</i>) the -author, or of (<i>b</i>) the proprietor of the manuscript, -or other unpublished work, at the time of publication; -or will it satisfy the Act if (<i>c</i>) either of these persons -complies with the requisite conditions of nationality?</span> - -<span class="i0">(2) Will residence in the United States or in one of the -proclaimed countries confer the privileges on one -who is not a citizen or subject of any of them?</span> -</div></div> - -<p>1. It may be that it would be a sufficient compliance with -the requirements of the Act if either the author or his assignee -before publication were a citizen of the United States, or a subject -or citizen of a proclaimed country. Section 1 amending the -Revised Statutes, sec. 4952, gives the sole liberty to "the author, -inventor, designer, or proprietor, and to the executors, administrators, -or assigns of any such person." Section 13 "applies -the Act" to citizens or subjects of certain foreign states or -nations. Under the Revised Statutes, section 4971, before 1891 -it was the nationality of the author alone that was considered, -and it would have been no answer to have said that the assignee -before publication was an American citizen or resident in the -United States. Perhaps in 1891 the benefit was designedly -extended to assignees before publication, who complied -with the conditions and who had taken assignments from -foreign authors who did not. On the whole, however, I am -inclined to the opinion that it will not do merely to allege that -the assignee of the uncopyrighted and unpublished work is a -citizen of the United States or a subject or citizen of one of the -proclaimed countries. It must, I think, be alleged that the author, -inventor, designer, or proprietor <i>ab initio</i> has complied with the -conditions as to nationality. By proprietor <i>ab initio</i> (and probably -this is the true meaning of "proprietor" in section 1 of -the Act of March 3, 1891<a id="FNanchor_1339" href="#Footnote_1339" class="fnanchor">[1339]</a>), I mean one who compiles a work -by his servants or agents, for instance, a body corporate, which -cannot be said to be an "author, inventor, or designer," and -yet is entitled to the whole property in the work of its -servants as it grows up from day to day. I have not con -<span class="pagenum" id="Page_249">[249]</span>sidered -the assignee after publication. I think it must be -abundantly clear that his nationality cannot be taken as the -test, since if he took his assignment from a foreign author -who did not comply with the conditions of nationality when -the work was published, the work at the time of assignment -would have become <i>publici juris</i>. If he took his assignment -from one who complied with the conditions of nationality and -copyrighted the work, the fact of his being an alien would not -prevent him acquiring the copyright already secured.</p> - -<p>2. Before 1891 residence in the United States, which was -interpreted to mean permanent residence and not merely for -the purposes of publication,<a id="FNanchor_1340" href="#Footnote_1340" class="fnanchor">[1340]</a> was sufficient to entitle an author -to the privileges of the Copyright Acts. The provision now, under -the Act of March 3, 1891, is that the Act shall only apply to -a citizen of a foreign country which has been proclaimed. -Reading the Act strictly a foreign resident in the United States -but not a citizen thereof is excluded from protection which he -formerly had, unless he is a citizen or subject of a proclaimed -country. No doubt this was not intended to be the result -of the Act of 1891, but the words are plain and unambiguous, -and there seems no reason why they should not have effect -according to their plain meaning. <i>A fortiori</i> a foreigner resident -in, but not a subject of, one of the proclaimed countries would -not be entitled to copyright.</p> - -<p>The following States have been proclaimed as fulfilling one -or other of the required conditions, and their citizens are -therefore entitled to acquire copyright in the United States in -the same way as an American citizen:</p> - -<table summary="Table of the States have been proclaimed as fulfilling one -or other of the required conditions, and their citizens are -therefore entitled to acquire copyright in the United States in -the same way as an American citizen."> - <tr> - <td>Belgium</td> - <td>⎫</td> - <td></td> - </tr> - <tr> - <td>France</td> - <td>⎥</td> - <td rowspan="2">July 1, 1891.</td> - </tr> - <tr> - <td>Great Britain</td> - <td>⎥</td> - </tr> - <tr> - <td>Switzerland</td> - <td>âŽ</td> - <td></td> - </tr> - <tr> - <td>Germany</td> - <td> </td> - <td>April 15, 1892.</td> - </tr> - <tr> - <td>Italy</td> - <td> </td> - <td>October 31, 1892.</td> - </tr> - <tr> - <td>Denmark</td> - <td> </td> - <td>May 8, 1893.</td> - </tr> - <tr> - <td>Portugal</td> - <td> </td> - <td>July 20, 1893.</td> - </tr> - <tr> - <td>Spain</td> - <td> </td> - <td>July 10, 1895.</td> - </tr> - <tr> - <td>Mexico</td> - <td> </td> - <td>Feb. 27, 1896.</td> - </tr> - <tr> - <td>Chili</td> - <td> </td> - <td>May 25, 1896.</td> - </tr> -</table> - -<p><span class="pagenum" id="Page_250">[250]</span></p> - -<h3><span class="smcap">Section III.—Necessary Formalities</span>.</h3> - -<p>No person is entitled to copyright unless he—<a id="FNanchor_1341" href="#Footnote_1341" class="fnanchor">[1341]</a></p> - -<p>I. In the case of a book, map, chart, dramatic or musical -composition, engraving, cut, print, photograph, or chromo—</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">(i.)</span> Delivers (or mails within the United States) to the -Librarian of Congress, <i>on or before the day of publication</i>, -in the United States or elsewhere a <i>printed copy of the</i> -<i>title</i> of the work.</span> - -<span class="i0"><span class="rgt">(ii.)</span> Delivers (or mails within the United States) to the -Librarian of Congress, <i>not later than the day of publication</i> -in the United States or elsewhere <i>two copies</i> of -the work.</span> -</div></div> - -<p>II. In the case of a painting, drawing, statue, statuary, or -a model or design for a work of the fine arts—<a id="FNanchor_1342" href="#Footnote_1342" class="fnanchor">[1342]</a></p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">(i.)</span> Delivers (or mails within the United States) to the -Librarian of Congress, <i>on or before the day of publication</i>, -in the United States or elsewhere a <i>description of</i> -<i>the work</i>.</span> - -<span class="i0"><span class="rgt">(ii.)</span> Delivers (or mails within the United States) to the -Librarian of Congress, <i>not later than the day of publication</i>, -in the United States or elsewhere <i>a photograph of</i> -<i>the work</i>.</span> -</div></div> - -<p>The proprietor of every copyright book or other article -must deliver (or mail within the United States) to the Librarian -of Congress a copy of every subsequent edition wherein any -substantial changes shall be made.<a id="FNanchor_1343" href="#Footnote_1343" class="fnanchor">[1343]</a> Each volume of a book -in two or more volumes, when such volumes are published -separately, and the first one has not been issued before -July 1, 1891, and each number of a periodical is to be considered -an independent publication.<a id="FNanchor_1344" href="#Footnote_1344" class="fnanchor">[1344]</a> The requirements of the -statute as to delivery of title and copies, and printing of notice -must therefore be complied with in the case of each volume of -a book or number of a periodical.<span class="pagenum" id="Page_251">[251]</span> -</p> -<p><b>Conditions Precedent.</b>—The deposit of title and delivery of -copies as prescribed by the statutes are conditions precedent to -copyright and not merely declaratory.<a id="FNanchor_1345" href="#Footnote_1345" class="fnanchor">[1345]</a> There is no common -law right after publication, and therefore if a work is published -without the proper formalities having been observed it becomes -<i>publici juris</i>, and any one may make what use of it he pleases.<a id="FNanchor_1346" href="#Footnote_1346" class="fnanchor">[1346]</a> -Ignorance of the law is no excuse even although a new Act has -just been passed altering the time within which copies must be -delivered.<a id="FNanchor_1347" href="#Footnote_1347" class="fnanchor">[1347]</a> In an action for infringement the declaration must -set out in detail a compliance with the law as to formalities,<a id="FNanchor_1348" href="#Footnote_1348" class="fnanchor">[1348]</a> -and the burden of proof thereof is on the complainant.<a id="FNanchor_1349" href="#Footnote_1349" class="fnanchor">[1349]</a> He -must prove the deposit of title, delivery of copies, notice of -copyright, and the date of publication. The latter is essential, -as on it depends the validity of the entry.<a id="FNanchor_1350" href="#Footnote_1350" class="fnanchor">[1350]</a></p> - -<p><b>Delivery of the Title.</b>—The copy of the title to be delivered -must be "printed," <i>i. e.</i> the characters used must be those -ordinarily used in printing, but they may be made by -hand with a pen.<a id="FNanchor_1351" href="#Footnote_1351" class="fnanchor">[1351]</a> The work must be published within a -reasonable time after the deposit of the title-page, otherwise -the formalities will not have been complied with.<a id="FNanchor_1352" href="#Footnote_1352" class="fnanchor">[1352]</a> Two -months' delay in mailing to the Librarian of Congress copies -of a photograph after the filing of its title is not unreasonable.<a id="FNanchor_1353" href="#Footnote_1353" class="fnanchor">[1353]</a></p> - -<p>It will not do to publish a book under a substantially -different title from that deposited. Immaterial variations in -the title, or sub-title, or complete alteration of a description -<span class="pagenum" id="Page_252">[252]</span> -on the title-page will not make the deposit void. In <i>Donnelley</i> -v. <i>Ivers</i><a id="FNanchor_1354" href="#Footnote_1354" class="fnanchor">[1354]</a> the title deposited was "Over One Thousand Recipes. -The Lake Side Cook Book: A Complete Manual of Practical, -Economical, Palatable, and Healthful Cookery. Chicago: -Donnelley, Lloyd & Company, 1878." The title on the book -as published was "The Lake Side Cook Book, No. 1. A -Complete Manual of Practical, Economical, Palatable, and -Healthful Cookery. By N. A. D." It was held that the requirement -as to the deposit of title having been "substantially, -in good faith complied with," the objection was not tenable. -What is required is, that the deposited title be sufficient to -identify the book with substantial certainty. In <i>Carte</i> v. -<i>Evans</i>,<a id="FNanchor_1355" href="#Footnote_1355" class="fnanchor">[1355]</a> the title filed was "Pianoforte Arrangement of the -Comic Opera, The Mikado, or the Town of Titipu, by W. S. -Gilbert and Sir Arthur Sullivan. By George L. Tracey." The -book as published bore the title "Vocal Score of the Mikado, -or The Town of Titipu. Arrangement for Pianoforte by -George Lowell Tracey (of Boston, U. S. A.) of the above-named -opera by W. S. Gilbert and Arthur Sullivan." This was held -a sufficient deposit to protect the pianoforte accompaniment. -In <i>Black</i> v. <i>Allen</i><a id="FNanchor_1356" href="#Footnote_1356" class="fnanchor">[1356]</a> the title deposited was "An Outline of the -Political and Economic History of the United States, with -Maps and Charts: I. History and Constitution by Alexander -Johnson, M. A.; II. Population and Industry by Francis A. -Walker, LL. D." The title of the book as deposited was -"United States: Part III. Political Geography and Statistics, -copyright, 1888, by Francis A. Walker." In the absence of -evidence that the defendant was deceived or misled by the -change of the title the Court held that it was valid. In <i>Daly</i> v. -<i>Brady</i><a id="FNanchor_1357" href="#Footnote_1357" class="fnanchor">[1357]</a> the title of a drama deposited was "Under the Gaslight: -A Drama of Life and Love in these Times." The actual title -as published was "Under the Gaslight: A Romantic Panorama -of the Streets and Homes of New York." The Court held -that the change of title might deceive the public, and therefore -the deposit of title was bad; but this decision was reversed -in <i>Daly</i> v. <i>Webster</i>;<a id="FNanchor_1358" href="#Footnote_1358" class="fnanchor">[1358]</a> the variance was in the description.<span class="pagenum" id="Page_253">[253]</span> -"The title required may include a sub-title, but it does not include -a description of the book upon the title-page."</p> - -<p>An author may wish to change his title entirely after he -has deposited the title-page. He may do this before the -deposit of copies by depositing a fresh title-page; but it is -questionable whether the duration of his copyright will run -from the first deposit of title or from the deposit of the altered -title.<a id="FNanchor_1359" href="#Footnote_1359" class="fnanchor">[1359]</a></p> - -<p><b>Delivery of Description.</b>—Probably a short description is -all that is required. If the title is in itself descriptive, probably -that will be sufficient. The photograph of a painting, -or other work of art which is required to be delivered, does -not take the place of a description.<a id="FNanchor_1360" href="#Footnote_1360" class="fnanchor">[1360]</a></p> - -<p><b>Delivery of Copies.</b>—Under the Revised Statutes before -1891 the printed copies had to be delivered "within ten days -from the publication thereof." This was sufficiently complied -with by the delivery of two copies on the day before publication.<a id="FNanchor_1361" href="#Footnote_1361" class="fnanchor">[1361]</a> -The Act of 1891 now requires that the two printed -copies shall be delivered "not later than the day of publication."</p> - -<p>The copies deposited with the Librarian of Congress do not -require to bear the statutory notice as to copyright.<a id="FNanchor_1362" href="#Footnote_1362" class="fnanchor">[1362]</a></p> - -<p>The memorandum given by the librarian is sufficient -<i>primâ facie</i> evidence of the fact and date of deposit.<a id="FNanchor_1363" href="#Footnote_1363" class="fnanchor">[1363]</a> The -librarian's date stamp on the book is not conclusive, and may -be rebutted by other evidence of the actual date of deposit.<a id="FNanchor_1364" href="#Footnote_1364" class="fnanchor">[1364]</a> If -the copyright matter is ordinarily bound up with other matter, -the Librarian of Congress cannot insist on the delivery of the -bound volume complete. It is a sufficient delivery to take the -volume to pieces and deliver the loose sheets on which the -copyright matter is printed.<a id="FNanchor_1365" href="#Footnote_1365" class="fnanchor">[1365]</a> Before 1891 the two copies -<span class="pagenum" id="Page_254">[254]</span> -deposited had to be of the "best edition," but this appears to -be no longer necessary.</p> - -<p><b>Printing in the United States.</b>—In the case of</p> - -<div class="poem"><div class="stanza"> -<span class="i0"><span class="rgt">i.</span> books,</span> -<span class="i0"><span class="rgt">ii.</span> chromos,</span> -<span class="i0"><span class="rgt">iii.</span> lithographs,</span> -<span class="i0"><span class="rgt">iv.</span> photographs,</span> -</div></div> - -<p>the two copies required to be delivered must be printed from -type set within the limits of the United States or from plates -made therefrom, or from negatives or drawings on stone -made within the limits of the United States, or from transfers -made therefrom.<a id="FNanchor_1366" href="#Footnote_1366" class="fnanchor">[1366]</a></p> - -<p>This requirement was introduced in 1891, when the -privileges of copyright were extended to subjects and citizens -of foreign countries. Formerly there was no obligation to -print within the United States.</p> - -<p>It has been held that a volume of music is not a "book" -within the meaning of the provision in the statute enacting -that the two copies delivered shall be printed in the United -States.<a id="FNanchor_1367" href="#Footnote_1367" class="fnanchor">[1367]</a> It would seem to follow that the necessity of printing -in the United States does not extend either to maps or charts, -or even to dramatic compositions in book form. These are -all dealt with specifically in the Act, and therefore, on the -authority of <i>Littleton</i> v. <i>Oliver</i>,<a id="FNanchor_1368" href="#Footnote_1368" class="fnanchor">[1368]</a> do not come within the generic -term "books."</p> - -<p><b>Retrospective Provision.</b>—By an Act of March 3, 1893, -it is enacted—</p> - -<blockquote> - -<p>"That any author, inventor, designer, or proprietor of any book or -other article entitled to copyright, who has heretofore failed to deliver in -the office of the Librarian of Congress two complete copies of such book, -or description or photograph of such article within the time limited by -title sixty, chapter three of the Revised Statutes relating to copyrights and -the Acts in amendment thereof, and has complied with all other provisions -thereof, who has before the 1st day of March 1893 delivered at the office -of Librarian of Congress or deposited in the mail addressed to the -Librarian of Congress two complete printed copies of such book, or -<span class="pagenum" id="Page_255">[255]</span> -description or photograph of such article, shall be entitled to all the rights -and privileges of such title sixty, chapter three of the Revised Statutes -and the Acts in amendment thereof."</p></blockquote> - -<p><b>Notice of Copyright.</b>—No person can maintain an action -for infringement of his copyright unless each published copy -of his work bears one or other of the following notices:<a id="FNanchor_1369" href="#Footnote_1369" class="fnanchor">[1369]</a></p> - -<blockquote> - -<p>"Entered according to Act of Congress in the year ——, by A. B., -in the office of the Librarian of Congress at Washington.</p></blockquote> - -<p>Or:</p> - -<blockquote> - -<p>"Copyright, 18—, by A. B."</p></blockquote> - -<p>Books must bear the notice:</p> - -<blockquote> - -<p>"On the title-page or page immediately following."<a id="FNanchor_1370" href="#Footnote_1370" class="fnanchor">[1370]</a></p></blockquote> - -<p>Designs for moulded decorative articles, tiles, plaques, or -articles of pottery:</p> - -<blockquote> - -<p>"Upon the back or bottom of such articles or on such other place -upon them as it has heretofore been usual ... for the placing of manufacturers, -merchants, and trade marks thereon."<a id="FNanchor_1371" href="#Footnote_1371" class="fnanchor">[1371]</a></p></blockquote> - -<p>Other works, including musical compositions, photographs, -pictures, engravings:</p> - -<blockquote> - -<p>"Upon some visible portion thereof, or of the substance upon which -the same shall be mounted."<a id="FNanchor_1372" href="#Footnote_1372" class="fnanchor">[1372]</a></p></blockquote> - -<p>The statutory requirements as to notice must be strictly -complied with, and a departure from the exact words of one -or other of the alternative forms may be fatal to the right -of action. When the only notice on a book was "Entered -according to Act of Congress, in the year 1878, by H. A. -Jackson," it was held an insufficient notice as complying with -neither of the two alternative forms.<a id="FNanchor_1373" href="#Footnote_1373" class="fnanchor">[1373]</a></p> - -<div class="sidenote">Slight -variation.</div> - -<p>A very slight variance in the words or the orders of the slight -words, if the matter is substantially the same, will not, however, -make a bad notice. Thus "1889, Copyrighted by B. J. Falk, -N. Y.," has been held a good notice.<a id="FNanchor_1374" href="#Footnote_1374" class="fnanchor">[1374]</a> So also has "Copyright -entered according to Act of Congress, 1889, by T. C. Hefel,<span class="pagenum" id="Page_256">[256]</span> -civil engineer." It was held to comply with the short alternative -notice, viz.: "Copyright, 18—, by A. B.," the superfluous -words being disregarded on the doctrine of <i>utile per inutile non -vitiatur</i>.<a id="FNanchor_1375" href="#Footnote_1375" class="fnanchor">[1375]</a></p> - -<p><i>The name of the proprietor</i> who takes out the copyright is an -essential part of the notice. In <i>Osgood</i> v. <i>Aloe</i><a id="FNanchor_1376" href="#Footnote_1376" class="fnanchor">[1376]</a> the following -notice was printed on the page following the title-page, "Copyright, -1891; all rights reserved." This was held a bad notice, -and the name of the publishers, who were also the proprietors, -printed on the title-page was insufficient. There was nothing to -show that they were proprietors as well as publishers. Copyright -may be taken out in the name of a firm or a conventional trade -name, and if that name is on the notice it is sufficient.<a id="FNanchor_1377" href="#Footnote_1377" class="fnanchor">[1377]</a> But it -must be the full and proper name under which the proprietors -are trading. Thus when <i>The Illustrated American Publishing -Company</i> issued a paper entitled <i>The Illustrated American</i>, the -following was held an insufficient notice on a crayon drawing -published by the Company, viz.: "Copyrighted 1891, by <i>The -Illustrated American</i>."<a id="FNanchor_1378" href="#Footnote_1378" class="fnanchor">[1378]</a> It seems, however, that it is not necessary -for an individual to give his full name if what is given is -sufficient for the purposes of identity. Thus the surname and -the first letter of the Christian name,<a id="FNanchor_1379" href="#Footnote_1379" class="fnanchor">[1379]</a> and in one case the surname -alone have been held sufficient.<a id="FNanchor_1380" href="#Footnote_1380" class="fnanchor">[1380]</a> The latter case was -that of a photographer in Brooklyn. It was shown that there -was only one photographer of that name in Brooklyn, and the -notice ran "Copyright, '93, by Bolles, Brooklyn."<a id="FNanchor_1381" href="#Footnote_1381" class="fnanchor">[1381]</a> If the full -name is given there is no necessity to give the address of the -proprietor, even although he be a foreigner resident abroad.<a id="FNanchor_1382" href="#Footnote_1382" class="fnanchor">[1382]</a></p> - -<p>It will not do to put the name of an agent on the notice. -In <i>Nifflin</i> v. <i>Dutton</i><a id="FNanchor_1383" href="#Footnote_1383" class="fnanchor">[1383]</a> the authoress of "The Minister's Wooing" -took out a copyright in the whole book in her own name.<span class="pagenum" id="Page_257">[257]</span> -Subsequently several chapters of the story were published -serially in the <i>Atlantic Monthly</i>. The only notice of copyright -in that magazine was in the name of the publishers, Ticknor and -Fields. It was held that these chapters had not a sufficient -notice. Great care must be taken in the case of serial publications. -If a story is published in a magazine each part must -be treated as a separate book, and must contain a notice of -copyright by the author if he is the owner. When the book is -published as a whole these notices must be repeated; it will not -do merely to copyright the whole book afresh and print a new -notice.</p> - -<p><i>Date of Entry.</i>—The date required is the year only; neither -the day nor the month is necessary. The statement of a wrong -year has been held fatal to the notice. In <i>Baker</i> v. <i>Taylor</i><a id="FNanchor_1384" href="#Footnote_1384" class="fnanchor">[1384]</a> -the true date of taking out copyright was 1846. The notice -stated 1847 as the year, and this was held as bad notice, even -although the error arose from mistake. But in <i>Callaghan</i> v. -<i>Myers</i><a id="FNanchor_1385" href="#Footnote_1385" class="fnanchor">[1385]</a> the notice put an earlier instead of a later date than the -actual date of deposit; the true date being 1867, the notice -declared copyright to have been entered in 1866. This was held -an immaterial error, since it deceived no one, and would only -operate to shorten the claimant's copyright by one year. In -<i>Schumacher</i> v. <i>Wogram</i><a id="FNanchor_1386" href="#Footnote_1386" class="fnanchor">[1386]</a> Wallace, J., doubted whether the -declaration in the notice of a date earlier than the true date -would not make the notice void. It is immaterial that the date -on the notice is abbreviated if it is sufficiently clear what date -is meant; thus, "Copyright, '94, by A. B.," is a good notice.<a id="FNanchor_1387" href="#Footnote_1387" class="fnanchor">[1387]</a></p> - -<p>It is extremely difficult to determine what date the law -requires to be placed upon the second or subsequent edition -of a book wherein substantial alterations or additions have been -made. In the case of a reprint, I think it is clear that the date -of the first edition, and that only, is the correct date; and even -where alterations or additions have been made I think that that -date is necessary, and I doubt whether it is necessary to add -another notice giving the date of the revised edition. It would -seem that a subsequent edition does not require to be "entered"<span class="pagenum" id="Page_258">[258]</span> -in the same manner as the original edition; the statute is complied -with by the deposit of a copy of every subsequent edition -wherein any substantial changes shall be made. If this is done -copyright in the alterations seems to have been procured. In -<i>Lawrence</i> v. <i>Dana</i><a id="FNanchor_1388" href="#Footnote_1388" class="fnanchor">[1388]</a> Clifford, J., held that it was not necessary in -a subsequent edition to give the date of the entry of the first -edition<a id="FNanchor_1389" href="#Footnote_1389" class="fnanchor">[1389]</a>; but I doubt if this is sound. On the whole, I think -the correct view is that the matter peculiar to the first edition, -whether it be printed in the first or any subsequent edition, must -bear a notice with the date when that matter was first entered, -and that the matter peculiar to any subsequent edition will be -protected until the expiry of the copyright in the first edition, if -it bears a notice with the date of the first edition only, and if a -copy has been sent to the Librarian of Congress. I further -think that the matter peculiar to subsequent editions may be -protected for the full term of twenty-eight or thirty-two years -from the date of the first publication of the edition in which it -is first contained, if such edition is separately entered, by two -copies of the title-page and of the book being deposited, and if -it bears a notice with the date of such separate entry. I think, -therefore, in every new edition in which there is a substantial -alteration or addition there should as a matter of practice be a -separate entry of copyright and separate notices on the title-page, -one for each edition of the book.</p> - -<p>The question may be raised as to whether a book is a -subsequent edition or an entirely new book. In <i>Banks</i> v. -<i>M'Divitt</i>,<a id="FNanchor_1390" href="#Footnote_1390" class="fnanchor">[1390]</a> the plaintiff had annotated the rules of the Supreme -Court of New York. He had published such annotated -editions in 1858 and 1871. In 1874 the rules were extensively -amended, and the plaintiff published an annotated copy. -It was held that this was not a subsequent edition of the -original annotated rules, and therefore no notice of the original -date of publication was required. I very much doubt whether -this is a sound decision. It seems to me that in so far as the -new book was the same as the old, it was a subsequent edition, -and in order to retain protection required a notice of original -publication.<span class="pagenum" id="Page_259">[259]</span> -</p> -<p><i>Every published copy</i> of every edition<a id="FNanchor_1391" href="#Footnote_1391" class="fnanchor">[1391]</a> of a work must have -the statutory notice thereon; every proprietor who sues must -have printed the notice on every copy published by him. If -an assignee of a copyright fail to print a proper notice he will -have no remedy even against his assignor for infringement.<a id="FNanchor_1392" href="#Footnote_1392" class="fnanchor">[1392]</a> -From the wording of the Act of June 18, 1874, it seems that -the printing of the notice is not now a condition precedent to -copyright, but is only a condition of the right of action upon -infringement. It is, I think, questionable whether the failure -of A to print a proper notice will affect the right of B, his -assignee, to sue for an infringement subsequent to the assignment. -One who makes an unauthorised copy of a literary or -artistic work is not exempt from liability merely because he -can show that the copy from which he copied had no notice. -His defence must be that such copy left the proprietor's hands -without a proper notice.<a id="FNanchor_1393" href="#Footnote_1393" class="fnanchor">[1393]</a> The question has been raised, but -not answered, whether if the proprietor grant a licence, and the -licensee omits to insert a proper notice, the proprietor is without -a remedy.<a id="FNanchor_1394" href="#Footnote_1394" class="fnanchor">[1394]</a></p> - -<p>Formerly if a book were published in several volumes at -different times, it was sufficient to place the notice on the first -volume only,<a id="FNanchor_1395" href="#Footnote_1395" class="fnanchor">[1395]</a> but now since the Act of 1891<a id="FNanchor_1396" href="#Footnote_1396" class="fnanchor">[1396]</a> each volume of -a book and each number of a periodical is to be considered an -independent publication, and the notice must be placed on -each volume or part accordingly.</p> - -<p>There is no special provision in the law of the United States -as to newspapers and other periodical works, therefore each -issue must be considered a separate work, and the requisite -formalities complied with in each case.</p> - -<p><i>Notice on Painting.</i>—It was contended in one case<a id="FNanchor_1397" href="#Footnote_1397" class="fnanchor">[1397]</a> that -there was no necessity to place the notice on an original -painting, the Act only requiring notices to be placed on copies -made therefrom. The Court held, however, that the original -<span class="pagenum" id="Page_260">[260]</span> -work was a "copy" within the meaning of the provision in -the Act, and must be inscribed with the notice accordingly.</p> - -<p><i>Maps in Atlas.</i>—Each map contained in an atlas does not -require to be separately copyrighted, or bear a separate notice -of copyright. They are protected by a copyright of the -entire work.<a id="FNanchor_1398" href="#Footnote_1398" class="fnanchor">[1398]</a> The same would, no doubt, apply to a volume -of engravings or other works of art.</p> - -<p><b>Publication.</b>—There appears to be some doubt as to -whether publication is necessary as a condition precedent to -the statutory rights. The duration of copyright is to be -measured from the date of the deposit of the title or description -with the Librarian of Congress; but probably that in -itself gives no proprietary right either in the title or the -book. It has been suggested that it gives an "inchoate right," -or an "equitable right, which Chancery will protect until the -other acts may be done."<a id="FNanchor_1399" href="#Footnote_1399" class="fnanchor">[1399]</a> It may be that when the formalities -have been completed by deposit of copies the right -then acquired dates back to the deposit of title so as to give -a statutory remedy against an infringement made between the -two dates.<a id="FNanchor_1400" href="#Footnote_1400" class="fnanchor">[1400]</a> When the copies of the book have been deposited, -the express conditions precedent of the statute have been -performed; but the question has been raised whether there will -be copyright unless within a reasonable time thereafter the book -or other work is put in circulation among the public. In -<i>Boucicault</i> v. <i>Hart</i><a id="FNanchor_1401" href="#Footnote_1401" class="fnanchor">[1401]</a> the Court held that although the title-page -had been filed there could be no copyright without "a -deposit of copies and publication." In <i>The Jewellers' Mercantile -Agency</i> v. <i>Jewellers' Publishing Company</i><a id="FNanchor_1402" href="#Footnote_1402" class="fnanchor">[1402]</a> the New York Supreme -Court, on a question as to whether an action should be founded -on the Statute or at Common Law, held that although there -had been deposit of title and deposit of copies in accordance -with the Acts there could be no copyright, but only a common -law right unless there had been a "publication." In <i>Ladd</i> v. -<i>Oxnard</i>,<a id="FNanchor_1403" href="#Footnote_1403" class="fnanchor">[1403]</a> the circuit judge, Putnam, thought that the statutory -<span class="pagenum" id="Page_261">[261]</span> -right was perfected by deposit of copies, and that from then, -until "publication," there were concurrent remedies under -the Statute and at Common Law. After the decision in -<i>Ladd</i> v. <i>Oxnard</i><a id="FNanchor_1404" href="#Footnote_1404" class="fnanchor">[1404]</a> the decision in <i>The Jewellers' Mercantile Agency</i> -v. <i>Jewellers Publishing Company</i> was reviewed by the Appeal -Court of New York.<a id="FNanchor_1405" href="#Footnote_1405" class="fnanchor">[1405]</a> The Court was unanimous in reversing -the judgment below, and holding that the plaintiff's right of -action was a statutory right and not a common law right. -Three of the judges gave their decision on the ground -that the facts proved showed a publication subsequent to -deposit; but the other three gave it on the ground that the -deposit itself was a publication and completed the statutory -copyright. It is submitted that this latter is the correct view, -and that, therefore, after deposit of the title-page and deposit -of copies in due form nothing further is necessary to acquire -copyright.</p> - -<p>Apart from the question as to whether publication is -necessary to complete the statutory right, several questions of -importance may arise on the fact or date of publication, <i>e. g.</i>:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. The remedy at Common Law depends entirely on the -absence of publication.</span> -<span class="i0">2. The due performance of the formalities of deposit -of title and copies are relative to the date of -publication.</span> -</div></div> - -<p>The essence of publication consists in a disclosure of the -thing itself, so that the public without discrimination of persons -have an opportunity of enjoying its use.<a id="FNanchor_1406" href="#Footnote_1406" class="fnanchor">[1406]</a> The most usual -method of publication of a literary or artistic work is the -offering for sale, selling, or giving away of copies.<a id="FNanchor_1407" href="#Footnote_1407" class="fnanchor">[1407]</a> It is not -necessary that a copy of the book be actually sold, it is -sufficient if it be offered to the public. The act of publication -is the act of the author, and cannot be dependent on the -act of the purchaser.<a id="FNanchor_1408" href="#Footnote_1408" class="fnanchor">[1408]</a> Gratuitous distribution to members of -the public, or leaving copies in a place to which the public -<span class="pagenum" id="Page_262">[262]</span> -have access, such as an hotel, is publication.<a id="FNanchor_1409" href="#Footnote_1409" class="fnanchor">[1409]</a> The sale or -distribution of copies, however, may be so limited to individuals, -or particular classes of individuals, as not to amount -to publication. When before the advertised date of publication -an advance lot of books in quires unbound were sent -to different publishers, with a request not to publish until -bound copies should be sent, it was held, in the absence of -evidence that the request was not complied with, that there -had been no publication.<a id="FNanchor_1410" href="#Footnote_1410" class="fnanchor">[1410]</a> The author of a literary or artistic -work may circulate it among his friends, or among a restricted -class subject to conditions, and at the same time retain his -common law right in unpublished work.<a id="FNanchor_1411" href="#Footnote_1411" class="fnanchor">[1411]</a> A teacher may circulate -copies of his work among the members of his class -without publishing the work.<a id="FNanchor_1412" href="#Footnote_1412" class="fnanchor">[1412]</a> In one case a sheet of miniature -copies of engravings was sent round to picture dealers -solely for their inspection and to solicit orders. This was -held not to be a publication.<a id="FNanchor_1413" href="#Footnote_1413" class="fnanchor">[1413]</a> Copies of an unpublished -opera given to the performers marked "Right of Representation -and Reproduction Reserved" is not a publication.<a id="FNanchor_1414" href="#Footnote_1414" class="fnanchor">[1414]</a> The -transmission of news over telegraphic instruments does not -constitute a general publication.<a id="FNanchor_1415" href="#Footnote_1415" class="fnanchor">[1415]</a> In order to protect the -common law right the distribution of copies must be strictly -confined to individuals or to a class. If the man in the street -may buy it there is a publication even although the work -is of such a nature (<i>e. g.</i> a trade journal) as will practically be -confined to a limited class.<a id="FNanchor_1416" href="#Footnote_1416" class="fnanchor">[1416]</a> It does not make it the less a -publication that every purchaser of, or subscriber to, a literary -or artistic work is bound by restrictive conditions as to its use. -So long as the work is put within the reach of all and not -limited to a class, it matters not what conditions are imposed -on the individual subscriber.<a id="FNanchor_1417" href="#Footnote_1417" class="fnanchor">[1417]</a> Thus the sale of a book to all -<span class="pagenum" id="Page_263">[263]</span> -who paid for a course of instruction in a system for training -the memory was held to be a publication notwithstanding that -each sale was made under a contract not to disclose the contents -to others.<a id="FNanchor_1418" href="#Footnote_1418" class="fnanchor">[1418]</a> A book may be published although it is not -sold but issued on loan to subscribers with an express condition -that the copy must be returned on the expiry of the subscription.<a id="FNanchor_1419" href="#Footnote_1419" class="fnanchor">[1419]</a> -Publication of a book in a serial form reserving all -other rights to the author, is such a publication as to abandon -the copyright to the world, if steps have not been taken to -copyright it before such publication.<a id="FNanchor_1420" href="#Footnote_1420" class="fnanchor">[1420]</a></p> - -<p>I have little doubt, but there is no definite authority, that -a book may be published so as to destroy the common law right, -although it is not printed. Circulation in manuscript would be -enough.<a id="FNanchor_1421" href="#Footnote_1421" class="fnanchor">[1421]</a></p> - -<p>The public performance of a dramatic piece is not a publication -of it so as to deprive the proprietor of his common law -right in the manuscript.<a id="FNanchor_1422" href="#Footnote_1422" class="fnanchor">[1422]</a> The same rule probably applies to the -oral delivery of a lecture or sermon, unless there is some act -or circumstance from which it can be implied that the speaker -intended to abandon the literary matter to the free use of the -public.</p> - -<p>It has been held by the Circuit Court of Appeals<a id="FNanchor_1423" href="#Footnote_1423" class="fnanchor">[1423]</a> that the -exhibition of a picture in a public gallery is a publication of -the picture so as to destroy the owner's rights, unless he has -taken steps to secure a copyright. One of the three judges -dissented from the judgment, but on what ground does not -appear. In a case decided by a district judge,<a id="FNanchor_1424" href="#Footnote_1424" class="fnanchor">[1424]</a> shortly before -the one just cited, the judge thought that the exhibition of a -<span class="pagenum" id="Page_264">[264]</span> -painting in a public saloon did not work a forfeiture of the -right to obtain copyright unless the general public was permitted -to take copies at pleasure, and such permission would -not be assumed in the absence of direct evidence. The same -judge decided that neither the sale of a replica in a different size -made before the principal picture by way of a study nor the -publication of a crayon sketch in an exhibition catalogue -was a publication of the picture. It is submitted that the -exhibition of a picture in a public gallery is a publication. It -seems to afford the public an opportunity of making every -legitimate use of the contents of the picture. They could not -make any greater use of the contents if they bought an engraving -of the picture. It would not even then be lawful for -them to make copies of the picture. As to the replica and the -rough sketches in the catalogue, no doubt they were not -"copies" of the picture, and therefore their publication could -not entirely destroy the copyright in the picture; but if these -were published without being copyrighted or without statutory -notice, clearly the public could copy them, and to that extent -the copyright in the design of the original picture would have -been forfeited.</p> - -<p>An unauthorised publication will not operate to forfeit the -common law rights;<a id="FNanchor_1425" href="#Footnote_1425" class="fnanchor">[1425]</a> but if authorised by the owner it is -immaterial that the publication constitutes a breach of contract -with a licensee or part assignee.<a id="FNanchor_1426" href="#Footnote_1426" class="fnanchor">[1426]</a> Thus the author of a -German unpublished play conveyed the performing rights in -the United States to a citizen of the States, and contracted with -him that he would not publish the play as a book. In breach -of this contract the play was published in Germany under the -authority of the author. It was held that such publication -destroyed all literary rights in the United States.<a id="FNanchor_1427" href="#Footnote_1427" class="fnanchor">[1427]</a> When the -defendant relies on previous publication he must definitely prove -such publication, and that it was made with the consent of the -owner.<a id="FNanchor_1428" href="#Footnote_1428" class="fnanchor">[1428]</a></p> - -<p><i>The Library of Congress.</i>—All the copyright records are in -<span class="pagenum" id="Page_265">[265]</span> -the Library of Congress at Washington, and are kept by the -Librarian of Congress, who makes an annual report to Congress -of the number and description of copyright publications.</p> - -<p>The Librarian of Congress must record the name of each -copyright work in a book kept for the purpose. The form of -entry is as follows:</p> - -<blockquote> - -<p>"Library of Congress, to wit,—Be it remembered that on the <span class="i10">day</span> -of <span class="i10">A. B.</span> of <span class="i10">,</span> hath deposited in this -office the title of a book (map, chart, or otherwise as the case may be, or -description of the article), the title or description of which is in the -following words, to wit: (here insert the title or description), the right -whereof he claims as author (originator or proprietor as the case may be), -in conformity with the laws of the United States respecting copyright.—C. -D., Librarian of Congress."</p></blockquote> - -<p>The librarian must give a copy of the title or description under -the seal of the Librarian of Congress to the proprietor whenever -he requires it.</p> - -<p>The Librarian of Congress is entitled to receive from the -persons to whom the services are rendered the following -fees:<a id="FNanchor_1429" href="#Footnote_1429" class="fnanchor">[1429]</a></p> - -<table summary="Table of fees received by the Librarian of Congress for services rendered."> -<tr> -<td>1. For recording title or description</td> -<td class="tdr i10">50</td> -<td>c.</td> -</tr> -<tr> -<td>2. For a copy of such record under seal </td> -<td class="tdr i10">50</td> -<td>c.</td> -</tr> -<tr> -<td>3. For recording and certifying a written consignment</td> -<td class="tdr i10">$1</td> -<td></td> -</tr> -<tr> -<td>4. For a copy of an assignment</td> -<td class="tdr i10">$1</td> -<td></td> -</tr> -</table> - -<p>All fees so received must be paid into the Treasury of the -United States.</p> - -<p>The charge for recording the title or description of the -work of a person not a citizen of, or resident in, the United -States is $1.</p> - -<p>The Librarian forwards a note of the title-entries to the -Secretary of the Treasury, who must prepare and print, at -intervals of not more than a week, catalogues of such title-entries -for distribution to the collectors of customs of the -United States and to the postmasters of all post-offices -receiving foreign mails; and such weekly lists as they are -<span class="pagenum" id="Page_266">[266]</span> -issued are furnished to all parties desiring them at a sum not -exceeding $5 per annum.<a id="FNanchor_1430" href="#Footnote_1430" class="fnanchor">[1430]</a></p> - -<p>The Secretary and Postmaster-General are empowered and -required to make and enforce such rules and regulations as -will prevent the importation into the United States of all -articles prohibited by the Copyright Acts.<a id="FNanchor_1431" href="#Footnote_1431" class="fnanchor">[1431]</a></p> - -<p>The Postmaster to whom a copyright book, title, or other -article is delivered for the Librarian of Congress must, if -requested, give a receipt therefor, and when so delivered he -must mail it to its destination.<a id="FNanchor_1432" href="#Footnote_1432" class="fnanchor">[1432]</a></p> - -<p>For every failure on the part of the proprietor of any -copyright to deliver or deposit in the mail either of the -published copies, or description, or photograph, the proprietor -of the copyright is liable to a penalty of $25, to be recovered -by the Librarian of Congress in the name of the United States -in an action in the nature of an action of debt in any district -court of the United States, within the jurisdiction of which -the delinquent may reside or be found.<a id="FNanchor_1433" href="#Footnote_1433" class="fnanchor">[1433]</a></p> - -<h3><span class="smcap">Section IV.—Immoral Works.</span></h3> - -<p>A work containing immoral matter will not receive the -protection of the Courts.<a id="FNanchor_1434" href="#Footnote_1434" class="fnanchor">[1434]</a> A song containing the verse, -"She's the hottest thing you ever seen," was not protected.<a id="FNanchor_1435" href="#Footnote_1435" class="fnanchor">[1435]</a> -The introduction of obscene, profane, or libellous -matter into a literary or artistic work does not render -it <i>publici juris</i>; the copyright remains, but the Court will -not entertain any action upon it. Thus in <i>Broder</i> v. -<i>Zeno</i><a id="FNanchor_1436" href="#Footnote_1436" class="fnanchor">[1436]</a> the Court said that their decision to refuse protection -would not prevent the complainants from republishing -their song, and by omitting the objectionable word thus -secure a valid copyright. If an action is brought for the -piracy of immoral matter it will be dismissed without costs -to either party. The fact that a work such as playing cards -<span class="pagenum" id="Page_267">[267]</span> -may, and probably will, be used for an unlawful purpose, -does not disentitle it to protection.<a id="FNanchor_1437" href="#Footnote_1437" class="fnanchor">[1437]</a> A guide to the turf has -been protected,<a id="FNanchor_1438" href="#Footnote_1438" class="fnanchor">[1438]</a> so has a list of records and trotters and -pacers.<a id="FNanchor_1439" href="#Footnote_1439" class="fnanchor">[1439]</a></p> - -<h3><span class="smcap">Section V.—Duration of Copyright.</span></h3> - -<blockquote> - -<p>"Copyrights shall be granted for the term of twenty-eight years from -the time of recording the title thereof."<a id="FNanchor_1440" href="#Footnote_1440" class="fnanchor">[1440]</a></p> - -<p>"The author, inventor, or designer, if he be still living, or his widow -or children if he be dead, shall have the same exclusive right continued -for the further term of fourteen years, upon recording the title of the -work or description of the article so secured a second time, and -complying with all other regulations in regard to original copyright, -within six months before the expiration of the first term: and such -persons shall, within two months from the date of said renewal, cause a -copy of the record thereof to be published in one or more newspapers -printed in the United States for the space of four weeks."<a id="FNanchor_1441" href="#Footnote_1441" class="fnanchor">[1441]</a></p></blockquote> - -<p>In <i>Callaghan</i> v. <i>Myers</i><a id="FNanchor_1442" href="#Footnote_1442" class="fnanchor">[1442]</a> it was said that if by an error the -notice of copyright on a published book bore a date prior to the -actual year of publication the result would be not that the -notice was bad, but that the term of copyright would date -from the year specified in the notice.</p> - -<p>Notice that the right to obtain an extended term is not -given to the "proprietor;" therefore an employer whose -servant did literary of artistic work in his employment would -not be entitled to an extension. It seems doubtful whether -the servant in such a case, although the actual author, would -be entitled to an extension: it is thought not.</p> - -<p>If the author, inventor, or designer assigns his copyright, -he does not part with his right to an extension unless this is -clearly intended by the transfer.<a id="FNanchor_1443" href="#Footnote_1443" class="fnanchor">[1443]</a> From the terms of the -statute one might doubt whether the right to obtain an -extension is assignable. No doubt a contract to assign it -would be valid, and a document purporting to assign it -<span class="pagenum" id="Page_268">[268]</span> -would be held equivalent to such, so that on the extension -being acquired the purchaser could compel an assignment.</p> - -<p>If the author of an unpublished work conveys all right, -title, and interest in it to another, he certainly cannot take out -an extended term to run against his grantee.<a id="FNanchor_1444" href="#Footnote_1444" class="fnanchor">[1444]</a> It seems doubtful -whether he can take it out at all. Certainly his grantee cannot, -and probably the author could not for his benefit.</p> - -<p>If the original term is invalid there will be no right to a -renewal.<a id="FNanchor_1445" href="#Footnote_1445" class="fnanchor">[1445]</a><span class="pagenum" id="Page_269">[269]</span> -</p> - -<hr class="chap" /> -<h2>CHAPTER III<br /> - -WHO IS THE OWNER OF THE COPYRIGHT?</h2> - -<p>Under Section 4952 of the Revised Statutes as amended by -the Act of March 3, 1891, the statutory right is vested in "the -author, inventor, designer, or proprietor, and the executors, -administrators, or assigns of any such person."</p> - -<p>Care must be taken in entering a copyright that it is -entered by and in the name of the owner of the common -law right in the literary or artistic work. The entry does not -require to be in the name of the author or to disclose who he -is. It must be in the name of the owner, and if entered in the -name of any other person it will be a bad entry.<a id="FNanchor_1446" href="#Footnote_1446" class="fnanchor">[1446]</a> Thus, when -a printer in his own name copyrighted a book of which he was -not the owner, he could not maintain an action either for -his own use or for the use of the owner.<a id="FNanchor_1447" href="#Footnote_1447" class="fnanchor">[1447]</a> Every action for -infringement must be brought in the name of the owner of the -copyright for the time being; and it would seem, if he is not -the author himself, he must show a derivative title from the -author.<a id="FNanchor_1448" href="#Footnote_1448" class="fnanchor">[1448]</a> The owner of a manuscript by an author unknown -would not be entitled to copyright as "proprietor" and first -publisher.<a id="FNanchor_1449" href="#Footnote_1449" class="fnanchor">[1449]</a></p> - -<h3><span class="smcap">Section I.—The Author.</span></h3> - -<p><i>Primâ facie</i> the author is owner of the copyright. If he is -in a position of employment the right in his work may vest on -creation in his employer; or he may have contracted in such -a way that the property passes to another.<a id="FNanchor_1450" href="#Footnote_1450" class="fnanchor">[1450]</a> But some relationship -<span class="pagenum" id="Page_270">[270]</span> -or contract must be shown whereby the right passes, -otherwise it remains the property of the author. The author -who does work on commission does not necessarily part with -his copyright, it may be expressly or impliedly reserved;<a id="FNanchor_1451" href="#Footnote_1451" class="fnanchor">[1451]</a> -neither does an author under a publishing agreement necessarily -convey his rights to the publisher.<a id="FNanchor_1452" href="#Footnote_1452" class="fnanchor">[1452]</a> In either case it -will depend on a construction of the contract between the -parties.</p> - -<p>The author of a literary or artistic work is the man who -creates it in his mind.<a id="FNanchor_1453" href="#Footnote_1453" class="fnanchor">[1453]</a> He may employ others in the execution -of the details or in the merely manual or mechanical work -and yet remain the sole author. The author of a photograph -is the man who arranges the subject and makes choice of the -time and light. It does not make him any less the sole owner -of the work that he employs some one to take off the cap -or perform other manual details. A man who compiles a -dictionary or a directory may be the sole owner of it, although -he has had scores of employees working up the separate -parts for him.<a id="FNanchor_1454" href="#Footnote_1454" class="fnanchor">[1454]</a> But to constitute one an author he must -show that his was the "inventive" or "creative" mind; it will -not do that he has suggested a scheme and employed or -procured some one else to carry it out independently;<a id="FNanchor_1455" href="#Footnote_1455" class="fnanchor">[1455]</a> he -must by his own intellectual labour applied to the material -of his composition produce an arrangement or compilation -new in itself.<a id="FNanchor_1456" href="#Footnote_1456" class="fnanchor">[1456]</a> There may be joint authorship resulting in -co-ownership.</p> - -<p>When an unpublished work or copyright belongs to two -or more persons in common, whether as co-authors or co-assignees, -either of the two may alone sue a wrongdoer,<a id="FNanchor_1457" href="#Footnote_1457" class="fnanchor">[1457]</a> and -either may at his own expense publish the book without -accounting to his co-owner.<a id="FNanchor_1458" href="#Footnote_1458" class="fnanchor">[1458]</a><span class="pagenum" id="Page_271">[271]</span> -</p> - -<h3><span class="smcap">Section II.—The Employer.</span></h3> - -<p>Probably in the case of a paid servant who does literary or -artistic work for his master in the course of his employment, -the master is the proprietor of the work even in its embryo -state, and no conveyance, transfer, or consent by or on behalf -of the servant is necessary to entitle the master to enter the -copyright in his own name as proprietor. In such a case -he does not require to show that he is the "author" of the -work; he is a proprietor, and is entitled to the copyright -as such.<a id="FNanchor_1459" href="#Footnote_1459" class="fnanchor">[1459]</a></p> - -<p>In the case of work done on commission the relationship -of the parties is somewhat different. The author is not a -servant but an independent contractor, and therefore his work -does not <i>ab initio</i> vest in his employer. There is a strong presumption -in the case of a commission to execute work not in -existence at the time, that the work when executed is to belong -unreservedly to the person giving the order.<a id="FNanchor_1460" href="#Footnote_1460" class="fnanchor">[1460]</a> The question -depends, however, entirely on what the actual agreement -between the parties was.<a id="FNanchor_1461" href="#Footnote_1461" class="fnanchor">[1461]</a> An author, although he does work -on commission, may well reserve the copyright to himself, -giving to his employer a licence for a particular purpose only.<a id="FNanchor_1462" href="#Footnote_1462" class="fnanchor">[1462]</a> -If it has been agreed expressly or impliedly that the employer -is to become owner of the copyright, then the delivery of the -manuscript or other work in fulfilment of the contract will pass -the author's literary or artistic common law right to the employer, -and the latter may take the copyright in his own name -as proprietor.<a id="FNanchor_1463" href="#Footnote_1463" class="fnanchor">[1463]</a> If the term of the contract were that the -author should retain the copyright, copyright must be entered -in the author's name.<span class="pagenum" id="Page_272">[272]</span> -</p> - -<h3><span class="smcap">Section III.—The State.</span></h3> - -<p>It has been questioned whether the Government of the -United States or an individual State could take out a copyright -for itself.<a id="FNanchor_1464" href="#Footnote_1464" class="fnanchor">[1464]</a> It does seem doubtful whether the State can -<i>ab initio</i> be the proprietor of a copyright. As was pointed out -in <i>Banks</i> v. <i>Manchester</i>:<a id="FNanchor_1465" href="#Footnote_1465" class="fnanchor">[1465]</a></p> - -<blockquote> - -<p>"The State cannot properly be called a citizen of the United States -or a resident therein, nor could it ever be in a condition to fall within the -description in the Revised Statutes, section 4952 or section 4954."</p></blockquote> - -<p>A corporation, however, has been held capable of entering -itself as the original proprietor of a copyright.<a id="FNanchor_1466" href="#Footnote_1466" class="fnanchor">[1466]</a> In the case of -<i>Heine</i> v. <i>Appleton</i>,<a id="FNanchor_1467" href="#Footnote_1467" class="fnanchor">[1467]</a> where an artist was employed on a Government -expedition to Japan on the terms that all his artistic and -scientific work should be the property of the United States -Government, and the artistic material was, with the artist's -consent, published by order of Congress in the report of the -expedition, it was said that the artistic matter had been -abandoned to the free use of the public. It does not appear, -however, whether Congress, if they had taken steps, could or -could not have secured a copyright in the literary or artistic -matter in the report. Whether or not the Government of the -United States or a State could be lawfully entered as the -original proprietors of a work, it cannot be seriously doubted -that as assignees they could acquire a copyright in matter -already copyrighted by an individual. This they would be -entitled to purchase and hold as any other Government property, -such as ships, guns, and stores. A copyright might be -taken out by an individual minister for the benefit of the -people.<a id="FNanchor_1468" href="#Footnote_1468" class="fnanchor">[1468]</a></p> - -<h3><span class="smcap">Section IV.—The Assignee.</span></h3> - -<p>Before copyright has been secured the common law rights -in a manuscript or other unpublished work may be conveyed -<span class="pagenum" id="Page_273">[273]</span> -by parol; no writing or evidence in writing is required.<a id="FNanchor_1469" href="#Footnote_1469" class="fnanchor">[1469]</a> If a -publisher takes a copyright in his own name with the knowledge -and acquiescence of the author, the publisher is the -lawful owner of the copyright subject to his accounting to the -author in terms of the contract between them.<a id="FNanchor_1470" href="#Footnote_1470" class="fnanchor">[1470]</a> Under the -Act of 1831, and until the Revised Statutes, 1874, were passed, -it would seem that a manuscript could not be assigned except -by writing.<a id="FNanchor_1471" href="#Footnote_1471" class="fnanchor">[1471]</a> Although the common law exclusive right of -first production may pass by parol or delivery, it does not -necessarily pass with possession or even with the ownership of -the manuscript or other work. An author or other proprietor -may sell documents, pictures, or other literary or artistic -articles, reserving to himself the right of publication and right -to acquire copyright and subsequently multiply copies.<a id="FNanchor_1472" href="#Footnote_1472" class="fnanchor">[1472]</a> If an -author's manuscripts are sold in execution, the purchaser does -not acquire the right of publication.</p> - -<p>After copyright has been secured the assignment is governed -by statute. Section 4955 of the Revised Statutes, 1874, provides -that copyrights are assignable in law by any instrument in -writing, and such assignment must be recorded in the office of -the Librarian of Congress within sixty days after its execution; -in default of which it is void as against any subsequent -purchaser or mortgagee for a valuable consideration without -notice.</p> - -<p>It must be considered at least doubtful whether this section -affects a question between the parties or between the assignee -and one who does not claim through the assignor.<a id="FNanchor_1473" href="#Footnote_1473" class="fnanchor">[1473]</a> Mr. -Drone, in his work on copyright, expresses an opinion that the -first part of the section is merely permissive, and intended to -<span class="pagenum" id="Page_274">[274]</span> -show that if the assignment is in writing no formalities are -required. I doubt if this is sound. I think that even as -between assignor and the assignee the assignment must be in -writing; but I think the assignee can, without recording the -assignment, sue his assignor or any third person, except those -who claim a title through the assignor.</p> - -<p>An agreement to assign may be made by parol, and where -there was no subsequent assignment in proper form damages -could be recovered for breach of the agreement.<a id="FNanchor_1474" href="#Footnote_1474" class="fnanchor">[1474]</a></p> - -<p>Any alien friend may be an assignee of a copyright in the -United States.<a id="FNanchor_1475" href="#Footnote_1475" class="fnanchor">[1475]</a></p> - -<p>The assignee appears to take with the copyright an assignment -of the assignor's choses in action; he has been held -entitled to sue in respect of infringements committed prior to -assignment.<a id="FNanchor_1476" href="#Footnote_1476" class="fnanchor">[1476]</a></p> - -<p>An assignment need not necessarily be made by conveying -the author's entire right to one person. It may be conveyed -to two or more persons in common, or an undivided interest -may be conveyed to one or more persons.<a id="FNanchor_1477" href="#Footnote_1477" class="fnanchor">[1477]</a> We have seen -that the statutory right of reproduction is divisible from the -right of property in the concrete work.<a id="FNanchor_1478" href="#Footnote_1478" class="fnanchor">[1478]</a> Thus an author may -sell his painting or manuscript and retain the right to multiply -copies. Further, the various rights of copyright may be split -up as the holder pleases;<a id="FNanchor_1479" href="#Footnote_1479" class="fnanchor">[1479]</a> one may have the right of printing, -another the right of translating, and a third the right of performing. -The assignment may also be limited as to a particular -country or countries,<a id="FNanchor_1480" href="#Footnote_1480" class="fnanchor">[1480]</a> the right to perform or print in America -may be given to A, and the right to perform or print in Great -Britain to B. Probably an assignment cannot be limited to -a portion of the United States.<a id="FNanchor_1481" href="#Footnote_1481" class="fnanchor">[1481]</a> I do not think that a copyright -could be assigned for a limited time.<a id="FNanchor_1482" href="#Footnote_1482" class="fnanchor">[1482]</a></p> - -<p>As a rule a licensee cannot sue in respect of an infringement; -<span class="pagenum" id="Page_275">[275]</span> -but a licensee has been held the proper party to sue -when he was an exclusive licensee, and by the terms of his -licence was to bring all necessary suits.<a id="FNanchor_1483" href="#Footnote_1483" class="fnanchor">[1483]</a> Copyright passes by -bequest or on intestacy to the executors or administrators of -the owner.<a id="FNanchor_1484" href="#Footnote_1484" class="fnanchor">[1484]</a> On bankruptcy the bankrupt's copyrights may be -applied for the benefit of the estate; but it would probably be -necessary for the Court to order a transfer in conformity with -the requirements of the Copyright Acts.<a id="FNanchor_1485" href="#Footnote_1485" class="fnanchor">[1485]</a> Probably a bankrupt's -manuscripts and other private matter could not be -published for the benefit of the estate without the consent of -the bankrupt.<span class="pagenum" id="Page_276">[276]</span></p> - -<hr class="chap" /> -<h2>CHAPTER IV<br /> - -INFRINGEMENT OF COPYRIGHT</h2> - -<p>The exclusive right given by the statute is "the sole liberty of -printing, reprinting, publishing, completing, copying, executing, -finishing, and vending ... and, in the case of a dramatic -composition, of publicly performing or representing it or causing -it to be performed or represented by others; and authors or -their assigns shall have exclusive right to dramatize and -translate any of their works for which copyright shall have -been obtained under the laws of the United States."<a id="FNanchor_1486" href="#Footnote_1486" class="fnanchor">[1486]</a></p> - -<h3><span class="smcap">Section I.—What is a Piratical Copy.</span></h3> - -<p>A copy of a literary or artistic work is such a reproduction -of the original as will serve in whole or in part as a substitute -for the original. Thus the plate from which a piratical engraving -is intended to be struck is not a copy of the original -engraving amounting to an infringement.<a id="FNanchor_1487" href="#Footnote_1487" class="fnanchor">[1487]</a> Neither when -several stones are required to produce a lithograph is an -impression of the first stone only giving a mere outline an -infringement.<a id="FNanchor_1488" href="#Footnote_1488" class="fnanchor">[1488]</a> But a lithograph may be an infringement of a -photograph if it produces the general conception even although -the artistic detail and peculiar merit of the photograph are not -reproduced.<a id="FNanchor_1489" href="#Footnote_1489" class="fnanchor">[1489]</a> It has also been held that a photograph may be -infringed by the design thereof being stamped on leather for a -chair seat.<a id="FNanchor_1490" href="#Footnote_1490" class="fnanchor">[1490]</a> A perforated scroll used for a mechanical musical -instrument, such as a pianola or æolian, is not a piratical copy -of the original music.<a id="FNanchor_1491" href="#Footnote_1491" class="fnanchor">[1491]</a><span class="pagenum" id="Page_277">[277]</span> -</p> - -<p>It is equally an infringement to make copies of a copyright -work for a private distribution as it is to make them for sale.<a id="FNanchor_1492" href="#Footnote_1492" class="fnanchor">[1492]</a> -Strictly, even a single copy made for private use would be an -infringement.</p> - -<p><b>Copying may be Indirect.</b>—A piratical taking need not necessarily -be made direct from an authorised copy of the work alleged -to be infringed. It may be taken from a derivative work, for -instance, a painting may be infringed by copying an engraving -made from it;<a id="FNanchor_1493" href="#Footnote_1493" class="fnanchor">[1493]</a> or it may be taken from another unauthorised -work. It would seem that it is not considered an infringement -of copyright to publish and sell copies taken from the work -before it was copyrighted, even although published and sold -after it was copyrighted.<a id="FNanchor_1494" href="#Footnote_1494" class="fnanchor">[1494]</a> It might be a breach of contract or -common law right.</p> - -<p><b>The Intention need not be Bad.</b>—There is no necessity for -the plaintiff in an action for infringement to show either that -the defendant when he took the matter knew that it was protected -by copyright, or that he believed the use which he was -making of the plaintiff's work was an unfair one.<a id="FNanchor_1495" href="#Footnote_1495" class="fnanchor">[1495]</a> The defendant -may have been equally ignorant of fact and law, and -yet he will be responsible for the result of his actions. Conversely, -if in fact the defendant has not made an unfair use of -the plaintiff's copyright work, it is immaterial to show either -that he thought he was infringing the plaintiff's copyright or -that he intended to carry his work further and actually to -infringe the plaintiff's rights.<a id="FNanchor_1496" href="#Footnote_1496" class="fnanchor">[1496]</a> The intention of the defendant, -however, may be material as evidence in a doubtful case.<a id="FNanchor_1497" href="#Footnote_1497" class="fnanchor">[1497]</a></p> - -<p><b>Proof of Copying.</b>—The onus of proving an infringement -is on the party making the charge.<a id="FNanchor_1498" href="#Footnote_1498" class="fnanchor">[1498]</a> Mere similarity is not -<span class="pagenum" id="Page_278">[278]</span> -sufficient; he must show that the work charged as a piracy was -taken from his copyright work. The strongest evidence is -usually in the coincidence of errors; but a few solitary instances -are not conclusive. In a question between the authors -of two rival law works,<a id="FNanchor_1499" href="#Footnote_1499" class="fnanchor">[1499]</a> it was held that the duplication of a -few errors in citations was not sufficient evidence of piracy -where there was obviously a great deal of further work and -labour expended in the preparation of the alleged infringing -work. In a question of an alleged infringing digest,<a id="FNanchor_1500" href="#Footnote_1500" class="fnanchor">[1500]</a> it was -held that the mere verbal identity of the summary of one case -where a large number of cases had been digested was not -sufficient proof.</p> - -<p><b>No Monopoly in Subject-Matter.</b>—The right of copyright -is an exclusive right of reproducing the whole or any part of -an original literary or artistic work. It differs from a right of -patent in that it does not prohibit another from producing and -reproducing a work identically the same as the protected work, -provided that he does so by going to the common sources of -information and not by copying the protected work. Copyright -creates no monopoly in the subject-matter. One man may -compile tables of shipping and railway statistics; another may, -without infringing the former's copyright, collect the same -material and work it up for himself, producing, if accurately -done and on the same principle, a very similar result.<a id="FNanchor_1501" href="#Footnote_1501" class="fnanchor">[1501]</a> In the -same way arithmetics,<a id="FNanchor_1502" href="#Footnote_1502" class="fnanchor">[1502]</a> translations,<a id="FNanchor_1503" href="#Footnote_1503" class="fnanchor">[1503]</a> school grammars,<a id="FNanchor_1504" href="#Footnote_1504" class="fnanchor">[1504]</a> maps -of a particular country,<a id="FNanchor_1505" href="#Footnote_1505" class="fnanchor">[1505]</a> biographies,<a id="FNanchor_1506" href="#Footnote_1506" class="fnanchor">[1506]</a> lithographs,<a id="FNanchor_1507" href="#Footnote_1507" class="fnanchor">[1507]</a> law books,<a id="FNanchor_1508" href="#Footnote_1508" class="fnanchor">[1508]</a> -and other works<a id="FNanchor_1509" href="#Footnote_1509" class="fnanchor">[1509]</a> do not entitle their author to say to a subsequent -worker in the same field that as he was there first he -has a right to exclude others from competition. In one case<a id="FNanchor_1510" href="#Footnote_1510" class="fnanchor">[1510]</a> -it was attempted to set up a monopoly in the biography of -President Garfield, on the ground that the President had -<span class="pagenum" id="Page_279">[279]</span> -selected a particular person for the work. The contention -was rejected by the Court. Probably the only case in which -an argument in favour of monopoly in a certain subject-matter -has been sustained is that of <i>Thomas</i> v. <i>Lennox</i>.<a id="FNanchor_1511" href="#Footnote_1511" class="fnanchor">[1511]</a> The subject -of the action was Gounod's Oratorio <i>The Redemption</i>. A pianoforte -arrangement had been published without acquiring copyright, -but the orchestral score had never been published. The -defendants procured a composer to compose an orchestral -score from the pianoforte arrangement. This they publicly -performed. In an action for infringement of the common law -right in the plaintiff's unpublished orchestral score, the Court, in -granting an injunction, said:</p> - -<blockquote> - -<p>"In this respect an opera is more like a patented invention than a -common book; he who shall obtain similar results, better or worse, by -similar means, though the opportunity is furnished by an unprotected -book, should be held to infringe the rights of the composer."</p></blockquote> - -<p>It is almost certain that this is bad law;<a id="FNanchor_1512" href="#Footnote_1512" class="fnanchor">[1512]</a> it is contrary to -the whole principle of copyright, and there is no substantial -reason why an exception should be made in favour of a musical -adaptation and not in that of a map or any other literary or -musical work.</p> - -<p><b>Taking a Substantial Part.</b>—In <i>Lawrence</i> v. <i>Dana</i>, Clifford, -J., said:</p> - -<blockquote> - -<p>"Copying is not confined to literal repetition, but includes also the -various modes in which the matter of any publication may be adopted, -imitated, or transferred, with more or less colourable alterations to disguise -the source from which the material was derived; nor is it necessary that -the whole, or even the larger portion of the work, should be taken in order -to constitute an invasion of copyright."<a id="FNanchor_1513" href="#Footnote_1513" class="fnanchor">[1513]</a></p></blockquote> - -<p>In <i>Folsom</i> v. <i>Marsh</i>, Story, J., said:</p> - -<blockquote> - -<p>"If so much is taken that the value of the original is sensibly diminished, -or the labours of the original author are substantially, to an -<span class="pagenum" id="Page_280">[280]</span> -injurious extent, appropriated by another, that is sufficient in point of law -to constitute a piracy <i>pro tanto</i>. The entirety of the copyright is the property -of the author, and it is no defence that another person has appropriated -a part and not the whole of any property."<a id="FNanchor_1514" href="#Footnote_1514" class="fnanchor">[1514]</a></p></blockquote> - -<p>To constitute an infringement there must be a taking of a -material part of the original matter from another's work.<a id="FNanchor_1515" href="#Footnote_1515" class="fnanchor">[1515]</a> To -determine what is a material part is often a question of extreme -difficulty and nicety. It depends on the quantity and quality -of the matter taken, the object with which it is taken, the relation -of the works to one another, the proportion of the matter -taken to the complete works, but more particularly to the work -of the borrower, the extent to which the work borrowed from -is injured, and the extent to which the borrower makes profit -from the introduction of the borrowed matter.<a id="FNanchor_1516" href="#Footnote_1516" class="fnanchor">[1516]</a> In the -case of <i>Morrison</i> v. <i>Pettibone</i>,<a id="FNanchor_1517" href="#Footnote_1517" class="fnanchor">[1517]</a> a district judge held that the -taking of the mere outline of a copyright photograph was not -a copying within the meaning of the statutes. In this case it -had been intended by the defendant to make an entire reproduction -of the photograph by the process of lithography. The -stones were all in actual readiness, but only one had been used, -giving the initial colour and exterior lines of the intended -lithograph. In one case where a few references had been -taken by the author of one law book from another, a preliminary -injunction was refused on the ground of small amount.<a id="FNanchor_1518" href="#Footnote_1518" class="fnanchor">[1518]</a> -The alleged infringement of a copyright photograph need not, -however, be substantially identical in order to ensure conviction; -it is sufficient if a substantial portion of the main design, -distinctive ideas, or characteristic features are taken.<a id="FNanchor_1519" href="#Footnote_1519" class="fnanchor">[1519]</a> Taking -the boundaries of townships from a copyright map has been -held to be an infringement.<a id="FNanchor_1520" href="#Footnote_1520" class="fnanchor">[1520]</a> The taking of a single scene from -<span class="pagenum" id="Page_281">[281]</span> -the drama of another may be an infringement.<a id="FNanchor_1521" href="#Footnote_1521" class="fnanchor">[1521]</a> It is no -answer to an action for infringement to say that the defendant's -book in no way rivals or competes with the plaintiff's work.<a id="FNanchor_1522" href="#Footnote_1522" class="fnanchor">[1522]</a> -That is merely a question of damages.</p> - -<p><b>Fair Use.</b>—Although a man is not permitted to take the -whole or part of another's work in the compilation of his own, -he is entitled to make of that other's work what is known as a -"fair use," for the purpose of a new work. One may use -another's book as a guide to authorities;<a id="FNanchor_1523" href="#Footnote_1523" class="fnanchor">[1523]</a> for supplying suggestions -as to treatment of a subject;<a id="FNanchor_1524" href="#Footnote_1524" class="fnanchor">[1524]</a> and for the purpose of -checking the accuracy<a id="FNanchor_1525" href="#Footnote_1525" class="fnanchor">[1525]</a> of a completed work. One may use -it as a storehouse of information; but in a rival work it will be -an infringement to take any of the facts as arranged, or to take -any of the language of the other's book, except for the purposes -of criticism.</p> - -<p>Shipman, J., says in <i>Banks</i> v. <i>M'Divitt</i>:<a id="FNanchor_1526" href="#Footnote_1526" class="fnanchor">[1526]</a></p> - -<blockquote> - -<p>"I do not understand that the rule prohibits an examination of previous -works by the compiler before he has finished his own book, or the mere -obtaining of ideas from such previous works.</p> - -<p>"It may be laid down as the clear result of the authorities in cases -of this nature that the true test of piracy or not is to ascertain whether -the defendant has in fact used the plan, arrangements, and illustrations -of the plaintiff as the model of his own book with colourable alterations -and variations only to disguise the use thereof; or whether his work -is the result of his own labour, skill, and use of common materials and -common sources of knowledge open to all men, and the resemblances -are either accidental or arising from the nature of the subject."<a id="FNanchor_1527" href="#Footnote_1527" class="fnanchor">[1527]</a></p></blockquote> - -<p>A dramatist must not take the plot, the characters, the -scenes, or situations from the drama of another.<a id="FNanchor_1528" href="#Footnote_1528" class="fnanchor">[1528]</a> A musician -must not take his melody from that of another composer.<a id="FNanchor_1529" href="#Footnote_1529" class="fnanchor">[1529]</a> -The compiler of a digest must not borrow verbatim from the -<span class="pagenum" id="Page_282">[282]</span> -headnotes in the reports.<a id="FNanchor_1530" href="#Footnote_1530" class="fnanchor">[1530]</a> The compiler of a directory must -discover and make his own selection of the matter to be -comprised in it.<a id="FNanchor_1531" href="#Footnote_1531" class="fnanchor">[1531]</a> The designer of a map must not take the -position of his towns and boundaries from a copyright map.<a id="FNanchor_1532" href="#Footnote_1532" class="fnanchor">[1532]</a> -The compiler of a dictionary must not take his definitions -from another's copyright dictionary.<a id="FNanchor_1533" href="#Footnote_1533" class="fnanchor">[1533]</a> The writer of a law book -must not take his citations and references from the work of -another.<a id="FNanchor_1534" href="#Footnote_1534" class="fnanchor">[1534]</a> It is no answer to a charge of infringement for -the defendant to say he could have produced the same result -with a little extra trouble. He is not thereby entitled to -appropriate the plaintiff's labours.<a id="FNanchor_1535" href="#Footnote_1535" class="fnanchor">[1535]</a> A man may take ideas -from the work of another and put his own material into a -similar form.<a id="FNanchor_1536" href="#Footnote_1536" class="fnanchor">[1536]</a> If one man writes a book on physiognomy on -a new system, another may adopt his system and from his -own research write a similar book. So the copyrighting of -tables showing the standing and credit of the citizens of a -state does not prevent another from compiling similar tables.<a id="FNanchor_1537" href="#Footnote_1537" class="fnanchor">[1537]</a> -The sketch of a detective which was said to convey an original -idea was held not to have been infringed by another drawing -carrying out the same idea but differently executed.<a id="FNanchor_1538" href="#Footnote_1538" class="fnanchor">[1538]</a> There is -no copyright in a method of advertising,<a id="FNanchor_1539" href="#Footnote_1539" class="fnanchor">[1539]</a> so that if a tradesman -issues a circular describing a particular method of obtaining -goods by collecting discount coupons, although another -tradesman may not copy his circular he may adopt the -same system and issue a catalogue of his own, describing the -system in his own words.<a id="FNanchor_1540" href="#Footnote_1540" class="fnanchor">[1540]</a> There is no infringement of a -drama in adopting from it a mechanical contrivance, such as a -tank filled with water to represent a river on the stage.<a id="FNanchor_1541" href="#Footnote_1541" class="fnanchor">[1541]</a> In -<span class="pagenum" id="Page_283">[283]</span> -the case of <i>Bullinger</i> v. <i>MacKay</i><a id="FNanchor_1542" href="#Footnote_1542" class="fnanchor">[1542]</a> it is suggested by Benedict, -J., in his judgment that there might be copyright in a novel -system of arranging matter in a statistical work. It is submitted -that this is wrong, and that even if the arrangement -was an original one there would be no infringement in taking -the method of arrangement and applying it independently.</p> - -<p><b>Improvement no Excuse.</b>—It is no answer to an action -for infringement for the defendant to say that he has made -a good work out of a bad one, and so benefited the literary -or artistic world.<a id="FNanchor_1543" href="#Footnote_1543" class="fnanchor">[1543]</a> Even although I correct errors and make -necessary additions so as to create from a worthless a useful -book, I am not entitled so to deal with another author's -work without his permission. Good or bad, an author is -entitled to do what he likes with his own work and to prevent -others making an unfair use of his labours.<a id="FNanchor_1544" href="#Footnote_1544" class="fnanchor">[1544]</a></p> - -<p><b>Different Object.</b>—When a subsequent book is written with -a different object from a previous publication it may be -legitimate to take considerable extracts from the earlier work. -To what extent this will be permitted must depend upon the -relative value of the matter taken, and the purpose for which it -is taken.<a id="FNanchor_1545" href="#Footnote_1545" class="fnanchor">[1545]</a> It is not an absolute answer to an action for infringement -to say that the matter was taken for an entirely -different purpose from that for which it was used in the original -work. If the taking in any way supersedes the uses to which -the matter taken might have been put by its original author -there is an infringement.<a id="FNanchor_1546" href="#Footnote_1546" class="fnanchor">[1546]</a> Thus where the main design of a -photograph was reproduced on stamped leather,<a id="FNanchor_1547" href="#Footnote_1547" class="fnanchor">[1547]</a> and where the -author of a life of Garfield for the young borrowed largely -from a biography of Garfield written for political campaigns,<a id="FNanchor_1548" href="#Footnote_1548" class="fnanchor">[1548]</a> -there was held to be infringement. It is the nature and value -of the extracts more than their length or number that must -determine whether it was legitimate to take them or not.<span class="pagenum" id="Page_284">[284]</span> -</p> -<p>In <i>Gray</i> v. <i>Russell</i>,<a id="FNanchor_1549" href="#Footnote_1549" class="fnanchor">[1549]</a> Story, J., says:</p> - -<blockquote> - -<p>"<i>Non numerantur, ponderantur</i>; the quintessence of a work may be -piratically extracted so as to leave a mere <i>caput mortuum</i>, by a selection of -all the important passages in a comparatively moderate space."</p></blockquote> - -<p><b>Extract for Review.</b>—Extracts may be taken from a work -for the purpose of reviewing or criticising it, or writing a -treatise in answer.</p> - -<blockquote> - -<p>"Reviewers may make extracts sufficient to show the merits or demerits -of the work, but they cannot so exercise the privilege as to supersede the -original work. Sufficient may be taken to give a correct view of the -whole; but the privilege of making extracts is limited to those objects, -and cannot be exercised to such an extent that the review shall become a -substitute for the book reviewed."<a id="FNanchor_1550" href="#Footnote_1550" class="fnanchor">[1550]</a></p></blockquote> - -<p>A reviewer must not tear the heart out of a book.</p> - -<p><b>Abridgments.</b>—What is called a <i>bonâ fide</i> abridgment is -held to be a fair use of another's work.<a id="FNanchor_1551" href="#Footnote_1551" class="fnanchor">[1551]</a> The opinions of the -judges in the older cases were derived from the English case -law on the subject. I think it is doubtful whether the English -abridgment cases would now be sustained, as the principle -involved is clearly against all the more recent doctrines as to -infringement. In America, however, the judges, although disagreeing -more or less with the case law as to abridgment, have -felt themselves bound by precedent to hold that a fair abridgment -is not a piracy.</p> - -<p>In <i>Story</i> v. <i>Holcombe</i>,<a id="FNanchor_1552" href="#Footnote_1552" class="fnanchor">[1552]</a> M'Lean, J., said:</p> - -<blockquote> - -<p>"If this was an open question, I should feel little difficulty in determining -it. An abridgment should contain an epitome of the work -abridged—the principles in the condensed form of an original book. Now -it would be difficult to maintain that such a work did not affect the sale -of the book abridged. The argument that the abridgment is suited to a -different class of readers by its cheapness, and will be purchased on that -account by persons unable and unwilling to purchase the work at large, is -not satisfactory. This to some extent may be true, but are there not -<span class="pagenum" id="Page_285">[285]</span> -many who are able to buy the original work who will be satisfied with the -abridgment.... The reasoning on which the right to abridge is founded -therefore seems to me to be false in fact. It does to some extent in all -cases, and not unfrequently to a great extent, impair the rights of the author—a -right secured by law.... But a contrary doctrine has been long -established in England under the Statute of Anne, which in this respect is -similar to our own Statute, and in this country the same doctrine has -prevailed. I am therefore bound by precedent, and I yield to it in this -instance more as a principle of law than a rule of reason or justice."<a id="FNanchor_1553" href="#Footnote_1553" class="fnanchor">[1553]</a></p></blockquote> - -<p>In <i>Lawrence</i> v. <i>Dana</i>,<a id="FNanchor_1554" href="#Footnote_1554" class="fnanchor">[1554]</a> Clifford, J., took a similar view:</p> - -<blockquote> - -<p>"Whatever might be thought, if the question was an open one, it is too -late to agitate it at the present time, as the rule is settled that the publication -of an unauthorised but <i>bonâ fide</i> abridgment or digest of a published -literary copyright, in a certain class of cases at least, is no infringement of -the original."</p></blockquote> - -<p>The learned judge then lays down some restriction on the -free right to abridge:</p> - -<blockquote> - -<p>"Unless it be denied that a legal copyright secures to the author 'the -sole right and liberty of printing, reprinting, publishing, and binding the -book' copyrighted, it cannot be held that an abridgment or digest of -any kind of the contents of the copyrighted publication, which is of a -character to supersede the original work, is not an infringement of the -franchise secured by the copyright. What constitutes a fair and <i>bonâ fide</i> -abridgment in the sense of law is, or may be, under particular circumstances, -one of the most difficult questions which can well arise for judicial -consideration; but it is well settled that a mere selection or different -arrangement of parts of the original work into a smaller compass will not -be held to be such an abridgment."<a id="FNanchor_1555" href="#Footnote_1555" class="fnanchor">[1555]</a></p></blockquote> - -<p>I think that to-day the Courts in America as well as -England would, if the question of abridgments were to come -before them, cut down the right of the abridger very considerably. -I could not advise any one that he was safe in making -an abridgment of another's work; certainly he must avoid -making any extracts from the work abridged; the use of any -of the author's language literally or colourably taken would -undoubtedly be piratical.<span class="pagenum" id="Page_286">[286]</span> -</p> -<p><b>Translations.</b>—Authors and their assigns have the exclusive -right of translating their works into any language.<a id="FNanchor_1556" href="#Footnote_1556" class="fnanchor">[1556]</a> Before -1891 the translating right had to be expressly reserved by the -author, presumably by notice printed on every published copy -of his work.<a id="FNanchor_1557" href="#Footnote_1557" class="fnanchor">[1557]</a> No reservation is now required. Before 1870 -there was no exclusive right of translation at all.<a id="FNanchor_1558" href="#Footnote_1558" class="fnanchor">[1558]</a> The same -remarks apply to the right of dramatization. The right of -dramatization probably does not prevent a stranger from making -a dramatic version for his own private use; but it would prohibit -any public use of such a version whether by publication -in print or representation on the stage.</p> - -<p><b>Dramatic Performing Right.</b>—In the case of dramatic -works the author and his assigns have the sole right of performing -the same in public.<a id="FNanchor_1559" href="#Footnote_1559" class="fnanchor">[1559]</a> This right was first given by Act -of Congress in 1856.<a id="FNanchor_1560" href="#Footnote_1560" class="fnanchor">[1560]</a> In <i>Daly</i> v. <i>Palmer</i>,<a id="FNanchor_1561" href="#Footnote_1561" class="fnanchor">[1561]</a> Blatchford, J., -defines the scope of the Act:</p> - -<blockquote> - -<p>"A composition, in the sense in which that word is used in the Act of -1856, is a written or literary work invented or set in order. A dramatic -composition is such a work in which the narrative is not related, but is -represented by dialogue and action. When a dramatic composition is -represented in dialogue and action by persons who represent it as real by -performing or going through with the various parts or characters assigned -to them severally, the composition is acted, performed, or represented; -and if the representation is in public, it is a public representation. To act -in the sense of the Statute is to represent as real by countenance, voice, or -gesture that which is not real. A character in a play who goes through -with a series of events on the stage without speaking, if such be his part -in the play, is none the less an actor in it than one who, in addition to -motions and gestures, uses his voice. A pantomime is a species of -theatrical entertainment, in which the whole action is represented by -gesticulation without the use of words. A written work consisting wholly -of directions, set in order for conveying the ideas of the author on a stage -or public place by means of characters who represent the narrative wholly -by action is as much a dramatic composition designed or suited for public -representation as if language or dialogue were used in it to convey some -of the ideas."<a id="FNanchor_1562" href="#Footnote_1562" class="fnanchor">[1562]</a></p></blockquote> - -<p><span class="pagenum" id="Page_287">[287]</span></p> - -<p>It will be an infringement of performing right to take a -single scene from another's drama.<a id="FNanchor_1563" href="#Footnote_1563" class="fnanchor">[1563]</a> It is more important to -consider what is a dramatic representation than what is a -dramatic composition. If a composition not primarily intended -for representation is publicly represented without permission, -even if it was not a "dramatic composition," the -person representing will be liable for having dramatized it if -the representation is dramatic. There can be a dramatic -representation by one actor only, and many music hall songs -are undoubtedly dramatically represented.</p> - -<p><b>Musical Rights.</b>—Before 1897 there was no exclusive -performing right in musical compositions as such. It might -have been protected from performance if it could be shown to -be part of a dramatic piece.<a id="FNanchor_1564" href="#Footnote_1564" class="fnanchor">[1564]</a> By the Act of January 6, 1897, -performing right in musical compositions was first created. -The protection is now substantially the same as in the case of -dramatic pieces.</p> - -<h3><span class="smcap">Section II.—Prohibited Acts, and Remedies.</span></h3> - -<p>It is an infringement, subject to the remedies stated below, -to do any of the following acts in respect of a copyright -work.</p> - -<p>In the case of:</p> - -<blockquote> - -<p class="hang">I. <i>Books</i>:<a id="FNanchor_1565" href="#Footnote_1565" class="fnanchor">[1565]</a> without the consent of the proprietor in -writing signed in the presence of two witnesses.</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. To print or publish.</span> -<span class="i0">2. To dramatize or translate.</span> -<span class="i0">3. To import.</span> -<span class="i0">4. Knowingly to sell or expose for sale copies unlawfully made or imported.</span> -</div></div></blockquote> - -<p>The owner's remedies are:</p> - -<blockquote> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Forfeiture of copies.</span> -<span class="i0">2. Damages.</span> -<span class="i0">3. Injunction.</span> -<span class="i0">4. Account of profits.</span> -</div></div></blockquote> - -<p><span class="pagenum" id="Page_288">[288]</span></p> - -<blockquote> -<p class="hang">II. <i>Maps,</i><a id="FNanchor_1566" href="#Footnote_1566" class="fnanchor">[1566]</a> <i>charts, dramatic or musical compositions, prints, -art engravings, photographs, chromos, paintings, drawings, -statues, statuary models and designs for the fine arts</i>: -without the consent of the proprietor in writing -signed in the presence of two witnesses.</p> - -<div class="poem"><div class="stanza"> - -<span class="i0">1. To engrave, etch, work, or copy.</span> -<span class="i0">2. To print or publish.</span> -<span class="i0">3. To dramatize or translate.</span> -<span class="i0">4. To import.</span> -<span class="i0">5. Knowingly to sell or expose for sale copies -unlawfully made or exported.</span> -</div></div></blockquote> - -<p>The owner's remedies are:</p> - -<blockquote> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Forfeiture of plates and sheets.</span> -<span class="i0">2. Penalty of $1 for every sheet found in -defendant's possession.</span> -<span class="i0">3. Penalty of $10 for every copy of a painting, -statue, or statuary.</span> -<span class="i0">4. In the case of a photograph made from any -object not a work of fine art, the sum to -be recovered shall not be less than $100 -nor more than $5000.</span> -<span class="i0">5. In the case of a work of the fine arts or -photograph thereof, the sum to be recovered -shall not be less that $250 nor -more than $10,000.</span> -<span class="i0">6. Injunction.</span> -</div></div></blockquote> - -<p>One-half of the penalties under the Act of March 2, 1895, -go to the proprietor of the copyright and the other half to the -use of the United States.<a id="FNanchor_1567" href="#Footnote_1567" class="fnanchor">[1567]</a></p> - -<p>A series of sheets containing tabulated information has -been held not to be entitled to protection as charts but only -as a book.<a id="FNanchor_1568" href="#Footnote_1568" class="fnanchor">[1568]</a> An engraving or cut contained in a book or -volume will not be protected as a cut unless it is separately -copyrighted as such.<a id="FNanchor_1569" href="#Footnote_1569" class="fnanchor">[1569]</a><span class="pagenum" id="Page_289">[289]</span> -</p> -<blockquote> -<p class="hang">III. <i>Dramatic or musical compositions</i>:<a id="FNanchor_1570" href="#Footnote_1570" class="fnanchor">[1570]</a> without the consent -of the proprietor.</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Publicly to perform or represent.</span> -</div></div></blockquote> - -<p>The owner's remedies are:</p> - -<blockquote> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Damages not less than $100 for the first, -and not less than $50 for every subsequent -performance.</span> - -<span class="i0">2. If done wilfully and for profit it is a misdemeanour, -and the offender may on conviction -be imprisoned for a period not -exceeding a year.</span> - -<span class="i0">3. Injunction.</span> -</div></div></blockquote> - -<p>Damages cannot be recovered in a suit in equity, the -remedy being limited to an injunction and profits.<a id="FNanchor_1571" href="#Footnote_1571" class="fnanchor">[1571]</a></p> - -<p><b>Account of Profits.</b>—The right to an account of profits is -an equitable remedy, and incidental to the statutory right, -although not expressly conferred by the statute.<a id="FNanchor_1572" href="#Footnote_1572" class="fnanchor">[1572]</a></p> - -<p>If a work is in part piratical and in part innocent, then if the -piratical part can be distinctly separated it will be separately -condemned and the profits apportioned.<a id="FNanchor_1573" href="#Footnote_1573" class="fnanchor">[1573]</a> If the piratical -matter is so mixed up with the rest that it cannot be distinctly -separated, the profits awarded will be the whole profits on the -sale of the book.<a id="FNanchor_1574" href="#Footnote_1574" class="fnanchor">[1574]</a> When the defendant has sold a book twice, -having bought it back second-hand, the profits include -the profits on both sales.<a id="FNanchor_1575" href="#Footnote_1575" class="fnanchor">[1575]</a> The cost of producing copies -which the defendant did not sell cannot be estimated in reduction -of profits.<a id="FNanchor_1576" href="#Footnote_1576" class="fnanchor">[1576]</a> There will be no decree for profits unless -there are means of determining in a reliable manner what sum -the defendant received for books.<a id="FNanchor_1577" href="#Footnote_1577" class="fnanchor">[1577]</a><span class="pagenum" id="Page_290">[290]</span> -</p> -<p><b>Damages.</b>—Damages may be awarded in lieu of or as -supplementary to an account of profits. The measure of -damages is the diminution in the plaintiff's sales due to the -publication of the defendant's book.</p> - -<p>The minimum statutory damages given for infringement of -performing rights are remedial but not penal, and the strict rules -of evidence in criminal cases do not apply.<a id="FNanchor_1578" href="#Footnote_1578" class="fnanchor">[1578]</a> The penalties -given for infringement of maps, &c., are of a penal nature.<a id="FNanchor_1579" href="#Footnote_1579" class="fnanchor">[1579]</a></p> - -<p>In respect of maps, musical and dramatic compositions, -works of art, &c., there is no right of action to recover damages -merely as such; the remedy is limited to the prescribed forfeiture -and penalties.<a id="FNanchor_1580" href="#Footnote_1580" class="fnanchor">[1580]</a></p> - -<p><b>Penalties.</b>—Penalty for "each sheet" does not mean for -each copy. Where a large number of lithograph copies of a -photograph were printed on one sheet it was held that only -one penalty was recoverable for the whole sheet.<a id="FNanchor_1581" href="#Footnote_1581" class="fnanchor">[1581]</a> Cutting up -or binding the sheets does not increase nor diminish the -number of the sheets.<a id="FNanchor_1582" href="#Footnote_1582" class="fnanchor">[1582]</a> Only those sheets which are "found in -the defendant's possession" are penalised.<a id="FNanchor_1583" href="#Footnote_1583" class="fnanchor">[1583]</a> They must be alleged -and proved to have been actually discovered in the defendant's -possession before the bringing of the action,<a id="FNanchor_1584" href="#Footnote_1584" class="fnanchor">[1584]</a> and not merely -be found by the jury to have been in his possession. They -need not necessarily have been found by the plaintiff or any -one acting on his behalf.<a id="FNanchor_1585" href="#Footnote_1585" class="fnanchor">[1585]</a> An employee who holds possession -for his master is not liable in penalties.<a id="FNanchor_1586" href="#Footnote_1586" class="fnanchor">[1586]</a> Penalties cannot be -recovered in a suit in equity.<a id="FNanchor_1587" href="#Footnote_1587" class="fnanchor">[1587]</a></p> - -<p><b>Forfeiture.</b><a id="FNanchor_1588" href="#Footnote_1588" class="fnanchor">[1588]</a>—It seems doubtful whether the forfeiture of -<span class="pagenum" id="Page_291">[291]</span> -copies of a book under section 4964 of the Revised Statutes can -be enforced unless the whole book is copied. It was held under -the Act of 1831 that they could not,<a id="FNanchor_1589" href="#Footnote_1589" class="fnanchor">[1589]</a> but I doubt if this is sound.</p> - -<p>The statutes give no right of action to the proprietor of a -map, photograph, dramatic or musical work, artistic work, &c., -to recover from an infringer the value of copies which have -passed from his possession.<a id="FNanchor_1590" href="#Footnote_1590" class="fnanchor">[1590]</a></p> - -<p><b>Injunction.</b><a id="FNanchor_1591" href="#Footnote_1591" class="fnanchor">[1591]</a>—A preliminary injunction is granted, but only -in a plain case,<a id="FNanchor_1592" href="#Footnote_1592" class="fnanchor">[1592]</a> to stay further damage. The Court will -always consider which party is likely to suffer most from the -erroneous granting or refusing of an injunction. In doubtful -cases an injunction will not be granted simpliciter, but the -defendants may be required to keep an account and give a -bond to answer damages.<a id="FNanchor_1593" href="#Footnote_1593" class="fnanchor">[1593]</a> An injunction will go at the hearing -without reference to the question of special damage.<a id="FNanchor_1594" href="#Footnote_1594" class="fnanchor">[1594]</a></p> - -<p><b>Who is Liable.</b>—The sale of a play with a view to unauthorised -representation makes the seller a joint infringer of -the performing right.<a id="FNanchor_1595" href="#Footnote_1595" class="fnanchor">[1595]</a> The manager of a company is not -personally liable for an infringement made by the company -without his knowledge and against his express instructions.<a id="FNanchor_1596" href="#Footnote_1596" class="fnanchor">[1596]</a> -A company is liable in penalties as well as an individual.<a id="FNanchor_1597" href="#Footnote_1597" class="fnanchor">[1597]</a> -The printer and publisher of a piratical book are liable equally -with the writer.<a id="FNanchor_1598" href="#Footnote_1598" class="fnanchor">[1598]</a> One who procures an infringement to be -made is liable.<a id="FNanchor_1599" href="#Footnote_1599" class="fnanchor">[1599]</a></p> - -<p>An employer whose servants or agents infringe the copyright -of others is undoubtedly liable in damages for the wrongful -acts of his servants done in the course of their employment. -Thus one who compiles a directory is responsible for the -piratical acts of his canvassers, even although they acted contrary -<span class="pagenum" id="Page_292">[292]</span> -to his express instructions.<a id="FNanchor_1600" href="#Footnote_1600" class="fnanchor">[1600]</a> But it has been held that a -man is not liable for forfeitures or penalties on account of acts -done without his knowledge or consent by his servants or -agents in his employment. When an agent had full authority -to advertise his principal's teas as he thought fit and pirated -some election statistics in doing so, it was held that his -principal could not be liable in forfeitures or penalties for acts -done in his absence and without his authority or knowledge.<a id="FNanchor_1601" href="#Footnote_1601" class="fnanchor">[1601]</a> -In another case it was held that the proprietor of a newspaper -was not responsible in forfeiture or penalties for a piratical -copy of a map which appeared in his newspaper during his -absence from the management and control.<a id="FNanchor_1602" href="#Footnote_1602" class="fnanchor">[1602]</a> It will be -observed that if these cases are sound the proprietor of the -copyright in a map, &c., or artistic work has no remedy in -either penalties or damages against the proprietor of an infringing -publication unless he can show that the piratical -matter was inserted with his knowledge or consent. This -follows from the above decisions that the specific penalties constitute -the only remedy by way of damages which the proprietor -of these works can recover.<a id="FNanchor_1603" href="#Footnote_1603" class="fnanchor">[1603]</a></p> - -<p><b>Limitation of Action.</b>—No action can be maintained in -any case of forfeiture or penalty under the copyright laws -unless the same is commenced within two years after the cause -of action has arisen.<a id="FNanchor_1604" href="#Footnote_1604" class="fnanchor">[1604]</a> This includes all claims, not only those -for forfeiture and penalty so-called, but for damages under -Revised Statutes, sec. 4964, in respect of books.<a id="FNanchor_1605" href="#Footnote_1605" class="fnanchor">[1605]</a></p> - -<p><b>Acquiescence.</b>—Mere delay on the part of the plaintiff in -pursuing his remedy is no defence to an action for infringement.<a id="FNanchor_1606" href="#Footnote_1606" class="fnanchor">[1606]</a> -A preliminary injunction may be refused on the ground -of delay. The remedy on the final hearing will not be barred -by laches or acquiescence, unless it is tantamount to fraud for -<span class="pagenum" id="Page_293">[293]</span> -the plaintiff to insist on his legal rights.<a id="FNanchor_1607" href="#Footnote_1607" class="fnanchor">[1607]</a> A right may perhaps -be abandoned by allowing numerous members of the public to -exercise it without licence or objection.<a id="FNanchor_1608" href="#Footnote_1608" class="fnanchor">[1608]</a></p> - -<p><b>Pleading.</b>—In pleading, the plaintiff does not have to allege -the facts which make him proprietor.<a id="FNanchor_1609" href="#Footnote_1609" class="fnanchor">[1609]</a> If it is disputed, it is for -the defendant to allege and prove facts to the contrary.<a id="FNanchor_1610" href="#Footnote_1610" class="fnanchor">[1610]</a> The -plaintiff, however, must allege specifically a compliance with the -statutory formalities, although he need not allege that publication -took place within a reasonable time after the deposit of the -title.<a id="FNanchor_1611" href="#Footnote_1611" class="fnanchor">[1611]</a></p> - -<p>In all actions arising under the laws respecting copyrights, -the defendant may plead the general issue, and give the special -matter in evidence.<a id="FNanchor_1612" href="#Footnote_1612" class="fnanchor">[1612]</a></p> - -<p><b>Penalties for affixing False Notice.</b>—Every person who -shall insert or impress a copyright notice, "or words of the -same import, in or upon any book, map, chart, dramatic or -musical composition, print, cut, engraving or photograph or -other article, whether such article be subject to copyright or -otherwise, for which he has not obtained a copyright, or shall -knowingly issue or sell any article bearing a notice of United -States copyright which has not been copyrighted in this -country; or shall import any book, photograph, chromo or -lithograph, or other article bearing such notice of copyright, or -words of the same purport which is not copyrighted in this -country, shall be liable to a penalty of $100, recoverable one-half -for the person who shall sue for such penalty, and one-half -to the use of the United States."<a id="FNanchor_1613" href="#Footnote_1613" class="fnanchor">[1613]</a></p> - -<p>This section was amended in 1891 and again in 1897. It -now reads as above. Before 1897 the penalty was not recoverable -from one who sold copies, knowing them to contain a -false notice, unless he had made the book or caused the notice -<span class="pagenum" id="Page_294">[294]</span> -to be inserted.<a id="FNanchor_1614" href="#Footnote_1614" class="fnanchor">[1614]</a> Before 1897 also there could be no conviction -unless the article on which the false notice was impressed was -a copyrightable article.<a id="FNanchor_1615" href="#Footnote_1615" class="fnanchor">[1615]</a></p> - -<p>The penalty is not recoverable for each copy, but for each -issue. Where chromos were struck off in large numbers for -advertising purposes, each separate batch being printed with a -different trade name for different customers, it was held that -the penalty was recoverable on each batch.<a id="FNanchor_1616" href="#Footnote_1616" class="fnanchor">[1616]</a> For a notice to -incur the penalty as a false notice, it is not necessary that it -should have been printed as directed by the Acts. It will be subject -to the penalty even although printed in another part of the -book.<a id="FNanchor_1617" href="#Footnote_1617" class="fnanchor">[1617]</a> Rough prints of a picture made for the purpose of -advertisement bore a false notice, and were held to have -incurred the penalty.<a id="FNanchor_1618" href="#Footnote_1618" class="fnanchor">[1618]</a> It is not unlawful to impress a notice -of copyright on a rough copy of a copyright picture, even -although such copy is not separately copyrighted.<a id="FNanchor_1619" href="#Footnote_1619" class="fnanchor">[1619]</a> Liability -will not attach unless the notice contains the essentials of a -sufficient copyright notice, viz. "name," "claim of exclusive -right," and "date when obtained." Thus where the date was -omitted no penalties were recovered.<a id="FNanchor_1620" href="#Footnote_1620" class="fnanchor">[1620]</a> Any one who causes a -false notice to be impressed is equally liable with the person -who himself impresses it.<a id="FNanchor_1621" href="#Footnote_1621" class="fnanchor">[1621]</a></p> - -<p><b>Importing Books Printed Outside the United States.</b>—If -copyright has been secured in the United States, importation -of any book, chromo, lithograph, or photograph, or any plates -of the same, not made from type set, negatives, or drawings on -stone made within the limits of the United States,<a id="FNanchor_1622" href="#Footnote_1622" class="fnanchor">[1622]</a> is prohibited, -either with or without the consent of the owner of the copyright.</p> - -<p>Except—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">1. Works printed or manufactured more than twenty years -at the date of importation.<a id="FNanchor_1623" href="#Footnote_1623" class="fnanchor">[1623]</a> -<span class="pagenum" id="Page_295">[295]</span></span> - -<span class="i0">2. Books and pamphlets printed exclusively in languages -other than English.<a id="FNanchor_1624" href="#Footnote_1624" class="fnanchor">[1624]</a></span> - -<span class="i0">3. Books and music in raised print used exclusively by -the blind.<a id="FNanchor_1625" href="#Footnote_1625" class="fnanchor">[1625]</a></span> - -<span class="i0">4. Works imported by authority for the use of the U. S. or -the Library of Congress.<a id="FNanchor_1626" href="#Footnote_1626" class="fnanchor">[1626]</a></span> - -<span class="i0">5. Books, maps, lithographic prints and charts specially -imported, not more than two copies in any one -invoice, in good faith, for the use of societies, schools, -colleges, &c.<a id="FNanchor_1627" href="#Footnote_1627" class="fnanchor">[1627]</a></span> - -<span class="i0">6. Books imported for use and not for sale subject to -payment of duty, and not more than two copies at -any one time.<a id="FNanchor_1628" href="#Footnote_1628" class="fnanchor">[1628]</a></span> - -<span class="i0">7. Newspapers and magazines, if they contain no infringement of -U. S. copyright.<a id="FNanchor_1629" href="#Footnote_1629" class="fnanchor">[1629]</a></span> -</div></div> -<hr class="chap" /> - -<p><span class="pagenum" id="Page_296">[296]</span></p> - -<h2>CHAPTER V<br /> - -COMMON LAW RIGHTS</h2> - -<h3><span class="smcap">Section I.—Published Work.</span></h3> - -<p>After a work has been published it has no protection in the -nature of copyright except under an Act of Congress.<a id="FNanchor_1630" href="#Footnote_1630" class="fnanchor">[1630]</a> If -either from the nature of the work, or from the want of conforming -with the formalities of the Act, there is no statutory -protection, then there can be no exclusive right of copying -the work. After a drama or musical piece has been published -as a book, not only the copyright in it but also the performing -right depends entirely on statutory protection.<a id="FNanchor_1631" href="#Footnote_1631" class="fnanchor">[1631]</a> Performance -on the stage not being a publication, affects neither the right -of copy nor the performing right.</p> - -<p>Although there is no right of copy in a published work -except under statute, there are certain common-law rights -based on fraud or implied contract which are incident thereto, -and which neither depend on nor are affected by statutory -protection.</p> - -<p><b>Passing off.</b>—One man is not entitled so to produce his book -as to lead the public to believe it is the work of another.<a id="FNanchor_1632" href="#Footnote_1632" class="fnanchor">[1632]</a> The -same or a similar title is the most usual method of passing off. -One cannot monopolise a purely descriptive title such as "Latin -Grammar" or "Guide to the Alps;" but it was held a passing -off to take the title, "The <i>Fram</i> Expedition—Nansen in -<span class="pagenum" id="Page_297">[297]</span> -the Frozen World;"<a id="FNanchor_1633" href="#Footnote_1633" class="fnanchor">[1633]</a> so the title "Social Register" to a -select list of residents in a certain district was infringed by a -similar list bearing the title "Howard's Social Register."<a id="FNanchor_1634" href="#Footnote_1634" class="fnanchor">[1634]</a> It -is immaterial in a question of passing off that the book itself is -unprotected from copying. Thus an English magazine called -"Chatterbox" was largely sold in the United States, but was -not copyright. Although it would have been quite legal to have -copied the English magazine and sold such copies under its own -title, it was not permissible to publish another magazine under -the title of "Chatterbox."<a id="FNanchor_1635" href="#Footnote_1635" class="fnanchor">[1635]</a> In another case it was held that -one might not adopt the title of another's operetta for his own, -even although the songs and vocal scores of the operetta had -been published under the title without securing copyright.<a id="FNanchor_1636" href="#Footnote_1636" class="fnanchor">[1636]</a></p> - -<p>It is not a passing off to reprint another man's book and -sell it in his own name, and if the copyright has expired he has -no redress.<a id="FNanchor_1637" href="#Footnote_1637" class="fnanchor">[1637]</a> He has no property in his own name as such. -After the copyright had expired in "Webster's Dictionary," -Webster's assignee was held to have no ground for restraining -any one from reprinting and selling "Webster's Dictionary" -under that title.<a id="FNanchor_1638" href="#Footnote_1638" class="fnanchor">[1638]</a> Even where the name was a pseudonym, -"Mark Twain," the author was not entitled to prevent others -from printing and selling some non-copyright work of his as -"Sketches by Mark Twain."<a id="FNanchor_1639" href="#Footnote_1639" class="fnanchor">[1639]</a></p> - -<p>A man may prevent the publication under his name of a -book of which he is not the author or which has been mutilated -without his authority.<a id="FNanchor_1640" href="#Footnote_1640" class="fnanchor">[1640]</a> Henry Drummond, the evangelist, -delivered a series of lectures at Boston, Massachusetts, on -"The Evolution of Man." Eight out of twelve lectures were -partially printed with the author's consent in the British Weekly, -and no copyright was secured in America. It was held that -Professor Drummond was entitled to restrain a reprint of these -published lectures reproduced with material alterations, and -<span class="pagenum" id="Page_298">[298]</span> -represented as being the complete series of lectures.<a id="FNanchor_1641" href="#Footnote_1641" class="fnanchor">[1641]</a> An -author who has parted with or lost his copyright has no right -to regulate the manner in which his work may be published, -provided that there is no misrepresentation causing injury to -the author's name.<a id="FNanchor_1642" href="#Footnote_1642" class="fnanchor">[1642]</a></p> - -<p>In one case,<a id="FNanchor_1643" href="#Footnote_1643" class="fnanchor">[1643]</a> however, the defendants were restrained from -a similar proceeding on the ground of unfair trading. They -bought second-hand school books published by the plaintiff, -and rebound them so as to have the exact appearance of the -plaintiff's books when new. It was held that they were entitled -to do this without infringing any right of the plaintiff -in their copyright book; but it was also held that it was not -fair trading to sell the rebound books without sufficient notice -that they were rebound.</p> - -<p>If there have been several editions of a book, the copyright -in the first of which only has expired, the author may restrain -a publisher from reprinting and publishing the first edition so -as to lead the public to believe that it is a later edition still -copyright.<a id="FNanchor_1644" href="#Footnote_1644" class="fnanchor">[1644]</a> The owner of a series of novels, published in two -editions, cannot prevent a third person buying a large quantity -of the sixth edition and binding them so as to somewhat resemble -the dearer edition.<a id="FNanchor_1645" href="#Footnote_1645" class="fnanchor">[1645]</a> When the "Encyclopædia Britannica" -was published, only a few of the articles were copyright -in America. It was held that it was permissible for an American -publisher to reprint the whole work so far as not copyright, -and to substitute new articles for the copyright articles, and so -long as there was no attempt to defraud the public to publish -it as the "Encyclopædia Britannica" so revised.<a id="FNanchor_1646" href="#Footnote_1646" class="fnanchor">[1646]</a></p> - -<h3><span class="smcap">Section II.—Unpublished Work.</span></h3> - -<p>Unpublished work is protected from interference by the -common law of England, which was brought to and adopted -<span class="pagenum" id="Page_299">[299]</span> -by the United States.<a id="FNanchor_1647" href="#Footnote_1647" class="fnanchor">[1647]</a> When the common law is asserted one -must look to the law of the State in which the controversy -originated,<a id="FNanchor_1648" href="#Footnote_1648" class="fnanchor">[1648]</a> since although the common law of England was -adopted, it was adopted only so far as its principles were suited -to the conditions of the colonies at the time, and some States -have incorporated with their laws more and some less. The -rights at common law in unpublished work were not abrogated -by Acts of Congress establishing copyright in published -work.</p> - -<p>The author of an unfinished work has the right at common -law to prevent any one from making any unauthorised use of -his work.<a id="FNanchor_1649" href="#Footnote_1649" class="fnanchor">[1649]</a> The author may without publishing make a communication -of the contents of his work to a limited number,<a id="FNanchor_1650" href="#Footnote_1650" class="fnanchor">[1650]</a> -and he may prescribe to them what conditions he pleases.<a id="FNanchor_1651" href="#Footnote_1651" class="fnanchor">[1651]</a> A -play or song is not published by performance nor a lecture by -delivery.<a id="FNanchor_1652" href="#Footnote_1652" class="fnanchor">[1652]</a> A work of art is probably published by public -exhibition,<a id="FNanchor_1653" href="#Footnote_1653" class="fnanchor">[1653]</a> but not by a private view. A spectator of an unpublished -play is not entitled to reproduce substantial parts of -it even from memory.<a id="FNanchor_1654" href="#Footnote_1654" class="fnanchor">[1654]</a> Similarly with a musical work or -lecture.</p> - -<p>An alien author has an equal right with a citizen of the -United States to sue at common law for interference with his -manuscript.<a id="FNanchor_1655" href="#Footnote_1655" class="fnanchor">[1655]</a> A statutory remedy is given for the unauthorised -printing or publishing of any manuscript. The offender is -liable "for all damages occasioned by such injury."<a id="FNanchor_1656" href="#Footnote_1656" class="fnanchor">[1656]</a> This -statutory remedy neither destroys nor limits the common law -<span class="pagenum" id="Page_300">[300]</span> -right.<a id="FNanchor_1657" href="#Footnote_1657" class="fnanchor">[1657]</a> No new right is secured.<a id="FNanchor_1658" href="#Footnote_1658" class="fnanchor">[1658]</a> The practical result is that -an alternative remedy in the Federal tribunals is provided -where the parties are subjects of the same State. The plaintiff -may proceed either in the State Court or the Federal -Court.<a id="FNanchor_1659" href="#Footnote_1659" class="fnanchor">[1659]</a> Manuscript under this section is limited to the -meaning of a written document. It does not include a -picture.<a id="FNanchor_1660" href="#Footnote_1660" class="fnanchor">[1660]</a> -<span class="pagenum" id="Page_301">[301]</span></p> - -<hr class="full" /> -<p><span class="pagenum" id="Page_302">[302]</span></p> - -<h2><big>APPENDIX</big></h2> - -<hr class="full" /> - -<p><span class="pagenum" id="Page_303">[303]</span></p> - -<h2>BRITISH STATUTES</h2> - -<h3>THE ENGRAVING COPYRIGHT ACT, 1734.<br /> - -<small>8 <span class="smcap">Geo. II. c. 13.</span></small></h3> - -<p class="hang">An Act for the Encouragement of the 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.</p> - -<div class="sidenote">Preamble.</div> - -<p>I. <span class="smcap">Whereas</span> divers Persons have by their own Genius, Industry, Pains, -and Expense, invented and engraved, or worked in Mezzotinto or Chiaro -Oscuro, Sets of historical and other Prints, in hopes to have reaped the -sole Benefit of their Labours:</p> - -<p>And whereas Printsellers, and other Persons, have of late, without the -Consent of the Inventors, Designers, and Proprietors of such Prints, -frequently taken the Liberty of copying, engraving, and publishing, or -causing to be copied, engraved, and published, base Copies of such -Works, Designs, and Prints, to the very great Prejudice and Detriment -of the Inventors, Designers, and Proprietors thereof:</p> - -<div class="sidenote">After 24th -June, 1735, -the property -of historical -and -other prints -vested in -the Inventor -for 14 -Years.</div> - -<div class="sidenote">Proprietor's -Name to be -affixed to -each Print.</div> - -<div class="sidenote">Penalty on -Printsellers -or others -pirating -same.</div> - -<p>For Remedy thereof, and for preventing such Practices for the future, -be it enacted, That from and after the Twenty-fourth Day of June, which -shall be in the Year of our Lord One thousand seven hundred and thirty-five, -every Person who shall invent and design, engrave, etch, or work in -Mezzotinto or Chiaro Oscuro, or, from his own Works and Invention, -shall cause to be designed and engraved, etched, or worked in Mezzotinto -or Chiaro Oscuro, any historical or other Print or Prints,<a id="FNanchor_1661" href="#Footnote_1661" class="fnanchor">[1661]</a> shall -have the sole Right and Liberty of printing and reprinting the same for -the Term of Fourteen Years, to commence from the Day of the first -Publishing thereof, which shall be truly engraved with the Name of the -Proprietor on each Plate, and printed on every such Print or Prints; -and that if any Printseller, or other Person whatsoever, from and after -the said Twenty-fourth Day of June, One thousand seven hundred and -thirty-five, within the Time limited by this Act, shall engrave, etch, or -work, as aforesaid, or in any other Manner copy and sell, or cause to be -engraved, etched, or copied and sold, 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 to be printed, reprinted, or imported for Sale, -any such Print or Prints, or any Parts thereof, without the Consent of the -Proprietor or Proprietors thereof first had and obtained in Writing, signed -by him or them respectively, in the Presence of Two or more credible -Witnesses, or knowing the same to be so printed or reprinted without the -Consent of the Proprietor or Proprietors, shall publish, sell, or expose to -Sale, or otherwise, or in any other Manner dispose of, or cause to be -published, sold, or exposed to Sale, or otherwise, or in any other Manner -<span class="pagenum" id="Page_304">[304]</span> -disposed of, any such Print or Prints without such Consent first had and -obtained as aforesaid, then such Offender or Offenders shall forfeit the -Plate or Plates on which such Print or Prints are or shall be copied, and -all and every Sheet or Sheets (being part of or whereon such Print or -Prints are or shall be so copied or printed) to the Proprietor or Proprietors -of such original Print or Prints, who shall forthwith destroy and -damask the same; and further, that every such Offender or Offenders -shall forfeit Five Shillings for every Print which shall be found in his, -her, or their Custody, either printed or published, and exposed to Sale, -or otherwise disposed of 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 that shall sue for the same, to be recovered in any of His -Majesty's Courts of Record at Westminster, by Action of Debt, Bill, -Plaint, or Information, in which no Wager of Law, Essoign, Privilege, or -Protection, or more than One Imparlance, shall be allowed:</p> - -<div class="sidenote">Not to -extend to -Purchasers -of Plates -from the -original -Proprietors.</div> - -<p>II. Provided nevertheless, That it shall and may be lawful for any -Person or Persons, who shall hereafter purchase any Plate or Plates for -printing, from the Original Proprietors thereof, to print and reprint from -the said Plates, without incurring any of the Penalties in this Act -mentioned.</p> - -<div class="sidenote">Limitation -of Actions.</div> - -<div class="sidenote">General -Issue.</div> - -<p>III. <i>And if any Action or Suit shall be commenced or brought against -any Person or Persons whatsoever, for doing or causing to be done any -Thing in pursuance of this Act, the same shall be brought within the Space -of Three Months after so doing; and the Defendant and Defendants, in such -Action or Suit, shall or may plead the General Issue, and give the special -Matter in Evidence; and if upon such Action or Suit a Verdict shall be -given for the Defendant or Defendants, or if the Plaintiff or Plaintiffs -become nonsuited, or discontinue his, her, or their Action or Actions, then the -Defendant or Defendants shall have and recover full Costs, for the Recovery -whereof he shall have the same Remedy, as any other Defendant or Defendants -in any other Case hath or have by Law:</i><a id="FNanchor_1662" href="#Footnote_1662" class="fnanchor">[1662]</a></p> - -<p>IV. Provided always, That if any Action or Suit shall be commenced -or brought against any Person or Persons, for any Offence committed -against this Act, the same shall be brought within the Space of Three -Months after the Discovery of every such Offence, and not afterwards; -any Thing in this Act contained to the contrary notwithstanding.</p> - -<div class="sidenote">Clause relating -to -J. Pine.</div> - -<p>V. <i>And whereas John Pine of London, Engraver, doth propose to -engrave and publish a Set of Prints copied from several Pieces of Tapestry -in the House of Lords, and His Majesty's Wardrobe, and other Drawings -relating to the Spanish Invasion, in the Year of our Lord One thousand -five hundred and eighty-eight; be it further enacted by the Authority aforesaid, -That the said John Pine shall be entitled to the Benefit of this Act, to -all Intents and Purposes whatsoever, in the same Manner as if the said John -Pine had been the Inventor and Designer of the said Prints.</i><a id="FNanchor_1663" href="#Footnote_1663" class="fnanchor">[1663]</a><span class="pagenum" id="Page_305">[305]</span> -</p> -<div class="sidenote">Public Act.</div> - -<p>VI. <i>And be it further enacted, by the Authority aforesaid, That this Act -shall be deemed, adjudged, and taken to be a Public Act, and be judicially -taken notice of as such by all Judges, Justices, and other Persons whatsoever, -without specially pleading the same</i>.<a id="FNanchor_1664" href="#Footnote_1664" class="fnanchor">[1664]</a></p> - -<h3>THE ENGRAVING COPYRIGHT ACT, 1766.<br /> - -7 <span class="smcap">Geo. III. c.</span> 38.</h3> - -<div class="sidenote">Preamble -reciting Act -8, G 2.</div> - -<p class="hang">An Act to amend and render more effectual an Act made in the Eighth -Year of the Reign of King George the Second for Encouragement of -the Arts of Designing, Engraving, and Etching Historical and other Preamble -Prints; <i>and for vesting in, and securing to, Jane Hogarth, Widow, the -Property in certain Prints</i>.<a id="FNanchor_1665" href="#Footnote_1665" class="fnanchor">[1665]</a></p> - -<div class="sidenote">The original -Inventors, -Designers, -or -Engravers, -&c., of -Historical -and other -Prints, and -such who -shall cause -Prints to be -done from -Works, -&c., of -their own -Invention, -and also -such as -shall engrave, -&c., -any Print -taken from -any Picture, -Drawing, -Model, or -Sculpture, -are entitled -to the -Benefit and -Protection -of the recited -and -present Act; -and those -who shall -engrave or -import for -Sale Copies -of such -Prints are -liable to -Penalties.</div> - -<p>I. <span class="smcap">Whereas</span> 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 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, has been found -ineffectual for the Purposes thereby intended: Be it enacted, That from -and after the First Day of January One thousand seven hundred and -sixty-seven, all and every Person and Persons who shall invent or design, -engrave, etch, or work in Mezzotinto or Chiaro Oscuro, or, from his own -Work, Design, or Invention, shall cause or procure to be designed, engraved, -etched, or worked in Mezzotinto or Chiaro Oscuro, 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, shall have, and are hereby declared to have, the Benefit -and Protection of the said Act, and this Act, under the Restrictions and -Limitations hereinafter mentioned.</p> - -<p>II. And from and after the said First Day of January One thousand -seven hundred and sixty-seven, all and every Person and Persons who -shall 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, shall have, and are hereby -declared to have, the Benefit and Protection of the said Act, and this Act, -for the Term hereinafter mentioned, in like Manner as if such Print had -been graved or drawn from the Original Design of such Graver, Etcher, -or Draughtsman; and if any Person shall engrave, print and publish, or -import for Sale, any Copy of any such Print, contrary to the true Intent -and Meaning of this and the said former Act, every such Person shall be -liable to the Penalties contained in the said Act, to be recovered as -therein and hereinafter is mentioned.</p> - -<div class="sidenote">The sole -Right of -printing -and reprinting -the late W. -Hogarth's -Prints,</div> - -<div class="sidenote">vested in -his Widow -and Executrix -for the -Term of -20 years.</div> - -<div class="sidenote">Penalty of -copying, -&c., of any -of them, -before the -Expiration -of the said -Term; -such Copies -excepted as -were made -and exposed -to -Sale after -the Term -of 14 Years, -for which -the said -Works -were first -licensed, -&c.</div> - -<p>III. <i>And whereas William Hogarth, late of the City of Westminster, -Painter and Graver, did etch and engrave, and cause to be etched and -engraved, several Prints from his own Invention and Design, the Property -and sole Right of vending all such Prints being secured to him the said -<span class="pagenum" id="Page_306">[306]</span> -William Hogarth for the Term of Fourteen Years from their first Publication, -by the said former Act of Parliament; which said Property, by his last -Will, became vested in his Widow and Executrix: And whereas since the -first Publication of several of the said Prints, the Term of Fourteen Years is -expired, and several base Copies of the same have been since printed and -published, whereby the Sale of the Originals has been considerably lessened, -to the great Detriment of the said Widow and Executrix: And whereas -since the Publication of others of the said Prints, the Term of Fourteen -Years is now near expiring: Be it enacted by the Authority aforesaid, That -Jane Hogarth, Widow and Executrix of the said William Hogarth, shall -have the sole Right and Liberty of printing and reprinting all the said -Prints, Etchings, and Engravings, of the Design and Invention of the said -William Hogarth, for and during the Term of Twenty Years, to commence -from the said First Day of January One thousand seven hundred and sixty-seven; -and that all and every Person and Persons who shall at any Time -hereafter, before the Expiration of the said Term of Twenty Years, engrave, -etch, or work in Mezzotinto or Chiaro Oscuro, or otherwise copy, sell, or -expose to Sale, or cause or procure to be etched, engraved, or worked in Mezzotinto -or Chiaro Oscuro, any of the said Works of the said William Hogarth, -shall be liable to the Penalties and Forfeitures contained in this and the said -former Act of Parliament; to be recovered in like Manner as in and by this -and the said former Act are given, directed, and appointed.</i><a id="FNanchor_1666" href="#Footnote_1666" class="fnanchor">[1666]</a></p> - -<p>IV. <i>Provided nevertheless, That the Proprietor or Proprietors of such -of the Copies of the said William Hogarth's Works, which have been copied -and printed, and exposed to Sale, after the Expiration of the Term of -Fourteen Years from the Time of their first Publication by the said William -Hogarth, and before the said First Day of January, shall not be liable or -subject to any of the Penalties contained in this Act; anything hereinbefore -contained to the contrary thereof in anywise notwithstanding.</i><a id="FNanchor_1667" href="#Footnote_1667" class="fnanchor">[1667]</a></p> - -<div class="sidenote">Penalties -may be -sued for -as by the -recited Act -is directed; -and be recovered -with full -Costs; -provided -the Prosecution -be -commenced -within 6 -months -after the -Fact.</div> - -<p>V. And all and every the Penalties and Penalty inflicted by the said -Act, and extended, and meant to be extended, to the several Cases comprised -in this Act, shall and may be sued for and recovered in like -Manner, and under the like Restrictions and Limitations, as in and by -the said Act is declared and appointed; and the Plaintiff or common -Informer in every such Action (in case such Plaintiff or common Informer -shall recover any of the Penalties incurred by this or the said former Act) -shall recover the same, together with his full Costs of Suit.</p> - -<p>VI. Provided also, That the Party prosecuting shall commence his -Prosecution within the Space of Six Calendar Months after the Offence -committed.</p> - -<div class="sidenote">The Right -intended to -be secured -by this and -the former -Act, vested -in the Proprietors -for the Term of -28 Years -from the -first Publication.</div> - -<div class="sidenote">Limitation -of Actions.</div> - -<div class="sidenote">General -Issue.</div> - -<div class="sidenote">Full Costs.</div> - -<p>VII. And the sole Right and Liberty of printing and reprinting intended -to be secured and protected by the said former Act and this Act, -shall be extended, continued, and be vested in the respective Proprietors, -for the Space of Twenty-eight Years, to commence from the Day of the -first Publishing of any of the Works respectively hereinbefore and in the -said former Act mentioned.<span class="pagenum" id="Page_307">[307]</span> -</p> -<p>VIII. <i>And if any Action or Suit shall be commenced or brought against -any Person or Persons whatsoever for doing, or causing to be done, anything -in pursuance of this Act, the same shall be brought within the Space of Six -Calendar Months after the Fact committed; and the Defendant or Defendants -in any such Action or Suit shall or may plead the General Issue, and give -the Special Matter in Evidence; and if, upon such Action or Suit, a Verdict -shall be given for the Defendant or Defendants, or if the Plaintiff or Plaintiffs -become nonsuited, or discontinue his, her, or their Action or Actions, then the -Defendant or Defendants shall ham and recover full Costs; for the Recovery -whereof he shall have the same Remedy as any other Defendant or Defendants, -in any other Case, hath or have by Law</i>.<a id="FNanchor_1668" href="#Footnote_1668" class="fnanchor">[1668]</a></p> - -<h3>THE COPYRIGHT ACT, 1775.<a id="FNanchor_1669" href="#Footnote_1669" class="fnanchor">[1669]</a><br /> - -<span class="smcap">(University Copyright), 15 Geo. III. c. 53.</span></h3> - -<p class="hang">An Act for enabling the two Universities in England, the four Universities -in Scotland, and the several Colleges of Eton, Westminster, and -Winchester, to hold in Perpetuity their Copyright in Books, given or -bequeathed to the said Universities and Colleges for the Advancement -of useful Learning and other Purposes of Education:</p> - -<div class="sidenote">Preamble</div> - -<div class="sidenote">Universities, -&c., in -England -and Scotland -to have for -ever the -sole Right -of printing, -&c., such -Books as -have been, -or shall be, -bequeathed -to them, -unless the -same have -been, or -shall be -given for -a limited -Time.</div> - -<p>I. Whereas Authors have heretofore bequeathed or given, and may -hereafter bequeath or give the Copies of Books composed by them to or -in Trust for one of the two Universities in that Part of Great Britain -called England, or to or in Trust for some of the Colleges or Houses of -Learning within the same, or to or in trust for the four Universities in -Scotland, or to or in trust for the several Colleges of Eton, Westminster, and -Winchester,<a id="FNanchor_1670" href="#Footnote_1670" class="fnanchor">[1670]</a> and in or by their several Wills or other instruments of -Donation, have directed or may direct that the Profits arising from the -printing and reprinting such Books shall be applied and appropriated as a -Fund for the Advancement of Learning and other beneficial Purposes of -Education within the said Universities and Colleges aforesaid: And -whereas such useful Purposes will frequently be frustrated unless the sole -printing and reprinting of such Books the Copies of which have been or -shall be so bequeathed or given as aforesaid, be preserved and secured to -the said Universities, Colleges, and Houses of Learning respectively in -Perpetuity: Be it enacted, That the said Universities and Colleges -respectively shall, at their respective Presses, have, for ever, the sole -liberty of printing and reprinting all such Books, as shall at any time -heretofore have been, or (having not been heretofore published<a id="FNanchor_1671" href="#Footnote_1671" class="fnanchor">[1671]</a> or -assigned) shall at any time hereafter be bequeathed, or otherwise given by -the Author or Authors of the same respectively or the Representatives of -such Author or Authors, to or in Trust for the said Universities or to or in -Trust for any College or House of Learning within the same, or to or in -Trust for the said four Universities in Scotland, or to or in Trust for the -said Colleges of Eton, Westminster, and Winchester, or any of them, for -the Purposes aforesaid, unless the same shall have been bequeathed or -given, or shall after be bequeathed or given, for any Term of Years or -other limited Term: any Law or Usage to the contrary hereof in anywise -notwithstanding.<span class="pagenum" id="Page_308">[308]</span> -</p> -<div class="sidenote">After 24th -June, 1775, -Persons -printing or -selling such -Books shall -forfeit the -same, and -also id. -for every -sheet;</div> - -<div class="sidenote">one Moiety -to His -Majesty, -and the -other to the -Prosecutor.</div> - -<p>II. And if any Bookseller, Printer, or other Person whatsoever, from -and after June 24, 1775, shall print, reprint, or import, or cause to be -printed, reprinted, or imported, any such Book or Books; or, knowing the -same to be so printed or reprinted, shall sell, publish, or expose to Sale, -or cause to be sold, published, or exposed to Sale, any such Book -or Books; then such Offender or Offenders shall forfeit such Book -or Books, and all and every Sheet or Sheets, being Part of such Book -or Books, to the University, College, or House of Learning respectively, -to whom the Copy of such Book or Books shall have been bequeathed -or given as aforesaid, who shall forthwith damask and make -waste Paper of them; and further, that every such Offender or Offenders -shall forfeit One Penny for every Sheet which shall be found in his, her, -or their Custody, either printed or printing, 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; to be recovered in any of His Majesty's Courts of -Record at Westminster, or in the Court of Session in Scotland, by Action -of Debt, Bill, Plaint, or Information, in which no Wager of Law, -Essoign, Privilege, or Protection, or more than One Imparlance, shall -be allowed.</p> - -<div class="sidenote">Nothing in -this Act to -grant any -exclusive -Right -longer than -such Books -are printed -at the -presses of -the Universities. -Universities -may -sell Copy -Rights in -like manner -as any -Author.</div> - -<p>III. Provided nevertheless, That nothing in this Act shall extend to -grant any exclusive Right otherwise than so long as the Books or Copies -belonging to the said Universities or Colleges are printed only at their -own Printing Presses within the said Universities or Colleges respectively, -and for their sole Benefit and Advantage; and that if any -University or College shall delegate, grant, lease, or sell their Copy -Rights, or exclusive Rights of printing the Books hereby granted, or any -Part thereof, or shall allow, permit, or authorise any Person or Persons, -or Bodies Corporate, to print or reprint the same, that then the Privileges -hereby granted are to become void and of no Effect, in the same -Manner as if this Act had not been made<a id="FNanchor_1672" href="#Footnote_1672" class="fnanchor">[1672]</a>; but the said Universities -and Colleges, as aforesaid, shall nevertheless have a Right to Sell -such Copies so bequeathed or given as aforesaid, in like Manner as -any Author or Authors now may do under the Provisions of the Statute -of 8 Anne.</p> - -<div class="sidenote">No person subject to Penalties for printing, -&c., Books already bequeathed, unless they be entered before 24th -June, 1775. All Books that may hereafter be bequeathed must be entered -within</div> - -<div class="sidenote">two months after such Bequest shall be known. -6d. to be paid for each entry in the Register Book, which may be -inspected without Fee. Clerk to give a Certificate, being paid -6d.</div> - -<p>IV. And Whereas many Persons may through Ignorance offend -against this Act, unless some Provision be made whereby the Property -of every such Book as is intended by this Act to be secured to the said -Universities, Colleges, and Houses of Learning within the same, and to -the said Universities in Scotland, and to the respective Colleges of Eton, -Westminster, and Winchester, may be ascertained and known; be it therefore -enacted that nothing in this Act contained shall be construed to extend -to subject any Bookseller, Printer, or other Person whatsoever, to the -Forfeitures or Penalties herein mentioned, for or by reason of the printing -or reprinting, importing or exposing to Sale any Book or Books, unless -the Title to the Copy of such Book or Books, which has or have been -already bequeathed or given to any of the said Universities or Colleges -aforesaid, be entered in the Register Book of the Company of Stationers -<span class="pagenum" id="Page_309">[309]</span> -kept for that Purpose, in such Manner as hath been usual, on or before -June 24, 1775; and of all and every such Book or Books as may or shall -hereafter be bequeathed or given as aforesaid, be entered in such Register -within the space of two Months after any such Bequest or Gift shall have -come to the knowledge of the Vice-Chancellors of the said Universities, -or Heads of Houses and Colleges of Learning, or of the Principal of any -of the said four Universities respectively; for every of which Entries -so to be made as aforesaid the Sum of Sixpence shall be paid, and no -more; which said Register Book shall and may, at all seasonable and -Convenient Times, be referred to and inspected by any Bookseller, -Printer, or other Person without any Fee or Reward; and the Clerk -of the said Company of Stationers shall, when and as often as thereunto -required, give a Certificate under his Hand of such Entry or -Entries, and for every such Certificate may take a Fee not exceeding -Sixpence.</p> - -<div class="sidenote">If Clerk -refuse or -neglect to -make -Entry, &c., -Proprietor -of such -Copy Right -to have like -Benefit as -if such -Entry had -been made, -and the -Clerk shall -forfeit £20.</div> - -<p>V. And if the Clerk of the said Company of Stationers for the Time -being shall refuse or neglect to register or make such Entry or Entries, or -to give such Certificate, being thereunto required by the Agent of either -of the said Universities or Colleges aforesaid, lawfully authorised for that -Purpose, then either of the said Universities or Colleges aforesaid, being -the Proprietor of such Copy Right or Copy Rights as aforesaid (Notice -being first given of such Refusal by Advertisement in the Gazette) shall -have the like Benefit as if such Entry or Entries, Certificate or Certificates, -had been duly made and given; and the Clerk so refusing shall, for -every such Offence, forfeit £20 to the Proprietor or Proprietors of -every such Copy Right; to be recovered in any of His Majesty's Courts -of Record at Westminster, or in the Court of Session in Scotland, by -Action of Debt, Bill, Plaint, or Information, in which no Wages of Law, -Essoign, Privilege, Protection, or more than One Imparlance, shall be -allowed.</p> - -<div class="sidenote">8 Anne. -Delivery -of Copies.</div> - -<p>VI. [<i>Clause enacting that no person shall be entitled to penalties under</i> -8 <i>Anne unless the Title to the copy of the whole book be entered at Stationer? -Hall and</i> 9 <i>copies delivered for the use of the several libraries</i>: Repealed -Stat. Law Rev. Act, 1861.]</p> - -<div class="sidenote">Limitation -of Actions.</div> - -<p>VII. <i>And if any Action or Suit shall be commenced or brought against -any Person or Persons whatsoever, for doing or causing to be done, any thing in -pursuance of this Act, the Defendants in such Action may plead the General -Issue, and give the Special Matter in Evidence; and if upon such Action a -Verdict, or if the same shall be brought in the Court of Session in Scotland, a -Judgment be given for the Defendant, or the Plaintiff become nonsuited and -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.</i><a id="FNanchor_1673" href="#Footnote_1673" class="fnanchor">[1673]</a></p> - -<div class="sidenote">Public -Act.</div> - -<p>VIII. [<i>Clause providing that the Act shall be deemed a Public Act:</i> -Repealed Stat. Law Rev. Act, 1887.]<span class="pagenum" id="Page_310">[310]</span></p> - -<h3>THE PRINTS COPYRIGHT ACT, 1777.<br /> - -<span class="smcap">17 Geo. III. c. 57.</span></h3> - -<p class="hang">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.</p> - -<div class="sidenote">Recital of -Acts 8 G. 2,</div> - -<div class="sidenote">and 7 G. 3.</div> - -<div class="sidenote">After 24th -June, 1777, -if any -Engraver, -&c., shall, -within the -Time limited -by the -aforesaid -Acts, engrave -or -etch, &c., -any Print, -without the -Consent -of the -Proprietor, -he shall be -liable to -Damages, -and Double -Costs</div> - -<p>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 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 thereinafter 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 hereinafter mentioned and contained; -be it enacted that, from and after the Twenty-fourth Day of June One -thousand seven hundred and seventy-seven, if any Engraver, 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, 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 -<span class="pagenum" id="Page_311">[311]</span> -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, <i>together with -Double Costs of Suit</i>.<a id="FNanchor_1674" href="#Footnote_1674" class="fnanchor">[1674]</a></p> - -<h3>THE SCULPTURE COPYRIGHT ACT, 1814.<br /> - -<span class="smcap">54 Geo. III. c. 56.</span></h3> - -<p class="hang">An Act to amend and render more effectual an Act of His present -Majesty, for encouraging the Art of making new Models and Casts of -Busts, and other Things therein mentioned; and for giving further -Encouragement to such Arts.</p> - -<p class="author">[18th May 1814.]</p> - -<div class="sidenote">38 G. 3 c. 71.</div> - -<div class="sidenote">The sole -Right and -Property of -all new and -original -Sculpture -Models, -Copies, -and Casts, -vested in -the Proprietors, -for 14 -Years.</div> - -<p>I. Whereas by an Act, passed in the Thirty-eighth Year of the Reign -of His present Majesty, intituled An Act for encouraging the Art of making -new Models and Casts of Busts, and other Things therein mentioned; -the sole Right and Property thereof were vested in the original -Proprietors, for a Time therein specified: And whereas the Provisions of -the said Act having been found ineffectual for the Purposes thereby -intended, it is expedient to amend the same, and to make other -Provisions and Regulations for the Encouragement of Artists, and -to secure to them the Profits of and in their Works, and for the Advancement -of the said Arts: Be it enacted That from and after the passing of -this Act, every Person or Persons who shall make or cause to be made any -new and original Sculpture,<a id="FNanchor_1675" href="#Footnote_1675" class="fnanchor">[1675]</a> or Model, or Copy, or Cast, of the Human -Figure or Human Figures, or of any Bust or Busts, or of any Part or Parts -of the Human Figure, clothed in Drapery or otherwise, or of any Animal -or Animals, or of any Part or Parts of any Animal combined with the -Human Figure or otherwise, or of any Subject being Matter of Invention -in Sculpture or of any Alto or Basso-Relievo representing any of the -Matters or Things hereinbefore mentioned, or any Cast from Nature of -the Human Figure, or of any Part or Parts of the Human Figure, or of -any Cast from Nature of any Animal, or of any Part or Parts of any -Animal, or of any such Subject containing or representing any of the -Matters and Things hereinbefore mentioned, whether separate or combined, -shall have the sole Right and Property of all and in every such -new and original Sculpture, Model, Copy and Cast of the Human Figure -or Human Figures, and of all and in every such Bust or Busts, and of all -and in every such Part or Parts of the Human Figure, clothed in Drapery -or otherwise, and of all and in every such new and original Sculpture, -Model, Copy and Cast, representing any Animal or Animals, and of all -and in every such Work representing any Part or Parts of any Animal -combined with the Human Figure or otherwise, and of all and in every -such new and original Sculpture, Model, Copy and Cast of any Subject, -being Matter of Invention in Sculpture, and of all and in every such new -and original Sculpture, Model, Copy and Cast in Alto or Basso-Relievo, -representing any of the Matters or Things hereinbefore mentioned, and -of every such Cast from Nature, for the Term of Fourteen Years from -<span class="pagenum" id="Page_312">[312]</span> -first putting forth or publishing<a id="FNanchor_1676" href="#Footnote_1676" class="fnanchor">[1676]</a> the same; provided, in all and in every -Case, the Proprietor or Proprietors do cause his, her, or their Name or -Names, with the Date, to be put on all and every such new and original -Sculpture, Model, Copy, or Cast, and on every such Cast from Nature, -before the same shall be put forth or published.</p> - -<div class="sidenote">Works -published -under the -recited Act, -vested in -the Proprietors -for -14 Years.</div> - -<p>II. And the sole Right and Property of all Works, which have been -put forth or published under the Protection of the said recited Act, -shall be extended, continued to and vested in the respective Proprietors -thereof, for the Term of Fourteen Years, to commence from the -Date when such last-mentioned Works respectively were put forth or -published.</p> - -<div class="sidenote">Persons -putting -forth -pirated -Copies or -pirated -Casts, may -be prosecuted.</div> - -<div class="sidenote">Damages -and Double -Costs.</div> - -<p>III. And if any Person or Persons shall, within such Term of Fourteen -Years, make or import, or cause to be made or imported, or exposed -to Sale, or otherwise disposed of, any pirated Copy or pirated Cast of any -such new and original Sculpture, or Model or Copy, or Cast of the -Human Figure or Human Figures, or of any such Bust or Busts, or of -any such Part or Parts of the Human Figure clothed in Drapery or otherwise, -or of any such Work of any Animal or Animals, or of any such Part -or Parts of any Animal or Animals combined with the Human Figure or -otherwise, or of any such Subject being Matter of Invention in Sculpture, -or of any such Alto or Basso-Relievo representing any of the Matters or -Things hereinbefore mentioned, or of any such Cast from Nature as -aforesaid, whether such pirated Copy or pirated Cast be produced by -moulding or copying from, or imitating in any way, any of the Matters or -Things put forth or published under the Protection of this Act, or of any -Works which have been put forth or published under the Protection of -the said recited Act, the Right and Property whereof is and are secured, -extended and protected by this Act, in any of the Cases as aforesaid, -to the Detriment, Damage, or Loss of the original or respective Proprietor -or Proprietors of any such Works so pirated; then and in all -such Cases the said Proprietor or Proprietors, or their Assignee or -Assignees, shall and may, by and in a Special Action upon the Case to be -brought against the Person or Persons so offending, receive such -Damages as a Jury on a Trial of such Action shall give or assess, -<i>together with Double Costs of Suit</i>.<a id="FNanchor_1677" href="#Footnote_1677" class="fnanchor">[1677]</a></p> - -<div class="sidenote">Purchasers -of Copy -Right secured -in -the same.</div> - -<p>IV. Provided nevertheless, That no Person or Persons who shall or -may hereafter purchase the Right or Property of any new and original -Sculpture or Model, or Copy or Cast, or of any Cast from Nature, or of -any of the Matters and Things published under or protected by virtue -of this Act, of the Proprietor or Proprietors, expressed in a Deed in -Writing signed by him, 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, shall be subject to any Action for copying -or casting, or vending the same, any Thing contained in this Act to the -contrary notwithstanding.</p> - -<div class="sidenote">Limitation -of Actions.</div> - -<p>V. Provided always, That all Actions to be brought as aforesaid, -against any Person or Persons for any Offence committed against this -<span class="pagenum" id="Page_313">[313]</span> -Act, shall be commenced within Six Calendar Months next after the -Discovery of every such Offence, and not afterwards.</p> - -<div class="sidenote">An additional -Term of 14 -Years, in -case the -Maker of -the original -Sculpture, -&c., shall -be living.</div> - -<p>VI. Provided always, That from and immediately after the Expiration -of the said Term of Fourteen Years, the sole Right of making and -disposing of such new and original Sculpture, or Model, or Copy, or Cast -of any of the Matters or Things hereinbefore mentioned, shall return to -the Person or Persons who originally made or caused to be made the -same, if he or they shall be then living, for the further Term of Fourteen -Years, <i>excepting in the Case or Cases where such Person or Persons shall by -Sale or otherwise have divested himself, herself or themselves, of such Right -of making or disposing of any new and original Sculpture, or Model, or -Copy, or Cast of any of the Matters or Things hereinbefore mentioned, -previous to the passing of this Act</i>.<a id="FNanchor_1678" href="#Footnote_1678" class="fnanchor">[1678]</a></p> - -<h3>THE DRAMATIC COPYRIGHT ACT, 1833.<br /> - -<span class="smcap">3 & 4 Will. IV.</span></h3> - -<p class="hang">An Act to amend the Laws relating to Dramatic Literary Property.</p> - -<p class="author">[10th June 1833.]</p> - -<div class="sidenote">54 G. 3 c. -156.</div> - -<div class="sidenote">The Author -of any Dramatic -Piece -shall have -as his Property -the -sole Liberty -of representing -it -or causing -it to be -represented -at any -Place of -Dramatic -Entertainment.</div> - -<p>I. <i>Whereas by an Act passed in the Fifty-fourth year of the Reign of -His late Majesty King George the Third, intituled An Act to amend the -several Acts for the Encouragement of Learning, by securing the Copies and -Copyright of printed Books to the Authors of such Books, or their Assigns, -it was amongst other things provided and enacted, that from and after the -passing of the said Act the Author of any Book or Books composed, and not -printed or published, or which should thereafter be composed and printed and -published, and his Assignee or Assigns, should have the sole Liberty of printing -and reprinting such Books or Books for the full Term of Twenty-eight -Years, to commence from the Day of first publishing the same, and also, if -the Author should be living at the End of that Period, for the Residue of his -natural Life: And whereas it is expedient to extend the Provisions of the -said Act:<a id="FNanchor_1679" href="#Footnote_1679" class="fnanchor">[1679]</a></i> <i>Be it therefore enacted</i>, That the Author of any Tragedy, -Comedy, Play, Opera, Farce, or any other Dramatic Piece<a id="FNanchor_1680" href="#Footnote_1680" class="fnanchor">[1680]</a> or Entertainment, -composed, and not printed and published by the Author thereof -or his Assignee, or which hereafter shall be composed, and not printed or -published by the Author thereof or his Assignee, or the Assignee of such -Author, shall have as his own Property the sole Liberty of representing, -or causing<a id="FNanchor_1681" href="#Footnote_1681" class="fnanchor">[1681]</a> to be represented, at any Place or Places of Dramatic Entertainment<a id="FNanchor_1682" href="#Footnote_1682" class="fnanchor">[1682]</a> -whatsoever, in any Part of the United Kingdom of Great Britain -and Ireland, in the Isles of Man, Jersey, and Guernsey, or in any Part of -the British Dominions, any such Production as aforesaid, not printed and -published by the Author thereof or his Assignee, and shall be deemed -and taken to be the Proprietor thereof; and the Author of any such Production, -printed and published within Ten Years before the passing of -<span class="pagenum" id="Page_314">[314]</span> -this Act by the Author thereof or his Assignee, or which shall hereafter -be so printed and published, or the Assignee of such Author, shall, from -the Time of passing this Act, or from the Time of such Publication respectively, -until the End of Twenty-eight Years from the Day of such first -Publication of the same, and also, if the Author or Authors, or the Survivor -of the Authors, shall be living at the End of that period, during the -Residue of his natural Life,<a id="FNanchor_1683" href="#Footnote_1683" class="fnanchor">[1683]</a> have as his own Property the sole Liberty of -representing, or causing to be represented, the same at any such Place -of Dramatic Entertainment as aforesaid, and shall be deemed and taken -to be the Proprietor thereof: Provided nevertheless, that nothing in this -Act contained shall prejudice, alter, or affect the Right or Authority of -any Person to represent or cause to be represented, at any Place or Places -of Dramatic Entertainment whatsoever, any such Production as aforesaid, -in all Cases in which the Author thereof or his Assignee shall, previously -to the passing of this Act, have given his Consent to or authorised such -Representation, but that such sole Liberty of the Author or his Assignee -shall be subject to such Right or Authority.</p> - -<div class="sidenote">Proviso as -to Cases -where, previous -to the -passing of -this Act, -a Consent -has been -given.</div> - -<div class="sidenote">Penalty on -Persons -performing -Pieces contrary -to -this Act.</div> - -<p>II. If any Person shall, during the Continuance of such sole Liberty -as aforesaid, contrary to the Intent of this Act, or Right of the Author or -his Assignee, represent, or cause to be represented, without the Consent -in Writing<a id="FNanchor_1684" href="#Footnote_1684" class="fnanchor">[1684]</a> of the Author or other Proprietor first had and obtained, at -any Place of Dramatic Entertainment within the Limits aforesaid, any -such Production as aforesaid, or any Part thereof, every such Offender -shall be liable for each and every such Representation to the Payment of -an Amount not less than Forty Shillings, or to the full Amount of the -Benefit or Advantage arising from such Representation, or the Injury or -Loss sustained by the Plaintiff therefrom, whichever shall be the greater -Damages, to the Author or other Proprietor of such Production so represented -contrary to the true Intent and Meaning of this Act, to be recovered, -<i>together with Double Costs of Suit</i>,<a id="FNanchor_1685" href="#Footnote_1685" class="fnanchor">[1685]</a> by such Author or other Proprietors, -in any Court having Jurisdiction in such Cases in that Part of the said -United Kingdom or of the British Dominions in which the Offence shall -be committed; and in every such Proceeding where the sole Liberty of -such Author or his Assignee as aforesaid shall be subject to such Right -or Authority as aforesaid it shall be sufficient for the Plaintiff to state that -he has such sole Liberty, without stating the same to be subject to such -Right or Authority, or otherwise mentioning the same.</p> - -<div class="sidenote">Limitation -of Actions.</div> - -<p>III. Provided nevertheless. That all Actions or Proceedings for any -Offence or Injury 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 -no effect.</p> - -<div class="sidenote">Explanation -of -Words.</div> - -<p>IV. Whenever Authors, Persons, Offenders, or others are spoken of in -this Act in the singular Number or in the Masculine Gender, the same -shall extend to any Number of Persons and to either Sex.<span class="pagenum" id="Page_315">[315]</span> -</p> - -<h3>THE LECTURES COPYRIGHT ACT, 1835.<a id="FNanchor_1686" href="#Footnote_1686" class="fnanchor">[1686]</a><br /> - -<span class="smcap">5 & 6 Will. IV. c. 65.</span></h3> - -<p class="hang">An Act for preventing the Publication of Lectures without Consent.</p> - -<p class="author">[9th September 1835.]</p> - -<div class="sidenote">Authors of -Lectures, -or their -Assigns, to -have the -sole Right -of publishing -them.</div> - -<div class="sidenote">Penalty on -other persons -publishing, -&c., -Lectures -without -Leave.</div> - -<p>I. <i>Whereas Printers, Publishers, and other Persons have frequently -taken the Liberty of printing and publishing Lectures delivered upon divers -Subjects, without the Consent of the Authors of such Lectures, or the Persons -delivering the same in Public, to the great Detriment of such Authors and -Lecturers: 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 First Day of September One thousand eight -hundred and thirty-five</i><a id="FNanchor_1687" href="#Footnote_1687" class="fnanchor">[1687]</a> the Author of any Lecture or Lectures, or the -Person to whom he hath sold or otherwise conveyed the Copy thereof, -in order to deliver the same in any School, Seminary, Institution, or -other Place, or for any other Purpose, shall have the sole Right and -Liberty of printing and publishing such Lecture or Lectures; and if any -Person shall, by taking down the same in Short Hand or otherwise in -Writing, or in any other Way, obtain or make a Copy of such Lecture -or Lectures, and shall print or lithograph or otherwise copy and publish -the same, or cause the same to be printed, lithographed, or otherwise -copied and published, without Leave of the Author thereof, or of the -Person to whom the Author thereof hath sold or otherwise conveyed the -same, and every Person who, knowing the same to have been printed -or copied and published without such Consent, shall sell, publish, or -expose to sale, or cause to be sold, published, or exposed to sale, any -such Lecture or Lectures, shall forfeit such printed or otherwise copied -Lecture or Lectures, or Parts thereof, together with One Penny for every -Sheet thereof which shall be found in his Custody, either printed, lithographed, -or copied, or printing, lithographing, or copying, published or -exposed to sale, contrary to the true Intent and Meaning of this Act, -the one Moiety thereof to His Majesty, and the other Moiety thereof to -any Person who shall sue for the same, to be recovered in any of His -Majesty's Courts of Record in Westminster, <i>by Action of Debt, Bill, -Plaint, or Information, in which no Wager of Law, Essoign, Privilege, or -Protection, or more than One Imparlance, shall be allowed</i>.<a id="FNanchor_1688" href="#Footnote_1688" class="fnanchor">[1688]</a></p> - -<div class="sidenote">Penalty on -Printers or -Publishers -of Newspapers -publishing -Lectures -without -Leave.</div> - -<p>II. Any Printer or Publisher of any Newspaper who shall, without -such Leave as aforesaid, print and publish in such Newspaper any Lecture -or Lectures, shall be deemed and taken to be a Person printing and -publishing without Leave within the Provisions of this Act, and liable to -the aforesaid Forfeitures and Penalties in respect of such printing and -publishing.</p> - -<div class="sidenote">Persons -having -Leave to -attend Lectures -not -on that -Account -licensed to -publish -them.</div> - -<p>III. No Person allowed for certain Fee and Reward, or otherwise, to -attend and be present at any Lecture delivered in any Place, shall be -<span class="pagenum" id="Page_316">[316]</span> -deemed and taken to be licensed or to have Leave to print, copy, and -publish such Lectures only because of having Leave to attend such -Lecture or Lectures.</p> - -<div class="sidenote">Act not to -prohibit the -publishing -of Lectures -after Expiration -of -the Copyright.</div> - -<div class="sidenote">8 Anne, -c. 19.</div> - -<div class="sidenote">54 G. 3 c. -156.</div> - -<p>IV. Provided always, That nothing in this Act shall extend to prohibit -any Person from printing, copying, and publishing any Lecture or -Lectures which have or shall have been printed and published with Leave -of the Authors thereof or their Assignees, and whereof the Time hath or -shall have expired within which the sole Right to print and publish the -same is given by an Act passed in the Eighth Year of the Reign of -Queen Anne, intituled An Act for the Encouragement of Learning, by -vesting the Copies of printed Books in the Authors or Purchasers of -such Copies during the Times therein mentioned, and by another Act -passed in the Fifty-fourth Year of the Reign of King George the Third, -intituled An Act to amend the several Acts for the Encouragement of -Learning, by securing the Copies and Copyright of printed Books to the -Authors of such Books, or their Assigns, or to any Lectures which have -been printed or published before the passing of this Act.</p> - -<div class="sidenote">Act not to -extend to -Lectures -delivered in -unlicensed -Places, &c.</div> - -<p>V. Provided further, That nothing in this Act shall extend to any -Lecture or Lectures, or the printing, copying, or publishing any Lecture -or Lectures, or Parts thereof, of the delivering of which Notice in Writing -shall not have been given to Two Justices living within Five Miles from -the Place where such Lecture or Lectures shall be delivered Two Days -at the least before delivering the same, or to any Lecture or Lectures -delivered in any University or public School or College, or on any -public Foundation, or by any individual in virtue of or according to any -Gift, Endowment, or Foundation; and that the Law relating thereto -shall remain the same as if this Act had not been passed.</p> - -<h3>THE PRINTS AND ENGRAVINGS COPYRIGHT ACT, 1836.<br /> - -6 & 7 <span class="smcap">Will.</span> IV. c. 59.</h3> - -<p class="hang">An Act to extend the Protection of Copyright in Prints and Engravings -to Ireland.</p> - -<p class="author">[13th August 1836.]</p> - -<div class="sidenote">17 G. 3 c. 57.</div> - -<div class="sidenote">Provisions -of Recited -Act extended -to -Ireland.</div> - -<p>I. <span class="smcap">Whereas</span> an Act was passed (17 G. III. c. 57): And whereas it is -desirable to extend the Provisions of the said Act to Ireland: Be it therefore -enacted, That from and after the Passing of this Act all the Provisions -contained in the said recited Act and of all other Acts therein recited, -shall be and the same are hereby extended to the United Kingdom of -Great Britain and Ireland.</p> - -<div class="sidenote">Penalty on -engraving -or publishing -any -Print without -Consent -of -Proprietor.</div> - -<p>II. From and after the Passing of this Act, if any Engraver, Etcher, -Printseller, or other Person shall, within the Time limited by the aforesaid -recited Acts, engrave, etch, or publish, or cause to be engraved, etched, -or published, any Engraving or Print of any Description whatever, either -in whole or in part, which may have been or which shall hereafter be -published in any Part of Great Britain or Ireland 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 -<span class="pagenum" id="Page_317">[317]</span> -their own Hand or Hands in the Presence of and attested by Two or -more credible Witnesses, then every such Proprietor shall and may, by -and in a separate Action upon the Case, to be brought against the Person -so offending in any Court of Law in Great Britain or Ireland, 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, <i>together with Double Costs of -Suit</i>.<a id="FNanchor_1689" href="#Footnote_1689" class="fnanchor">[1689]</a></p> - -<h3>THE COPYRIGHT ACT, 1836.<br /> - -6 & 7 <span class="smcap">Will. IV. c.</span> 110.</h3> - -<p class="hang">An Act to repeal so much of 54 Geo. III. c. 156 as requires the delivery -of a Copy of every published Book to the Libraries of Sion College, -the Four Universities of Scotland and of the King's Inns in Dublin.</p> - -<p class="author">[20th August 1836.]</p> - -<p>I. [Clause repealing 54 Geo. III. c. 156 in so far as it requires the -delivery of books to the above libraries: Repealed Stat. Law Rev. Act, -1874.]</p> - -<p>II. It shall be lawful for the Treasury from time to time to issue and -pay out of the consolidated fund of the United Kingdom of Great Britain -and Ireland to the person or persons or body politic or corporate, proprietors -or managers of each of the aforesaid libraries, such an annual -sum as may be equal in value to and compensation for the loss which any -such library may sustain by reason of the said Act being repealed so far -as relates to such library; such annual compensation to be ascertained -and determined according to the value of the books which may have -been actually received by each such library in such manner as the -Treasury shall direct upon an average of the three years ending June 30, -1836.</p> - -<p>III. The person or persons or body politic or corporate, proprietors or -managers of the library for the use whereof any such book would have -been delivered, shall and they are hereby required to apply the annual -compensation hereby authorised to be made in the purchase of books of -literature, science and the arts, for the use of and to be kept and preserved -in such library. Provided always that it shall not be lawful for the -Treasury to direct the issue of any sum of money for such annual compensation -until sufficient proof shall have been adduced before them of -the application of the money last issued to the purpose aforesaid.</p> - -<h3>THE COPYRIGHT ACT, 1842.<br /> - -5 & 6 <span class="smcap">Vict. c.</span> 45.</h3> - -<p class="hang">An Act to amend the Law of Copyright.</p> - -<p class="author">[1st July 1842.]</p> - -<p>I. <i>Whereas it is expedient to amend the Law relating to Copyright, and -to afford greater Encouragement to the Production of literary Works of -lasting Benefit to the World<a id="FNanchor_1690" href="#Footnote_1690" class="fnanchor">[1690]</a>: Be it enacted, That from the passing of this -<span class="pagenum" id="Page_318">[318]</span> -Act an Act passed in the Eighth Year of the Reign of Her Majesty Queen -Anne, intituled An Act for the Encouragement of Learning, by vesting the -Copies of Printed Books in the Authors or Purchasers of such Copies during -the Times therein mentioned; and also an Act passed in the Forty-first Year -of the Reign of His Majesty King George the Third, intituled An Act for -the further Encouragement of Learning in the United Kingdom of Great -Britain and Ireland, by securing the Copies and Copyright of Printed Books -to the Authors of such Books, or their Assigns, for the Time therein mentioned; -and also an Act passed in the Fifty-fourth Year of the Reign of His -Majesty King George the Third, intituled An Act to amend the several Acts -for the Encouragement of Learning, by securing the Copies and Copyright of -printed Books to the Authors of such Books, or their Assigns, be and the -same are hereby repealed, except so far as the Continuance of either of them -may be necessary for carrying on or giving effect to any Proceedings at Lain -or in Equity pending at the Time of passing this Act, or for enforcing any -Cause of Action or Suit, or any Right or Contract, then subsisting.</i><a id="FNanchor_1691" href="#Footnote_1691" class="fnanchor">[1691]</a></p> - -<div class="sidenote">Repeal of -former -Acts;</div> - -<div class="sidenote">8 Anne, -c. 19.</div> - -<div class="sidenote">41 G. 3 c. -107.</div> - -<div class="sidenote">54 G. 3 c. -156.</div> - -<div class="sidenote">Interpretation -of Act.</div> - -<p>II. In the Construction of this Act the Word "Book"<a id="FNanchor_1692" href="#Footnote_1692" class="fnanchor">[1692]</a> shall be construed -to mean and include every volume, Part or Division of a Volume, -Pamphlet, Sheet of Letterpress, Sheet of Music, Map,<a id="FNanchor_1693" href="#Footnote_1693" class="fnanchor">[1693]</a> Chart, or Plan -separately published<a id="FNanchor_1694" href="#Footnote_1694" class="fnanchor">[1694]</a>; the Words "Dramatic Piece"<a id="FNanchor_1695" href="#Footnote_1695" class="fnanchor">[1695]</a> shall be construed -to mean and include every Tragedy, Comedy, Play, Opera, Farce, or other -scenic, musical, or dramatic Entertainment; the Word "Copyright" shall -be construed to mean the sole and exclusive Liberty of printing or otherwise -multiplying Copies of any Subject to which the said Word is herein -applied; the Words "personal Representative" shall be construed to -mean and include every Executor, Administrator, and next of Kin entitled -to Administration; the Word "Assigns" shall be construed to mean and -include every Person in whom the Interest of an Author in Copyright -shall be vested, whether derived from such Author before or after the -Publication of any Book, and whether acquired by Sale, Gift, Bequest, or -by Operation of Law, or otherwise<a id="FNanchor_1696" href="#Footnote_1696" class="fnanchor">[1696]</a>; the Words "British Dominions" -shall be construed to mean and include all Parts of the United Kingdom -of Great Britain and Ireland, the Islands of Jersey and Guernsey, all Parts -of the East and West Indies, and all the Colonies, Settlements, and -Possessions of the Crown which now are or hereafter may be acquired; -and whenever in this Act, in describing any Person, Matter, or Thing, -the Word importing the Singular Number or the Masculine Gender only -is used, the same shall be understood to include and to be applied to -several Persons as well as one Person, and Females as well as Males, and -several Matters or Things as well as one Matter or Thing, respectively, -unless there shall be something in the Subject or Context repugnant to -such Construction.</p> - -<div class="sidenote">Endurance -of Term of -Copyright -in any Book -hereafter to -be published -in -the Lifetime -of the -Author;</div> - -<div class="sidenote">if published -after the -Author's -Death.</div> - -<p>III. The Copyright in every Book which shall after the passing of -this Act be published<a id="FNanchor_1697" href="#Footnote_1697" class="fnanchor">[1697]</a> in the Lifetime of its Author<a id="FNanchor_1698" href="#Footnote_1698" class="fnanchor">[1698]</a> shall endure for the -natural Life of such Author, and for the further Term of Seven Years, -commencing at the Time of his Death, and shall be the Property of such -Author and his Assigns: Provided always, that if the said Term of Seven -<span class="pagenum" id="Page_319">[319]</span> -Years shall expire before the End of Forty-two Years from the first Publication -of such Book, the Copyright shall in that Case endure for such -Period of Forty-two Years; and the Copyright in every Book which shall -be published after the Death of its Author shall endure for the Term of -Forty-two Years from the first Publication thereof, and shall be the -Property of the Proprietor of the Author's Manuscript from which such -Book shall be first published, and his Assigns.</p> - -<div class="sidenote">In cases of -subsisting -Copyright, -the Term -to be extended, -except -when -it shall belong -to an -Assignee -for other -Consideration -than -natural -Love and -Affection; -in which -Case it -shall cease -at the Expiration -of -the present -Term, unless -its -Extension -be agreed -to between -the Proprietor -and -the Author.</div> - -<p>IV. <i>And whereas it is just to extend the Benefits of this Act to Authors -of Books published before the passing thereof, and in which Copyright still -subsists</i>,<a id="FNanchor_1699" href="#Footnote_1699" class="fnanchor">[1699]</a> the Copyright which at the Time of passing this Act shall subsist -in any Book theretofore published (except as hereinafter mentioned) -shall be extended and endure for the full Term provided by this Act in -Cases of Books thereafter published, and shall be the Property of the -Person who at the Time of passing of this Act shall be the Proprietor of -such Copyright: Provided always, that in all Cases in which such Copyright -shall belong in whole or in part to a Publisher or other Person who -shall have acquired it for other Consideration than that of natural -Love and Affection, such Copyright shall not be extended by this Act, -but shall endure for the Term which shall subsist therein at the Time of -passing of this Act, and no longer unless the Author of such Book, if he -shall be living, or the personal Representative of such Author, if he shall -be dead, and the Proprietor of such Copyright shall, before the Expiration -of such term, consent and agree to accept the Benefits of this Act in -respect of such Book, and shall cause a Minute of such Consent in the -Form in that Behalf given in the Schedule to this Act annexed to be -entered in the Book of Registry hereinafter directed to be kept, in which -Case such Copyright shall endure for the full Term by this Act provided -in Cases of Books to be published after the passing of this Act, and shall -be the Property of such Person or Persons as in such Minute shall be -expressed.</p> - -<div class="sidenote">Judicial -Committee -of the -Privy -Council -may license -the Republication -of -Books -which the -Proprietor -refuses to -republish -after Death -of the -Author.</div> - -<p>V.<a id="FNanchor_1700" href="#Footnote_1700" class="fnanchor">[1700]</a> <i>And whereas it is expedient to provide against the Suppression of -Books of Importance to the Public</i>,<a id="FNanchor_1701" href="#Footnote_1701" class="fnanchor">[1701]</a> it shall be lawful for the Judicial Committee -of Her Majesty's Privy Council, on Complaint made to them that -the Proprietor of the Copyright in any Book after the Death of its Author -has refused to republish or to allow the Republication of the same, and -that by reason of such Refusal such Book may be withheld from the -Public, to grant a Licence to such Complainant to publish such Book in -such Manner and subject to such Conditions as they may think fit, and it -shall be lawful for such Complainant to publish such Book according to -such Licence.</p> - -<div class="sidenote">Copies of -Books published -after -the passing -of this Act, -and of all -subsequent -Editions, -to be delivered -within certain -Times -at the -British -Museum.</div> - -<p>VI.<a id="FNanchor_1702" href="#Footnote_1702" class="fnanchor">[1702]</a> A printed Copy of the whole of every Book which shall be published -after the passing of this Act, together with all Maps, Prints, or -other Engravings belonging thereto, finished and coloured in the same -Manner as the best Copies of the same shall be published, and also of -any second or subsequent Edition which shall be so published with any -Additions or Alterations, whether the same shall be in Letterpress, or in -<span class="pagenum" id="Page_320">[320]</span> -the Maps, Prints, or other Engravings belonging thereto, and whether the -first Edition of such Book shall have been published before or after the -passing of this Act, and also of any second or subsequent Edition of -every Book of which the first or some preceding Edition shall not have -been delivered for the Use of the British Museum, bound, sewed, or -stitched together, and upon the best Paper on which the same shall be -printed, shall, within One Calendar Month after the Day on which any -such Book shall first be sold, published, or offered for Sale within the Bills -of Mortality, or within Three Calendar Months if the same shall first be -sold, published, or offered for Sale in any other Part of the United -Kingdom, or within Twelve Calendar Months after the same shall first be -sold, published, or offered for Sale in any other Part of the British -Dominions, be delivered, on behalf of the Publisher thereof, at the British -Museum.</p> - -<div class="sidenote">Mode of delivering -at -the British -Museum.</div> - -<p>VII. Every Copy of any Book which under the Provisions of this Act -ought to be delivered as aforesaid shall be delivered at the British Museum -between the Hours of Ten in the Forenoon and Four in the Afternoon on -any Day except Sunday, Ash Wednesday, Good Friday, and Christmas -Day, to one of the Officers of the said Museum, or to some Person -authorised by the Trustees of the said Museum to receive the same, and -such Officer or other Person receiving such Copy is hereby required to -give a Receipt in Writing for the same, and such Delivery shall to all -Intents and Purposes be deemed to be good and sufficient Delivery under -the Provisions of this Act.</p> - -<div class="sidenote">A Copy of -every Book -to be delivered -within -a Month -after Demand -to -the Officer -of the -Stationers -Company, -for the following -Libraries: -the Bodleian -at -Oxford, -the Public -Library at -Cambridge, -the Faculty -of Advocates -at -Edinburgh, -and that -of Trinity -College, -Dublin.</div> - -<p>VIII.<a id="FNanchor_1703" href="#Footnote_1703" class="fnanchor">[1703]</a> A Copy of the whole of every Book, and of any second or -subsequent Edition of every Book containing Additions and Alterations, -together with all Maps and Prints belonging thereto, which after the -passing of this Act shall be published, shall, on Demand thereof in -Writing, left at the Place of Abode of the Publisher thereof at any Time -within Twelve Months next after the Publication thereof, under the Hand -of the Officer of the Company of Stationers who shall from Time to Time -be appointed by the said Company for the Purposes of this Act, or under -the Hand of any other Person thereto authorised by the Persons or Bodies -Politic and Corporate, Proprietors and Managers of the Libraries following, -(<i>videlicet</i>), the Bodleian Library at Oxford, the Public Library at -Cambridge, the Library of the Faculty of Advocates at Edinburgh, the -Library of the College of the Holy and Undivided Trinity of Queen -Elizabeth near Dublin, be delivered, upon the Paper of which the largest -Number of Copies of such Book or Edition shall be printed for Sale, in -the like Condition as the Copies prepared for Sale by the Publisher thereof -respectively, within One Month after Demand made thereof in Writing as -aforesaid, to the said Officer of the said Company of Stationers for the -Time being, which Copies the said Officer shall and he is hereby required -to receive at the Hall of the said Company, for the Use of the Library for -which such Demand shall be made within such Twelve Months as aforesaid; -and the said Officer is hereby required to give a Receipt in Writing -for the same, and within One Month after any such Book shall be so -delivered to him as aforesaid to deliver the same for the Use of such -Library.<span class="pagenum" id="Page_321">[321]</span> -</p> -<div class="sidenote">Publishers -may deliver -the -Copies to -the Libraries, -instead -of at the -Stationers' -Company.</div> - -<p>IX. Provided also, That if any Publisher shall be desirous of delivering -the Copy of such Book as shall be demanded on behalf of any of the said -Libraries at such Library, it shall be lawful for him to deliver the same at -such Library, free of Expense, to such Librarian or other Person authorised -to receive the same (who is hereby required in such Case to receive -and give a Receipt in Writing for the same), and such Delivery shall to -all Intents and Purposes of this Act be held as equivalent to a Delivery to -the said Officer of the Stationers' Company.</p> - -<div class="sidenote">Penalty for -Default in -delivering -Copies for -the Use -of the -Libraries.</div> - -<p>X. If any Publisher of any such Book, or of any second or subsequent -Edition of any such Book, shall neglect to deliver the same, pursuant to -this Act, he shall for every such Default forfeit, besides the Value of such -Copy of such Book or Edition which he ought to have delivered, a Sum -not exceeding Five Pounds, to be recovered by the Librarian or other -Officer (properly authorised) of the Library for the Use whereof such -Copy should have been delivered, in a summary Way, on Conviction -before Two Justices of the Peace for the County or Place where the -Publisher making default shall reside, or by Action of Debt or other Proceeding -of the like Nature, at the Suit of such Librarian or other Officer, -in any Court of Record in the United Kingdom, in which Action, if the -Plaintiff shall obtain a Verdict, he shall recover his Costs reasonably -incurred, to be taxed as between Attorney and Client.</p> - -<div class="sidenote">Book of -Registry to -be kept at -Stationers' -Hall.</div> - -<p>XI.<a id="FNanchor_1704" href="#Footnote_1704" class="fnanchor">[1704]</a> A Book of Registry, wherein may be registered, as hereinafter -enacted, the Proprietorship in the Copyright of Books, and Assignments -thereof, and in Dramatic and Musical Pieces, whether in Manuscript or -otherwise, and Licences affecting such Copyright, shall be kept at the -Hall of the Stationers' Company, by the Officer appointed by the said -Company for the Purposes of this Act, and shall at all convenient Times -be open to the Inspection of any Person, on Payment of One Shilling for -every Entry which shall be searched for or inspected in the said Book; -and that such Officer shall, whenever thereunto reasonably required, give -a Copy of any Entry in such Book, certified under his Hand, and impressed -with the Stamp of the said Company, to be provided by them for -that Purpose, and which they are hereby required to provide, to any Person -requiring the same, on Payment to him of the Sum of Five Shillings; and -such Copies so certified and impressed shall be received in Evidence in -all Courts, and in all summary Proceedings, and shall be <i>primâ facie</i> -Proof<a id="FNanchor_1705" href="#Footnote_1705" class="fnanchor">[1705]</a> of the Proprietorship or Assignment of Copyright or Licence as -therein expressed, but subject to be rebutted by other Evidence, and in -the Case of Dramatic or Musical Pieces shall be <i>primâ facie</i> Proof of the -Right of Representation or Performance, subject to be rebutted as -aforesaid.</p> - -<div class="sidenote">Making a -false Entry -in the Book -of Registry -a Misdemeanour.</div> - -<p>XII. If any Person shall wilfully make or cause to be made any false -Entry in the Registry Book of the Stationers' Company, or shall wilfully -produce or cause to be tendered in Evidence any Paper falsely purporting -to be a Copy of any Entry in the said Book, he shall be guilty of an -indictable Misdemeanour, and shall be punished accordingly.<span class="pagenum" id="Page_322">[322]</span> -</p> -<div class="sidenote">Entries of -Copyright -may be -made in -the Book -of Registry.</div> - -<p>XIII.<a id="FNanchor_1706" href="#Footnote_1706" class="fnanchor">[1706]</a> It shall be lawful for the Proprietor of Copyright in any Book -heretofore published, or in any Book hereafter to be published, to make -Entry in the Registry Book of the Stationers' Company of the Title of -such Book, the Time of the first Publication thereof, the Name and Place -of Abode of the Publisher thereof, and the Name and Place of Abode of -the Proprietor of the Copyright of the said Book, or of any Portion of -such Copyright, in the Form in that Behalf given in the Schedule to this -Act annexed, upon Payment of the Sum of Five Shillings to the Officer -of the said Company; and it shall be lawful for every such registered -Proprietor to assign his Interest,<a id="FNanchor_1707" href="#Footnote_1707" class="fnanchor">[1707]</a> or any Portion of his Interest therein, by -making Entry in the said Book of Registry of such Assignment, and of -the Name and Place of Abode of the Assignee thereof, in the Form given -in that Behalf in the said Schedule, on Payment of the like Sum; and -such Assignment so entered shall be effectual in Law to all Intents and -Purposes whatsoever, without being subject to any Stamp or Duty, and -shall be of the same Force and Effect as if such Assignment had been -made by Deed.</p> - -<div class="sidenote">Persons aggrieved -by -any Entry -in the Book -of Registry -may apply -to a Court -of Law in -Term, or -Judge in -Vacation, -who may -order such -Entry to be -varied or -expunged.</div> - -<p>XIV.<a id="FNanchor_1708" href="#Footnote_1708" class="fnanchor">[1708]</a> If any Person shall deem himself aggrieved by any Entry made -under colour of this Act in the said Book of Registry, it shall be lawful -for such Person to apply by Motion to the Court of Queen's Bench, -<i>Court of Common Pleas, or Court of Exchequer, in Term Time, or to apply -by Summons to any Judge of either of such Courts in Vacation</i>,<a id="FNanchor_1709" href="#Footnote_1709" class="fnanchor">[1709]</a> for an -Order that such Entry may be expunged or varied; and upon any such -Application <i>by Motion or Summons to either of the said Courts, or to a -Judge as aforesaid</i>,<a id="FNanchor_1710" href="#Footnote_1710" class="fnanchor">[1710]</a> such Court <i>or Judge</i><a id="FNanchor_1711" href="#Footnote_1711" class="fnanchor">[1711]</a> shall make such Order for -expunging, varying, or confirming such Entry, either with or without -Costs, as to such Court <i>or Judge</i><a id="FNanchor_1712" href="#Footnote_1712" class="fnanchor">[1712]</a> shall seem just; and the Officer appointed -by the Stationers Company for the Purposes of this Act shall, on -the Production to him of any such Order for expunging or varying any -such Entry, expunge or vary the same according to the Requisitions of -such Order.</p> - -<div class="sidenote">Remedy -for the -Piracy of -Books by -Action on -the Case.</div> - -<p>XV. If any Person shall, in any Part of the British Dominions, print -or cause to be printed,<a id="FNanchor_1713" href="#Footnote_1713" class="fnanchor">[1713]</a> either for Sale or Exportation, any Book in which -there shall be subsisting Copyright, without the Consent in Writing<a id="FNanchor_1714" href="#Footnote_1714" class="fnanchor">[1714]</a> of the -Proprietor thereof, or shall import for Sale or Hire any such Book so -having been unlawfully printed from Parts beyond the Sea, or, knowing -such Book to have been so unlawfully printed or imported, shall sell, -publish, or expose to Sale or Hire, or cause to be sold, published, or -exposed to Sale or Hire, or shall have in his Possession, for Sale or Hire, -any such Book so unlawfully printed or imported, without such Consent -as aforesaid, such Offender shall be liable to a special Action on the Case -at the Suit of the Proprietor of such Copyright, to be brought in any -Court of Record in that Part of the British Dominions in which the -Offence shall be committed: Provided always, that in Scotland such -Offender shall be liable to an Action in the Court of 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.<span class="pagenum" id="Page_323">[323]</span> -</p> -<div class="sidenote">In Actions -for Piracy -the Defendant -to give -Notice of -the Objections -to the -Plaintiff's -Title on -which he -means to -rely.</div> - -<p>XVI. In any Action brought within the British Dominions against any -Person for printing any such Book for Sale, Hire, or Exportation, or for -importing, selling, publishing, or exposing to Sale or Hire, or causing to -be imported, sold, published, or exposed to Sale or Hire, any such Book, -the Defendant, on pleading thereto, shall give to the Plaintiff a Notice in -Writing of any Objections on which he means to rely on the Trial of -such Action<a id="FNanchor_1715" href="#Footnote_1715" class="fnanchor">[1715]</a>; and if the Nature of his Defence be, that the Plaintiff in -such Action was not the Author or first Publisher of the Book in which -he shall by such Action claim Copyright, or is not the Proprietor of the -Copyright therein, or that some other Person than the Plaintiff was the -Author or first Publisher of such Book, or is the Proprietor of the Copyright -therein, then the Defendant shall specify in such Notice the Name -of the Person who he alleges to have been the Author or first Publisher of -such Book, or the Proprietor of the Copyright therein, together with the -Title of such Book, and the Time when and the Place where such Book -was first published, otherwise the Defendant in such Action shall not at -the Trial or Hearing of such Action be allowed to give any Evidence that -the Plaintiff in such Action was not the Author or first Publisher of the -Book in which he claims such Copyright as aforesaid, or that he was not -the Proprietor of the Copyright therein; and at such Trial or Hearing no -other Objection shall be allowed to be made on behalf of such Defendant -than the Objections stated in such Notice, or that any other Person was -the Author or first Publisher of such Book, or the Proprietor of the Copyright -therein, than the Person specified in such Notice, or give in Evidence -in support of his Defence any other Book than one substantially corresponding -in Title, Time, and Place of Publication with the Title, Time, -and Place specified in such Notice.</p> - -<div class="sidenote">No Person, -except the -Proprietor, -&c., shall -import into -the British -Dominions -for Sale or -Hire any -Book first -composed, -&c., within -the United -Kingdom, -and reprinted -elsewhere, -under -Penalty of -Forfeiture -thereof, -and also of -£10 and -Double the -Value.</div> - -<div class="sidenote">Books may -be seized -by Officers -of Customs -or Excise.</div> - -<p>XVII.<a id="FNanchor_1716" href="#Footnote_1716" class="fnanchor">[1716]</a> It shall not be lawful for any Person, not being the Proprietor -of the Copyright, or some Person authorised by him, to import into any -Part of the United Kingdom, or into any other Part of the British -Dominions, for Sale or Hire, any printed Book first composed or written -or printed and published in any Part of the said United Kingdom, -wherein there shall be Copyright, and reprinted in any Country or -Place whatsoever out of the British Dominions; and if any Person, not -being such Proprietor or Person authorised as aforesaid, shall import or -bring, or cause to be imported or brought, for Sale or Hire, any such -printed Book, into any Part of the British Dominions, contrary to the -true Intent and Meaning of this Act, or shall knowingly sell, publish, or -expose to Sale or let to Hire, or have in his Possession for Sale or Hire, -any such Book, then every such Book shall be forfeited, and shall be -seized by any Officer of Customs or Excise, and the same shall be -destroyed by such Officer, and every Person so offending, being duly -convicted thereof before Two Justices of the Peace for the County or -Place in which such Book shall be found, shall also for every such -Offence<a id="FNanchor_1717" href="#Footnote_1717" class="fnanchor">[1717]</a> forfeit the Sum of Ten Pounds, and Double the Value of every -Copy of such Book which he shall so import or cause to be imported -into any Part of the British Dominions, or shall knowingly sell, publish, -or expose to Sale or let to Hire, or shall cause to be sold, published, or -exposed to Sale or let to Hire, or shall have in his Possession for Sale -or Hire, contrary to the true Intent and Meaning of this Act, Five -<span class="pagenum" id="Page_324">[324]</span> -Pounds to the Use of such Officer of Customs or Excise, and the Remainder -of the Penalty to the Use of the Proprietor of the Copyright in -such Book.</p> - -<div class="sidenote">As to the -Copyright -in Encyclopædias, -Periodicals, -and Works -published -in a Series, -Reviews, or -Magazines.</div> - -<div class="sidenote">Proviso for -Authors -who have -reserved -the Right -of publishing -their -Articles in -a separate -Form.</div> - -<p>XVIII.<a id="FNanchor_1718" href="#Footnote_1718" class="fnanchor">[1718]</a> When any Publisher or other Person shall, before or at the -Time of the passing of this Act, have projected, conducted, and carried -on, or shall hereafter project, conduct, and carry on, or be the Proprietor -of any Encyclopædia, Review, Magazine, Periodical Work, or Work -published in a Series of Books or Parts, or any Book whatsoever,<a id="FNanchor_1719" href="#Footnote_1719" class="fnanchor">[1719]</a> and -shall have employed or shall employ any Persons to compose the same, -or any Volumes, Parts, Essays, Articles, or Portions thereof, for 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,<a id="FNanchor_1720" href="#Footnote_1720" class="fnanchor">[1720]</a> on the Terms<a id="FNanchor_1721" href="#Footnote_1721" class="fnanchor">[1721]</a> that the Copyright therein shall belong -to such Proprietor,<a id="FNanchor_1722" href="#Footnote_1722" class="fnanchor">[1722]</a> Projector, Publisher, or Conductor, and paid<a id="FNanchor_1723" href="#Footnote_1723" class="fnanchor">[1723]</a> 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<a id="FNanchor_1724" href="#Footnote_1724" class="fnanchor">[1724]</a> 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 -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 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.</p> - -<div class="sidenote">Proprietors -of Encyclopædias, -Periodicals, -and Works -published -in a Series, -may enter -at once at -Stationers' -Hall, and -thereon -have the -Benefit of -the Registration -of -the Whole.</div> - -<p>XIX.<a id="FNanchor_1725" href="#Footnote_1725" class="fnanchor">[1725]</a> The Proprietor of the Copyright in any Encyclopædia, Review, -Magazine, Periodical Work, or other Work published in a Series of Books -or Parts, shall be entitled to all the Benefits of the Registration at -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 Series of Books or Parts, the Time of the first Publication -of the First Volume, Number, or Part thereof, or of the First Number or -Volume first published after the passing of this Act in any such Work -<span class="pagenum" id="Page_325">[325]</span> -which shall have been published 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.</p> - -<div class="sidenote">The Provisions -of -3 & 4 W 4. -c. 15, extended -to -Musical -Compositions, -and -the Term of -Copyright, -as provided -by this Act, -applied to -the Liberty -of representing -Dramatic -Pieces and -Musical -Compositions.</div> - -<p>XX. <i>And whereas an Act was passed in the Third Year of the Reign -of His late Majesty, to amend the Law relating to Dramatic Literary -Property, and it is expedient to extend 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</i>;<a id="FNanchor_1726" href="#Footnote_1726" class="fnanchor">[1726]</a> the Provisions of the said Act of His late Majesty, and of this Act, -shall apply to Musical Compositions,<a id="FNanchor_1727" href="#Footnote_1727" class="fnanchor">[1727]</a> and the sole Liberty of representing -or performing, or causing or permitting to be represented or performed, -any Dramatic Piece or Musical Composition, shall endure and be the -Property of the Author thereof, and his Assigns,<a id="FNanchor_1728" href="#Footnote_1728" class="fnanchor">[1728]</a> 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<a id="FNanchor_1729" href="#Footnote_1729" class="fnanchor">[1729]</a> the same, shall apply to the Liberty of representing or performing -any Dramatic Piece or Musical Composition, as if the same were -herein expressly re-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 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.</p> - -<div class="sidenote">Proprietors -of Right of -Dramatic -Representations shall -have all the -Remedies -given by -3 & 4 W. 4 -c. 15</div> - -<p>XXI. The Person who shall at any time have the sole Liberty of -representing such Dramatic Piece or Musical Composition shall have and -enjoy 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.</p> - -<div class="sidenote">Assignment -of -Copyright -of a Dramatic -Piece -not to -convey the -Right of -Representation.</div> - -<p>XXII. No Assignment of the Copyright of any Book consisting of -or containing a Dramatic Piece or Musical Composition shall be holden -to convey to the Assignee the Right of representing or performing such -Dramatic Piece or Musical Composition, unless an Entry in the said -Registry Book shall be made of such Assignment,<a id="FNanchor_1730" href="#Footnote_1730" class="fnanchor">[1730]</a> wherein shall be expressed -the Intention of the Parties that such Right should pass by such -Assignment.</p> - -<div class="sidenote">Books pirated -shall -become the -Property of -the Proprietor -of the -Copyright, -and may be -Recovered -by Action.</div> - -<p>XXIII.<a id="FNanchor_1731" href="#Footnote_1731" class="fnanchor">[1731]</a> All Copies of any Book wherein there shall be Copyright, -and of which Entry shall have been made in the said Registry Book, -and which shall have been unlawfully printed or imported without the -<span class="pagenum" id="Page_326">[326]</span> -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.</p> - -<div class="sidenote">No Proprietor -of -Copyright -commencing -after -this Act -shall sue -or proceed -for any Infringement -before -making -Entry in -the Book of -Registry.</div> - -<div class="sidenote">Proviso for -Dramatic -Pieces.</div> - -<p>XXIV.<a id="FNanchor_1732" href="#Footnote_1732" class="fnanchor">[1732]</a> No Proprietor of Copyright in any Book which shall be first -published after the 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 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.<a id="FNanchor_1733" href="#Footnote_1733" class="fnanchor">[1733]</a></p> - -<div class="sidenote">Copyright -shall be -Personal -Property.</div> - -<p>XXV. All Copyright shall be deemed Personal Property, and shall -be transmissible by Bequest, or, in case of Intestacy, shall be subject to -the same Law of Distribution as other Personal Property, and in Scotland -shall be deemed to be Personal and Movable Estate.</p> - -<div class="sidenote">General -Issue.</div> - -<div class="sidenote">Limitation -of Actions;</div> - -<div class="sidenote">not to -extend to -Actions, -&c., in -respect of -the Delivery -of -Books.</div> - -<p>XXVI. <i>If any Action or Suit shall be commenced or brought against -any Person or Persons whomsoever for doing or causing to be done anything -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</i>;<a id="FNanchor_1734" href="#Footnote_1734" class="fnanchor">[1734]</a> and 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 -Calendar Months<a id="FNanchor_1735" href="#Footnote_1735" class="fnanchor">[1735]</a> next after such Offence committed, or else the same -shall be void and of none effect; provided that such Limitation of Time -shall 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.<span class="pagenum" id="Page_327">[327]</span> -</p> -<div class="sidenote">Saving the -Rights of -the Universities, -and the -Colleges -of Eton, -Westminster, -and Winchester.</div> - -<p>XXVII. Provided always, 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, anything -to the contrary herein contained notwithstanding.</p> - -<div class="sidenote">Saving all -subsisting -Rights, -Contracts, -and Engagements.</div> - -<p>XXVIII. Provided also, That nothing 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.</p> - -<div class="sidenote">Extent of -the Act.</div> - -<p>XXIX. This Act shall extend to the United Kingdom of Great -Britain and Ireland, and to every Part of the British Dominions.</p> - -<div class="sidenote">Act may be -amended -this Session.</div> - -<p>XXX. <i>This Act may be amended or repealed by any Act to be passed in -the present Session of Parliament</i>.<a id="FNanchor_1736" href="#Footnote_1736" class="fnanchor">[1736]</a></p> - -<h3>SCHEDULE <span class="smcap">TO WHICH THE PRECEDING ACT REFERS</span>.</h3> - -<h4>No. 1.</h4> - -<p class="center"><span class="smcap">Form</span> of <span class="smcap">Minute</span> of <span class="smcap">Consent</span> to be entered at Stationers' Hall.</p> - -<p><span class="smcap">We</span>, the undersigned, <i>A. B.</i> of <span class="i10">the</span> Author of a certain -Book, intituled <i>Y. Z.</i> [<i>or</i> the personal Representative of the Author, <i>as the -Case may be</i>], and <i>C. D.</i> of <span class="i10">do</span> 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. <span class="i10">for</span> -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 <i>A. B.</i> or <i>C. D.</i></p> - -<div class="w50"> -<p class="center"> -Dated this <span class="i10">Day</span> of <span class="i10">18</span><span class="i2">.</span> -</p> - -<table class="w100" summary="Form representation."> -<tr> -<td></td> -<td class="tdr">(Signed) <i>A. B.</i></td> -</tr> -<tr> -<td>Witness</td> -<td class="tdr"><i>C. D.</i></td> -</tr> -</table> - -<p class="center">To the Registering Officer appointed by the Stationers' Company.</p> -</div> - -<h4>No. 2.</h4> - -<p class="center"><span class="smcap">Form</span> of <span class="smcap">Requiring Entry</span> of <span class="smcap">Proprietorship</span>.</p> - -<p>I <i>A. B.</i> of <span class="i10">do</span> hereby certify, That I am the Proprietor -of the Copyright of a Book, intituled <i>Y. Z.</i>, and I hereby require you to -make Entry in the Register Book of the Stationers' Company of my -<span class="pagenum" id="Page_328">[328]</span> -Proprietorship of such Copyright, according to the Particulars underwritten.</p> - -<table class="form" summary="Form representation."> - <tr> - <th>Title of Book.</th> - <th>Name of Publisher and Place of Publication.</th> - <th>Name and Place of Abode of the Proprietor of the Copyright.</th> - <th>Date of First Publication.</th> - </tr> - <tr> - <td class="tdc"><i>Y. Z.</i></td> - <td class="tdc"></td> - <td class="tdc"> <i>A. B.</i></td> - <td class="tdc"></td> - </tr> -</table> - -<p class="center"> -Dated this <span class="i10">Day of</span> <span class="i10">18</span> <span class="i2">.</span> -<br /> -<br /> -Witness, <i>C. D.</i> <span class="i10">(Signed)</span> <span class="i10"><i>A. B.</i></span> -</p> - -<h4><span class="smcap">No. 3.</span></h4> - -<p class="center"><span class="smcap">Original Entry</span> of <span class="smcap">Proprietorship</span> of <span class="smcap">Copyright</span> of a <span class="smcap">Book</span>.</p> - -<table class="form" summary="Form representation."> - <tr> - <th>Time of making the Entry.</th> - <th>Title of Book.</th> - <th>Name of the Publisher, and Place of Publication.</th> - <th>Name and Place of Abode of the Proprietor of the Copyright.</th> - <th>Date of First Publication.</th> - </tr> - <tr> - <td></td> - <td class="tdc"><i>Y. Z.</i></td> - <td class="tdc"><i>A. B.</i></td> - <td class="tdc"><i>C. D.</i></td> - <td class="tdc"></td> - </tr> -</table> - -<h4><span class="smcap">No. 4.</span></h4> - -<p class="center"><span class="smcap">Form</span> of <span class="smcap">Concurrence</span> of the <span class="smcap">Party</span> assigning in any <span class="smcap">Book</span> -previously registered.</p> - -<p>I <i>A. B.</i> of <span class="i10">being</span> the Assigner of the Copyright of the Book -hereunder described, do hereby require you to make Entry of the Assignment -of the Copyright therein.</p> - -<table class="form" summary="Form representation."> - <tr> - <th>Title of Book.</th> - <th>Assigner of the Copyright.</th> - <th>Assignee of Copyright.</th> - </tr> - <tr> - <td class="tdc"><i>Y. Z.</i></td> - <td class="tdc"><i>A. B.</i></td> - <td class="tdc"> <i>C. D.</i></td> - </tr> -</table> - -<p class="center"> -Dated this <span class="i10">Day</span> of <span class="i10">18</span><span class="i2">.</span> -</p> -<p class="author">(Signed) <i>A. B.</i></p> - -<p><span class="pagenum" id="Page_329">[329]</span></p> - -<h4>No. 5.</h4> - -<p class="center"><span class="smcap">Form</span> of <span class="smcap">Entry</span> of <span class="smcap">Assignment</span> of <span class="smcap">Copyright</span> in any <span class="smcap">Book</span> -previously registered.</p> - -<table class="form" summary="Form representation."> - <tr> - <th>Date of Entry.</th> - <th>Title of Book.</th> - <th>Assigner of the Copyright.</th> - <th>Assignee of Copyright.</th> - </tr> - <tr> - <td></td> - <td>[<i>Set out the Title of the Book, and refer to the Page of the -Registry Book in which the original Entry of the Copyright thereof is made.</i>]</td> - <td><i>A. B.</i></td> - <td><i>C. D.</i></td> - </tr> -</table> - -<h3>THE INTERNATIONAL COPYRIGHT ACT, 1844.<br /> - -7 & 8 <span class="smcap">Vict. c.</span> 12.</h3> - -<p class="hang">An Act to amend the Law relating to International Copyright.</p> - -<p class="author">[10th May 1844.]</p> - -<div class="sidenote">1 & 2 Vict. c. 59.</div> - -<div class="sidenote">3 & 4 W. 4. c. 15</div> - -<div class="sidenote">5 & 6 Vict. c. 45.</div> - -<div class="sidenote">8 G. 2c. 13.</div> - -<div class="sidenote">7 G. 3c. 38.</div> - -<div class="sidenote">17 G. 3 c. 57.</div> - -<div class="sidenote">6 & 7 W. 4 c. 59.</div> - -<div class="sidenote">38 G. 3 c. 71.</div> - -<div class="sidenote">54 G. 3 c. 56.</div> - -<div class="sidenote">Repeal of -International -Copyright -Act.</div> - -<p>I. <i>Whereas by an Act passed in the Session of Parliament held in the First -and Second Years of the Reign of Her present Majesty, intituled An Act for -securing to Authors in certain Cases the Benefit of international Copyright -(and which Act is hereinafter, for the sake of Perspicuity, designated as -"the International Copyright Act"), Her Majesty was empowered by Order -in Council to direct that the Authors of Books which should after a future -Time, to be specified in such Order in Council, be published in any Foreign -Country, to be specified in such Order in Council, and their Executors, -Administrators, and Assigns, should have the sole Liberty of printing and -reprinting such Books within the British Dominions for such Term as Her -Majesty should by such Order in Council direct, not exceeding the Term which -Authors, being British Subjects, were then, (that is to say) at the Time of -passing the said Act, entitled to in respect of Books first published in the -United Kingdom; and the said Act contains divers Enactments securing to -Authors and their Representatives the Copyright in the Books to which any -such Order in Council should extend: And whereas an Act was passed in -the Session of Parliament held in the Fifth and Sixth Years of the Reign of -Her present Majesty, intituled An Act to amend the Law of Copyright (and -which Act is hereinafter, for the sake of Perspicuity, designated as "the -Copyright Amendment Act"), repealing various Acts therein mentioned -relating to the Copyright of printed Books, and extending, defining, and -securing to Authors and their Representatives the Copyright of Books: And -whereas an Act was passed in the Session of Parliament held in the Third -and Fourth Years of the Reign of His late Majesty King William the -Fourth, intituled An Act to amend the Laws relating to Dramatic Literary -Property (and which Act is hereinafter, for the sake of Perspicuity, -<span class="pagenum" id="Page_330">[330]</span> -designated as "the Dramatic Literary Property Act"), whereby the sole -Liberty of representing or causing to be represented any Dramatic Piece in -any Place of Dramatic Entertainment in any Part of the British -Dominions, which should be composed and not printed or published by -the Author thereof or his Assignee, was secured to such Author or his -Assignee; and by the said Act it was enacted, that the Author of any such -Production which should thereafter be printed and published, or his Assignee, -should have the like sole Liberty of Representation until the End of Twenty-eight -Years from the first Publication thereof: And whereas by the said -Copyright Amendment Act the Provisions of the said Dramatic Literary -Property Act and of the said Copyright Amendment Act were made applicable -to Musical Compositions; and it was thereby also enacted, that the sole -Liberty of representing or performing, or causing or permitting to be -represented or performed, in any Part of the British Dominions, any -Dramatic Piece or Musical Composition, should endure and be the Property -of the Author thereof and his Assigns for the Term in the said Copyright -Amendment Act provided for the Duration of the Copyright in Books, and -that the Provisions therein enacted in respect of the Property of such Copyright -should apply to the Liberty of representing or performing any Dramatic -Piece or Musical Composition: And whereas under or by virtue of the Four -several Acts next hereinafter mentioned; (that is to say,) an Act passed in -the Eighth Year of the Reign of His late Majesty King George the Second, -intituled An Act for the Encouragement of the Arts of designing, engraving, -and etching historical and other Prints, by vesting the Properties thereof in -the Inventors or Engravers during the Time therein mentioned; an Act -passed in the Seventh Year of His late Majesty King George the Third, -intituled An Act to amend and render more effectual an Act made in the -Eighth Year of the Reign of King George the Second, for Encouragement of -the Arts of designing, engraving, and etching historical and other Prints; -and for vesting in and securing to Jane Hogarth, Widow, the Property in -certain Prints; an Act passed in the Seventeenth Year of the Reign of His -late Majesty King George the Third, intituled 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; and an Act passed in -the Session of Parliament held in the Sixth and Seventh Years of the Reign -of His late Majesty King William the Fourth, intituled An Act to extend -the Protection of Copyright in Prints and Engravings to Ireland; (and -which said Four several Acts are hereinafter, for the sake of Perspicuity, -designated as the Engraving Copyright Acts;) every Person who invents or -designs, engraves, etches, or works in Mezzotinto or Chiaro-oscuro, or from -his own Work, Design, or Invention causes or procures to be designed, -engraved, etched, or worked in Mezzotinto or Chiaro-oscuro 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, and every Person who engraves, etches, or works -in Mezzotinto or Chiaro-oscuro, or causes to be engraved, etched, or worked, -any Print taken from any Picture, Drawing, Model, or Sculpture, either -ancient or modern, notwithstanding such Print shall not have been graven or -drawn from the original Design of such Graver, Etcher, or Draftsman, -is entitled to the Copyright of such Print for the Term of Twenty-eight -Years from the first publishing thereof; and by the said several Engraving -Copyright Acts it is provided that the Name of the Proprietor shall be truly -<span class="pagenum" id="Page_331">[331]</span> -engraved on each Plate, and printed on every such Print, and Remedies are -provided for the Infringement of such Copyright: And whereas under and -by virtue of an Act passed in the Thirty-eighth Year of the Reign of His late -Majesty King George the Third, intituled An Act for encouraging the Art -of making new Models and Casts of Busts and other Things therein -mentioned, and of an Act passed in the Fifty-fourth Year of the Reign of -His late Majesty King George the Third, intituled An Act to amend and -render more effectual an Act of His present Majesty, for encouraging the Art -of making new Models and Casts of Busts and other Things therein -mentioned, and for giving further Encouragement to such Arts, (and which -said Acts are, for the sake of Perspicuity, hereinafter designated as the -Sculpture Copyright Acts,) every Person who makes or causes to be made any -new and original Sculpture, or Model or Copy or Cast of the Human Figure, -any Bust or Part of the Human Figure clothed in Drapery or otherwise, -any Animal or Part of any Animal combined with the Human Figure or -otherwise, any Subject, being Matter of Invention in Sculpture, any Alto or -Basso-Relievo, representing any of the Matters aforesaid, or any Cast from -Nature of the Human Figure or Part thereof, or of any Animal or Part -thereof, or of any such Subject representing any of the Matters aforesaid, -whether separate or combined, is entitled to the Copyright in such new and -original Sculpture, Model, Copy, and Cast, for Fourteen Years from first -putting forth and publishing the same, and for an additional Period of -Fourteen Years in case the original Maker is living at the End of the first -Period; and by the said Acts it is provided that the Name of the Proprietor, -with the Date of the Publication thereof, is to be put on all such Sculptures, -Models, Copies, and Casts, and Remedies are provided for the Infringement -of such Copyright: And whereas the Powers vested in Her Majesty by the -said International Copyright Act are insufficient to enable Her Majesty to -confer upon Authors of Books first published in Foreign Countries Copyright -of the like Duration, and with the like Remedies for the Infringement -thereof, which are conferred and provided by the said Copyright Amendment -Act with respect to Authors of Books first published in the British -Dominions; and the said International Copyright Act does not empower -Her Majesty to confer any exclusive Right of representing or performing -Dramatic Pieces or Musical Compositions first published in Foreign -Countries upon the Authors thereof, nor to extend the Privilege of Copyright -to Prints and Sculpture first published abroad; and it is expedient to vest -increased Powers in Her Majesty in this respect, and for that Purpose -to repeal the said International Copyright Act, and to give such other Powers -to Her Majesty, and to make such further Provisions, as are hereinafter -contained:<a id="FNanchor_1737" href="#Footnote_1737" class="fnanchor">[1737]</a> the said recited Act herein designated as the International Copyright -Act shall be and the same is hereby repealed</i>.<a id="FNanchor_1738" href="#Footnote_1738" class="fnanchor">[1738]</a></p> - -<div class="sidenote">Her Majesty, by Order in Council, may direct -that Authors, &c., of Works first published in Foreign Countries -shall have Copyright therein within Her Majesty's Dominions.</div> - -<p>II. It shall be lawful for Her Majesty, by any Order of Her Majesty -in Council, to direct that, as respects all or any particular Class or Classes -of the following Works, (namely,) Books, Prints, Articles of Sculpture, -and other Works of Art, to be defined in such Order, which shall after a -future Time, to be specified in such Order, be first published in any -Foreign Country to be named in such Order, the Authors, Inventors, -Designers, Engravers, and Makers thereof respectively, their respective -<span class="pagenum" id="Page_332">[332]</span> -Executors, Administrators, and Assigns, shall have the Privilege of -Copyright therein during such Period or respective Periods as shall -be defined in such Order, not exceeding, however, as to any of the above-mentioned -Works, the Term of Copyright which Authors, Inventors, -Designers, Engravers, and Makers of the like Works respectively first -published in the United Kingdom may be then entitled to under the -hereinbefore recited Acts respectively, or under any Acts which may -hereafter be passed in that Behalf.</p> - -<div class="sidenote">If the Order applies to Books, the Copyright Law -as to Books first published in this Country shall apply to the Books -to which the Order relates, with certain Exceptions.</div> - -<p>III. In case any such Order shall apply to Books, all and singular -the Enactments of the said Copyright Amendment Act, and of any -other Act for the Time being in force with relation to the Copyright -in Books first published in this Country, shall, from and after the Time so -to be specified in that Behalf in such Order, and subject to such Limitation -as to the Duration of the Copyright as shall be therein contained, -apply to and be in force in respect of the Books to which such Order shall -extend, and which shall have been registered as hereinafter is provided, -in such and the same Manner as if such Books were first published in the -United Kingdom, save and except such of the said Enactments, or such -Parts thereof, as shall be excepted in such Order, and save and except -such of the said Enactments as relate to the Delivery of Copies of Books -at the British Museum, and to or for the Use of the other Libraries -mentioned in the said Copyright Amendment Act.</p> - -<div class="sidenote">If the Order applies to Prints, Sculptures, -&c., the Copyright Law as to Prints or Sculptures first published -in this Country shall apply to the Prints, Sculptures, &c., to -which such Order relates.</div> - -<p>IV. In case any such Order shall apply to Prints, Articles of Sculpture, -or to any such other Works of Art as aforesaid, all and singular -the Enactments of the said Engraving Copyright Acts and the said -Sculpture Copyright Acts, or of any other Act for the Time being in -force with relation to the Copyright in Prints or Articles of Sculpture first -published in this Country, and of any Act for the Time being in force -with relation to the Copyright in any similar Works of Art first published in -this Country, shall, from and after the Time so to be specified in that -Behalf in such Order, and subject to such Limitation as to the Duration -of the Copyright as shall be therein contained respectively, apply to and -be in force in respect of the Prints, Articles of Sculpture, and other -Works of Art to which such Order shall extend, and which shall have been -registered as hereinafter is provided, in such and the same Manner as if -such Articles and other Works of Art were first published in the United -Kingdom, save and except such of the said Enactments or such Parts -thereof as shall be excepted in such Order.</p> - -<div class="sidenote">Her Majesty may, by Order in Council, direct -that Authors and Composers of Dramatic Pieces and Musical Compositions -first publicly represented and performed in Foreign Countries shall -have similar Rights in the British Dominions.</div> - -<p>V. It shall be lawful for Her Majesty, by any Order of Her Majesty -in Council, to direct that the Authors of Dramatic Pieces and Musical -Compositions which shall after a future Time, to be specified in such -Order, be first publicly represented or performed in any Foreign Country -to be named in such Order, shall have the sole Liberty of representing or -performing in any Part of the British Dominions such Dramatic Pieces or -Musical Compositions during such Period as shall be defined in such -Order, not exceeding the Period during which Authors of Dramatic -Pieces and Musical Compositions first publicly represented or performed -in the United Kingdom may for the Time be entitled by Law to the sole -Liberty of representing and performing the same; and from and after the -<span class="pagenum" id="Page_333">[333]</span> -Time so specified in any such last-mentioned Order the Enactments of -the said Dramatic Literary Property Act and of the said Copyright Amendment -Act, and of any other Act for the Time being in force with relation -to the Liberty of publicly representing and performing Dramatic Pieces or -Musical Compositions, shall, subject to such Limitation as lo the Duration -of the Right conferred by any such Order as shall be therein contained, -apply to and be in force in respect of the Dramatic Pieces and Musical -Compositions to which such Order shall extend, and which shall have -been registered as hereinafter is provided, in such and the same Manner -as if such Dramatic Pieces and Musical Compositions had been first -publicly represented and performed in the British Dominions, save and -except such of the said Enactments or such Parts thereof as shall be excepted -in such Order.</p> - -<div class="sidenote">Particulars -to be observed -as -to Registry -and to -Delivery -of Copies.</div> - -<p>VI. Provided always, That no Author of any Book, Dramatic Piece -or Musical Composition, or his Executors, Administrators, or Assigns, -and no Inventor, Designer, or Engraver of any Print, or Maker of any -Article of Sculpture, or other Work of Art, his Executors, Administrators, -or Assigns, shall be entitled to the Benefit of this Act, or of any Order in -Council to be issued in pursuance thereof, unless, within a Time or Times -to be in that Behalf prescribed in each such Order in Council, such Book, -Dramatic Piece, Musical Composition, Print, Article of Sculpture, or other -Work of Art, shall have been so registered, and such Copy thereof shall -have been so delivered as hereinafter is mentioned; (that is to say,) as -regards such Book, and also such Dramatic Piece or Musical Composition, -(in the event of the same having been printed,) the Title to the Copy -thereof, the Name and Place of Abode of the Author or Composer thereof, -the Name and Place of Abode of the Proprietor of the Copyright thereof, -the Time and Place of the first Publication, Representation, or Performance -thereof, as the Case may be, in the Foreign Country named in -the Order in Council under which the Benefits of this Act shall be claimed, -shall be entered in the Register Book of the Company of Stationers in -London, and One printed Copy of the whole of such Book, and of such -Dramatic Piece or Musical Composition, in the event of the same having -been printed, and of every Volume thereof, upon the best Paper upon -which the largest Number or Impression of the Book, Dramatic Piece, or -Musical Composition shall have been printed for Sale, together with all -Maps and Prints relating thereto, shall be delivered to the Officer of the -Company of Stationers at the Hall of the said Company; and as regards -Dramatic Pieces and Musical Compositions in Manuscript, the Title to -the same, the Name and Place of Abode of the Author or Composer -thereof, the Name and Place of Abode of the Proprietor of the Right -of representing or performing the same, and the Time and Place of the -first Representation or Performance thereof in the Country named in the -Order in Council under which the Benefit of the Act shall be claimed, -shall be entered in the said Register Book of the said Company of -Stationers in London; and as regards Prints, the Title thereof, the Name -and Place of Abode of the Inventor, Designer, or Engraver thereof, the -Name of the Proprietor of the Copyright therein, and the Time and Place -of the first Publication thereof in the Foreign Country named in the -Order in Council under which the Benefits of the Act shall be claimed, -shall be entered in the said Register Book of the said Company of -<span class="pagenum" id="Page_334">[334]</span> -Stationers in London, and a Copy of such Print, upon the best Paper -upon which the largest Number or Impressions of the Print shall have -been printed for Sale, shall be delivered to the Officer of the Company of -Stationers at the Hall of the said Company; and as regards any such -Article of Sculpture, or any such other Work of Art as aforesaid, a -descriptive Title thereof, the Name and Place of Abode of the Maker -thereof, the Name of the Proprietor of the Copyright therein, and the -Time and Place of its first Publication in the Foreign Country named in -the Order in Council under which the Benefit of this Act shall be claimed, -shall be entered in the said Register Book of the said Company of -Stationers in London; and the Officer of the said Company of Stationers -receiving such Copies so to be delivered as aforesaid shall give a Receipt -in Writing for the same, and such Delivery shall to all Intents and Purposes -be a sufficient Delivery under the Provisions of this Act.</p> - -<div class="sidenote">In case of -Books published -anonymously, -the Name -of the Publisher -to be -sufficient.</div> - -<p>VII. Provided always, That if a Book be published anonymously it -shall be sufficient to insert in the Entry thereof in such Register Book the -Name and Place of Abode of the first Publisher thereof, instead of the -Name and Place of Abode of the Author thereof, together with a Declaration -that such Entry is made either on behalf of the Author or on behalf -of such first Publisher, as the Case may require.</p> - -<div class="sidenote">The Provisions -of the -Copyright -Amendment -Act -as regards -Entries in -the Register -Book of -the Company -of -Stationers, -&c., to -apply to -Entries -under this -Act.</div> - -<p>VIII. And be it enacted, That the several Enactments in the said -Copyright Amendment Act contained with relation to keeping the said -Register Book, and the Inspection thereof, the Searches therein, and the -Delivery of certified and stamped Copies thereof, the Reception of such -Copies in Evidence, the making of false Entries in the said Book, and -the Production in Evidence of Papers falsely purporting to be Copies of -Entries in the said Book, the Applications to the Courts and Judges by -Persons aggrieved by Entries in the said Book, and the expunging and -varying such Entries, shall apply to the Books, Dramatic Pieces, and -Musical Compositions, Prints, Articles of Sculpture, and other Works of -Art, to which any Order in Council issued in pursuance of this Act shall -extend, and to the Entries and Assignments of Copyright and Proprietorship -therein, in such and the same Manner as if such Enactments were -here expressly enacted in relation thereto, save and except that the Forms -of Entry prescribed by the said Copyright Amendment Act may be varied -to meet the Circumstances of the Case, and that the Sum to be demanded -by the Officer of the said Company of Stationers for making any Entry -required by this Act shall be One Shilling only.</p> - -<div class="sidenote">As to expunging -or -varying -Entry -grounded -in wrongful -first Publication.</div> - -<p>IX. Every Entry made in pursuance of this Act of a first Publication -shall be <i>primâ facie</i> Proof of a rightful first Publication; but if there be a -wrongful first Publication, and any Party have availed himself thereof to -obtain an Entry of a spurious Work, no Order for expunging or varying -such Entry shall be made unless it be proved to the Satisfaction of the -Court or of the Judge taking cognizance of the Application for expunging -or varying such Entry, first, with respect to a wrongful Publication in a -Country to which the Author or first Publisher does not belong, and in -regard to which there does not subsist with this Country any Treaty of -International Copyright, that the Party making the Application was the -Author or first Publisher, as the Case requires; second, with respect to a -<span class="pagenum" id="Page_335">[335]</span> -wrongful first Publication either in the Country where a rightful first -Publication has taken place, or in regard to which there subsists with this -Country a Treaty of International Copyright, that a Court of competent -Jurisdiction in any such country where such wrongful first Publication has -taken place has given Judgment in favour of the Right of the Party claiming -to be the Author or first Publisher.</p> - -<div class="sidenote">Copies of -Books -wherein -Copyright -is subsisting -under -this Act -printed in -Foreign -Countries -other than -those -wherein -the Book -was first -published -prohibited -to be imported.</div> - -<p>X. All Copies of Books wherein there shall be any subsisting Copyright -under or by virtue of this Act, or of any Order in Council made in -pursuance thereof, printed or reprinted in any Foreign Country except -that in which such Books were first published, shall be and the same are -hereby absolutely prohibited to be imported into any Part of the British -Dominions, except by or with the Consent of the registered Proprietor of -the Copyright thereof, or his Agent authorised in Writing, and if imported -contrary to this Prohibition the same and the Importers thereof shall be -subject to the Enactments in force relating to Goods prohibited to be imported -by any Act relating to the Customs; and as respects any such -Copies so prohibited to be imported, and also as respects any Copies -unlawfully printed in any Place whatsoever of any Books wherein there -shall be any such subsisting Copyright as aforesaid, any Person who shall -in any Part of the British Dominions import such prohibited or unlawfully -printed Copies, or who, knowing such Copies to be so unlawfully imported -or unlawfully printed, shall sell, publish, or expose to sale or hire, or shall -cause to be sold, published, or exposed to sale or hire, or have in his -Possession for sale or hire, any such Copies so unlawfully imported or -unlawfully printed, such Offender shall be liable to a special Action on -the Case at the Suit of the Proprietor of such Copyright, to be brought -and prosecuted in the same Courts and in the same Manner, and with the -like Restrictions upon the Proceedings of the Defendant, as are respectively -prescribed in the said Copyright Amendment Act with relation to Actions -thereby authorised to be brought by Proprietors of Copyright against -Persons importing or selling Books unlawfully printed in the British -Dominions.</p> - -<div class="sidenote">Officer of -Stationers' -Company -to deposit -Books, &c., -in the -British -Museum.</div> - -<p>XI. The said Officer of the said Company of Stationers shall receive -at the Hall of the said Company every Book, Volume, or Print so to be -delivered as aforesaid, and within One Calendar Month after receiving -such Book, Volume, or Print shall deposit the same in the Library of the -British Museum.</p> - -<div class="sidenote">Second or -subsequent -Editions.</div> - -<p>XII. Provided always, That it shall not be requisite to deliver to the -said Officer of the said Stationers' Company any printed Copy of the -Second or of any subsequent Edition of any Book or Books so delivered -as aforesaid, unless the same shall contain Additions or Alterations.</p> - -<div class="sidenote">Orders in -Council -may specify -different -Periods for -different -Foreign -Countries -and for -different -Classes of -Works.</div> - -<p>XIII. The respective Terms to be specified by such Orders in Council -respectively for the Continuance of the Privilege to be granted in respect -of Works to be first published in Foreign Countries may be different for -Works first published in different Foreign Countries and for different -Classes of such Works; and the Times to be prescribed for the Entries -to be made in the Register Book of the Stationers' Company, and for the -Deliveries of the Books and other Articles to the said Officer of the -<span class="pagenum" id="Page_336">[336]</span> -Stationers' Company, as hereinbefore is mentioned, may be different for -different Foreign Countries and for different Classes of Books or other -Articles.</p> - -<div class="sidenote">No Order -in Council -to have any -Effect -unless it -states that -reciprocal -Protection -is secured.</div> - -<p>XIV. <i>Provided always, That no such Order in Council shall have any -Effect unless it shall be therein stated, as the Ground for issuing the same, -that due Protection has been secured by the Foreign Power so named in such -Order in Council for the Benefit of Parties interested in Works first published -in the Dominions of Her Majesty similar to those comprised in such -Order.</i><a id="FNanchor_1739" href="#Footnote_1739" class="fnanchor">[1739]</a></p> - -<div class="sidenote">Orders in -Council to -be published -in -Gazette, -and to have -same Effect -as this Act.</div> - -<p>XV. Every Order in Council to be made under the Authority of this -Act shall as soon as may be after the making thereof by Her Majesty in -Council be published in the London Gazette, and from the Time of such -Publication shall have the same Effect as if every Part thereof were included -in this Act.</p> - -<div class="sidenote">Orders in -Council to -be laid before -Parliament.</div> - -<p>XVI. A Copy of every Order of Her Majesty in Council made under -this Act shall be laid before both Houses of Parliament within Six Weeks -after issuing the same, if Parliament be then sitting, and if not, then -within Six Weeks after the commencement of the then next Session of -Parliament.</p> - -<div class="sidenote">Orders in -Council -may be -revoked.</div> - -<p>XVII. <i>It shall be lawful for Her Majesty by an Order in Council from -Time to Time to revoke or alter any Order in Council previously made -under the Authority of this Act, but nevertheless without Prejudice to any -Rights acquired previously to such Revocation or Alteration.</i><a id="FNanchor_1740" href="#Footnote_1740" class="fnanchor">[1740]</a></p> - -<div class="sidenote">Translations.</div> - -<p>XVIII. <i>Provided always, That nothing in this Act contained shall be -construed to prevent the printing, Publication, or Sale of any Translation of -any Book the Author whereof and his Assigns may be entitled to the Benefit -of this Act.</i><a id="FNanchor_1741" href="#Footnote_1741" class="fnanchor">[1741]</a></p> - -<div class="sidenote">Authors of -Works first -published -in Foreign -Countries -not entitled -to -Copyright -except -under this -Act.</div> - -<p>XIX.<a id="FNanchor_1742" href="#Footnote_1742" class="fnanchor">[1742]</a> Neither the Author of any Book, nor the Author or Composer -of any Dramatic Piece or Musical Composition, nor the Inventor, Designer, -or Engraver of any Print, nor the Maker of any Article of Sculpture, -or of such other Work of Art as aforesaid, which shall after the passing of -this Act be first published out of Her Majesty's Dominions, shall have -any Copyright therein respectively, or any exclusive Right to the public -Representation or Performance thereof, otherwise than such (if any) as he -may become entitled to under this Act.</p> - -<div class="sidenote">Interpretation -Clause.</div> - -<p>XX. In the Construction of this Act the Word "Book" shall be -construed to include "Volume," "Pamphlet," "Sheet of Letterpress," -"Sheet of Music," "Map," "Chart," or "Plan;" and the Expression -"Articles of Sculpture " shall mean all such Sculptures, Models, Copies, -and Casts as are described in the said Sculpture Copyright Acts, and in -respect of which the Privileges of Copyright are thereby conferred; and -the Words "printing" and "reprinting," shall include engraving and any -other Method of multiplying Copies; and the Expressions "Order of -<span class="pagenum" id="Page_337">[337]</span> -Her Majesty in Council," "Order in Council," and " Order," shall respectively -mean Order of Her Majesty acting by and with the Advice of -Her Majesty's Most Honourable Privy Council; and the Expression -"Officer of the Company of Stationers" shall mean the Officer appointed -by the said Company of Stationers for the Purposes of the said Copyright -Amendment Act; and in describing any Persons or Things any Word -importing the Plural Number shall mean also One Person or Thing, and -any Word importing the Singular Number shall include several Persons -or Things, and any Word importing the Masculine shall include also the -Feminine Gender; unless in any of such Cases there shall be something -in the Subject or Context repugnant to such Construction.</p> - -<div class="sidenote">Act may be -repealed -this Session.</div> - -<p>XXI. <i>This Act may be amended or repealed by any Act to be passed in -this present Session of Parliament.</i><a id="FNanchor_1743" href="#Footnote_1743" class="fnanchor">[1743]</a></p> - -<h3>THE COLONIAL COPYRIGHT ACT, 1847.<a id="FNanchor_1744" href="#Footnote_1744" class="fnanchor">[1744]</a><br /> - -<span class="smcap">10 & 11 Vict. c. 95.</span></h3> - -<p class="hang">An Act to amend the Law relating to the Protection in the Colonies of -Works entitled to Copyright in the United Kingdom.</p> - -<p class="author">[22nd July 1847.]</p> - -<div class="sidenote">5 & 6 Vict. -c. 45.</div> - -<div class="sidenote">8 & 9 Vict. -c. 93.</div> - -<div class="sidenote">Her Majesty -may -suspend -in certain -Cases the -Prohibitions -against the -Admission -of pirated -Books into -the Colonies -in -certain -Cases.</div> - -<p>I. <i>Whereas by an Act passed in the Session of Parliament holden in the -Fifth and Sixth Years of Her present Majesty, intituled An Act to amend -the Law of Copyright, it is amongst other things enacted, that it shall not be -lawful for any Person not being the Proprietor of the Copyright, or some -Person authorised by him, to import into any Part of the United Kingdom, -or into any other Part of the British Dominions, for Sale or Hire, any -printed Book first composed or written or printed or published in any Part -of the United Kingdom wherein there shall be Copyright, and reprinted in -any Country or Place whatsoever out of the British Dominions: And -whereas by an Act passed in the Session of Parliament holden in the Eighth -and Ninth Years of the Reign of Her present Majesty, intituled An Act to -regulate the Trade of the British Possessions abroad, Books wherein the -Copyright is subsisting, first composed or written or printed in the United -Kingdom, and printed or reprinted in any other Country, are absolutely -prohibited to be imported into the British Possessions abroad: And whereas -by the said last-recited Act it is enacted, that all Laws, Bye-Laws, Usages, -or Customs in practice, or endeavoured or pretended to be in force or practice -in any of the British Possessions in America, which are in anywise repugnant -to the said Act or to any Act of Parliament made or to be made in the -United Kingdom, so far as such Act shall relate to and mention the said -Possessions, are and shall be null and void to all Intents and Purposes -whatsoever:</i><a id="FNanchor_1745" href="#Footnote_1745" class="fnanchor">[1745]</a> In case the Legislature or proper legislative Authorities in -any British Possession shall be disposed to make due Provision for -securing or protecting the Rights of British Authors in such Possession, -and shall pass an Act or make an Ordinance for that Purpose, and shall -<span class="pagenum" id="Page_338">[338]</span> -transmit the same in the proper Manner to the Secretary of State, in -order that it may be submitted to Her Majesty, and in case Her Majesty -shall be of opinion that such Act or Ordinance is sufficient for the Purpose -of securing to British Authors reasonable Protection within such Possession, -it shall be lawful for Her Majesty, if She think fit so to do, to -express Her Royal Approval of such Act or Ordinance, and thereupon to -issue an Order in Council declaring that so long as the Provisions of -such Act or Ordinance continue in force within such Colony the Prohibitions -contained in the aforesaid Acts, and hereinbefore recited, and any -Prohibitions contained in the said Acts or in any other Acts against -the importing, selling, letting out to hire, exposing for Sale or Hire, or -possessing Foreign Reprints of Books first composed, written, printed, or -published in the United Kingdom, and entitled to Copyright therein, -shall be suspended so far as regards such Colony; and thereupon such -Act or Ordinance shall come into operation, except so far as may be -otherwise provided therein, or as may be otherwise directed by such Order -in Council, any thing in the said last-recited Act or in any other Act to -the contrary notwithstanding.</p> - -<div class="sidenote">Orders in -Council to -be published -in -Gazette. -Orders in -Council -and the -Colonial -Acts or -Ordinances -to be laid -before Parliament. -Act may be -amended, -&c.</div> - -<p>II. Every such Order in Council shall, within One Week after the -issuing thereof, be published in the <i>London Gazette</i>, and a Copy thereof, -and of every such Colonial Act or Ordinance so approved as aforesaid -by Her Majesty, shall be laid before both Houses of Parliament within -Six Weeks after the issuing of such Order, if Parliament be then sitting, -or if Parliament be not then sitting, then within Six Weeks after the -opening of the next Session of Parliament.</p> - -<p>III. <i>And be it enacted, This Act may be amended or repealed by any -Act to be passed in the present Session of Parliament</i>.<a id="FNanchor_1746" href="#Footnote_1746" class="fnanchor">[1746]</a></p> - -<h3>COPYRIGHT IN DESIGNS ACT, 1850.<br /> - -<span class="smcap">13 & 14 Vict. c. 104.</span></h3> - -<p class="hang">An Act to extend and amend the Acts relating to the Copyright of -Designs. </p> - -<p class="author">[14th August 1850.]</p> - -<div class="sidenote">Registration -of -Sculpture, -Models, -&c.</div> - -<p>VI. <i>The Registrar of Designs, upon Application by or on behalf of the -Proprietor of any Sculpture, Model, Copy, or Cast within the Protection -of the Sculpture Copyright Acts, and upon being furnished with such Copy, -Drawing, Print, or Description, in Writing or in Print, as in the Judgment -of the said Registrar shall be sufficient to identify the particular -Sculpture, Model, Copy, or Cast in respect of which Registration is desired, -and the Name of the Person claiming to be Proprietor, together with his -Place of Abode or Business or other Place of Address, or the Name, Style, -or Title of the Firm under which he may be trading, shall register such -Sculpture, Model, Copy, or Cast in such Manner and Form as shall from -Time to Time be prescribed or approved by the Board of Trade for the whole -or any Part of the Term during which Copyright in such Sculpture, Model,<span class="pagenum" id="Page_339">[339]</span> -Copy, or Cast may or shall exist under the Sculpture Copyright Acts; and -whenever any such Registration shall be made, the said Registrar shall -certify under his Hand and Seal of Office, in such Form as the said Board -shall direct or approve, the Fact of such Registration, and the Date of the -same, and the Name of the registered Proprietor, or the Style or Title of -the Firm under which such Proprietor may be trading, together with his -Place of Abode or Business or other Place of Address.</i><a id="FNanchor_1747" href="#Footnote_1747" class="fnanchor">[1747]</a></p> - -<div class="sidenote">Benefits -conferred -by Registration -of -Sculpture, -&c.</div> - -<p>VII. <i>If any Person shall, during the Continuance of the Copyright in -any Sculpture, Model, Copy, or Cast which shall have been so registered as -aforesaid, make, import, or cause to be made, imported, exposed for Sale, or -otherwise disposed of, any pirated Copy or pirated Cast of any such Sculpture, -Model, Copy, or Cast, in such Manner and under such Circumstances as -would entitle the Proprietor to a special Action on the case under the -Sculpture Copyright Acts, the Person so offending shall forfeit for every such -Offence a Sum not less than Five Pounds and not exceeding Thirty Pounds -to the Proprietor of the Sculpture, Model, Copy, or Cast whereof the Copyright -shall have been infringed; and for the Recovery of any such Penalty -the Proprietor of the Sculpture, Model, Copy, or Cast which shall have -been so pirated shall have and be entitled to the same Remedies as are -provided for the Recovery of Penalties incurred under the Designs Act, 1842: -Provided always, that the Proprietor of any Sculpture, Model, Copy, or Cast -which shall be registered under this Act shall not be entitled to the Benefit -of this Act, unless every Copy or Cast of such Sculpture, Model, Copy, or -Cast which shall be published by him after such Registration shall be marked -with the Word "registered" and with the Date of Registration</i>.<a id="FNanchor_1748" href="#Footnote_1748" class="fnanchor">[1748]</a></p> - -<h3>THE INTERNATIONAL COPYRIGHT ACT, 1852.<br /> - -<span class="smcap">15 & 16 Vict. c. 12.</span></h3> - -<p class="hang">An Act <i>to enable Her Majesty to carry into effect a Convention with France -on the subject of Copyright</i>; to extend and explain the International -Copyright Acts: and to explain the Acts relating to Copyright in -Engravings.</p> - -<p class="author">[28th May 1852.]</p> - -<p>Whereas an Act was passed in the Seventh Year of the Reign of -Her present Majesty, intituled An Act to amend the Law relating to International -Copyright, hereinafter called "The International Copyright Act": -And whereas a Convention has lately been concluded between Her -Majesty and the French Republic, for extending in each Country the -Enjoyment of Copyright in Works of Literature and the Fine Arts first -published in the other, and for certain Reductions of Duties now levied -on Books, Prints, and Musical Works published in France: And whereas -certain of the Stipulations on the Part of Her Majesty contained in the -said Treaty require the Authority of Parliament: And whereas it is -expedient that such Authority should be given, and that Her Majesty -should be enabled to make similar Stipulations in any Treaty on the -<span class="pagenum" id="Page_340">[340]</span> -Subject of Copyright which may hereafter be concluded with any Foreign -Power: Be it enacted as follows:</p> - -<p>I. <i>The 18th Section of 7 Vict. c. 12 shall be repealed so far as the same -is inconsistent with the provisions hereinafter contained.</i></p> - -<p>II. <i>Her Majesty may by Order in Council<a id="FNanchor_1749" href="#Footnote_1749" class="fnanchor">[1749]</a> direct that the Authors of -Books which are after a future Time to be specified in such Order, published -in any foreign Country to be named in such Order, their Executors, Administrators, -and Assigns, shall, subject to the Provisions hereinafter contained -or referred to, be empowered to prevent the Publication in the British -Dominions of any Translations of such Books not authorised by them, for -such Time as may be specified in such Order, not extending beyond the -Expiration of five Years from the Time at which the authorised Translations -of such Books hereinafter mentioned are respectively first published, and -in the case of Books published in Parts not extending as to each Part beyond -the Expiration of Five Years from the Time at which the authorised Translation -of such Part is first published.</i></p> - -<p>III. <i>Subject to any Provisions or Qualifications contained in such Order -and to the provisions herein contained or referred to, the Laws and Enactments -for the Time being in force for the purpose of preventing the Infringement -of Copyright in Books published in the British Dominions, shall be -applied for the Purpose of preventing the publication of Translations of the -Books to which such Order extends which are not sanctioned by the Authors -of such Books, except only such Parts of the said Enactments as relate to the -Delivery of Copies of Books for the Use of the British Museum and for the -Use of the other Libraries therein referred to.</i></p> - -<p>IV. <i>Her Majesty may by Order in Council direct that Authors of -Dramatic Pieces which are after a future Time to be specified in such Order, -first publicly represented in any Foreign Country, to be named in such Order, -their Executors, Administrators, and Assigns, shall, subject to the Provisions -hereinafter mentioned or referred to, be empowered to prevent the Representation -in the British Dominions of any Translation of such Dramatic Pieces -not authorised by them, for such Time as may be specified in such Order, not -extending beyond the Expiration of Five Years from the Time at which the -Authorised Translations of such Dramatic Pieces hereinafter mentioned are -first published or publicly represented.</i></p> - -<p>V. <i>Subject to any Provisions or Qualifications contained in such last-mentioned -Order and to the Provisions hereinafter contained or referred to, -the Laws and Enactments for the Time being in force for ensuring to the -Author of any Dramatic Piece first publicly represented in the British -Dominions, the sole Liberty of representing the same shall be applied for the -Purpose of preventing the Representation of any Translations of the Dramatic -Pieces to which such last-mentioned Order extends, which are not -sanctioned by the Authors thereof.</i><a id="FNanchor_1750" href="#Footnote_1750" class="fnanchor">[1750]</a> -<span class="pagenum" id="Page_341">[341]</span></p> - -<p>VI. Nothing herein contained shall be so construed as to prevent -fair Imitations or Adaptations to the English Stage of any Dramatic -Piece or Musical Composition published in any Foreign Country.</p> - -<p>VII. Notwithstanding any thing in the said International Copyright -Act or in this Act contained any Article of Political Discussion which has -been published in any Newspaper or Periodical in a Foreign Country -may, if the source from which the same is taken be acknowledged, be -republished or translated in any Newspaper or Periodical in this Country: -and any Article relating to any other Subject which has been so published -as aforesaid may, if the source from which the same is taken be acknowledged, -be republished or translated in like Manner, unless the Author -has signified his Intention of preserving the Copyright therein and the -Right of Translating the same in some conspicuous Part of the Newspaper -or Periodical in which the same was first published, in which case the -same shall without the Formalities required by the next following Section, -receive the same Protection as is by virtue of the International Copyright -Act or this Act extended to Books.</p> - -<p>VIII. <i>No Author, or his Executors, Administrators, or Assigns shall be -entitled to the Benefit of this Act, or of any Order in Council issued in -pursuance thereof, in respect of the Translation of any Book or Dramatic -Piece, if the following Requisitions are not complied with</i>; (<i>that is to say</i>)</p> - -<p>1. <i>The original Work from which the Translation is to be made must be -registered and a Copy thereof deposited in the United Kingdom in the -manner required for Original Works by the said International Copyright -Act within Three Calendar Months of its First Publication in the Foreign -Country:</i></p> - -<p>2. <i>The Author must notify on the Title Page of the original Work, or -if it is published in Parts on the Title Page of the first Part, or if there is -no Title Page on some conspicuous Part of the Work, that it is his Intention -to reserve the Right of Translating it:</i></p> - -<p>3. <i>The Translation sanctioned by the Author, or a Part thereof, must be -published either in the country mentioned in the Order in Council, by virtue -of which it is to be protected, or in the British Dominions, not later than -One Year after the Registration and Deposit in the United Kingdom of the -original Work, and the whole of such Translation must be published within -Three Years of such Registration and Deposit:</i></p> - -<p>4. <i>Such Translation must be registered, and a Copy thereof deposited in -the United Kingdom within a Time to be mentioned in that Behalf in the -Order by which it is protected, and in the Manner provided by the said -International Copyright Act for the Registration and Deposit of Original -Works:</i></p> - -<p>5. <i>In the Case of Books published in Parts each Part of the original -Work must be registered and deposited in this Country in the Manner required -by the said International Copyright Act within Three Months after -the first Publication thereof in the Foreign Country:</i></p> - -<p>6. <i>In the Case of Dramatic Pieces the Translation sanctioned by the -Author must be published within Three Calendar Months of the Registration -of the Original Work:</i> -<span class="pagenum" id="Page_342">[342]</span></p> - -<p>7. <i>The above Requisitions shall apply to Articles originally published in -Newspapers or Periodicals, if the same be afterwards published in separate -form, but shall not apply to such Articles as originally published.</i><a id="FNanchor_1751" href="#Footnote_1751" class="fnanchor">[1751]</a></p> - -<p>IX. All Copies of any Works of Literature or Art wherein there is -any subsisting Copyright by virtue of the International Copyright Act and -this Act, or of any Order in Council made in pursuance of such Acts or -either of them, and which are printed, reprinted, or made in any Foreign -Country, except that in which such Work shall be first published, and all -unauthorised Translations of any Book or Dramatic Piece, the Publication -or public Representation in the British Dominions of Translations -whereof not authorised as in this Act mentioned shall for the Time being -be prevented under any Order in Council made in pursuance of this Act, -are hereby absolutely prohibited to be imported into any Part of the -British Dominions, except by, or with the Consent of the registered Proprietor -of the Copyright 6f such Work or of such Book or Piece, or his -Agent authorised in Writing; and the Provision of 5 & 6 Vict. c. 45, for -the Forfeiture, Seizure, and Destruction of any printed Book first published -in the United Kingdom wherein there shall be Copyright, and reprinted -in any Country out of the British Dominions, and imported into any Part -of the British Dominions by any Person not being the Proprietor of the -Copyright, or a Person authorised by such Proprietor, shall extend and be -applicable to all Copies of any Works of Literature and Art, and to all -Translations, the Importation whereof into any Part of the British -Dominions is prohibited under this Act.</p> - -<p>X. The Provisions hereinbefore contained shall be incorporated with -the International Copyright Act, and shall be read and construed therewith -as One Act.</p> - -<p>XI. [<i>Clause dispensing with a further Order in Council in respect of -the Convention with France</i>, Rep. Int. Cop. Act, 1886, sec. 12].</p> - -<p>XII., XIII. [<i>Clauses dealing with Duties on imported Works</i>, Rep. -Stat. Law Rev. Act, 1875].</p> - -<p>XIV. And Whereas by the Four several Acts of Parliament following; -(that is to say) 8 Geo. II. c. 13; 7 Geo. III. c. 38; 17 Geo. III. c. 57; -6 & 7 Will. IV. c. 59, Provision is made for securing to every Person who -invents or designs, engraves, etches, or works in Mezzotinto or Chiaro -oscuro, or, from his own Work, Design, or Invention, causes or procures -to be designed, engraved, etched, or worked in Mezzotinto or Chiaro -oscuro 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, and to every Person who engraves, -etches, or works in Mezzotinto or Chiaro oscuro, or causes to be engraved, -etched, or worked, any Print taken from any Picture, Drawing, Model, or -Sculpture, notwithstanding such Print has not been graven or drawn from -his own original Design, certain Copyrights therein defined: And whereas -doubts are entertained whether the Provisions of the said Acts extend to -<span class="pagenum" id="Page_343">[343]</span> -Lithographs and certain other Impressions, and it is expedient to remove -such Doubts:</p> - -<p>It is hereby declared, That the Provisions of the said Acts are intended -to include Prints taken by Lithography, or any other Mechanical -Process by which Prints or Impressions of Drawings or Designs are capable -of being multiplied indefinitely, and the said Acts shall be construed -accordingly.</p> - -<h3>THE FINE ARTS COPYRIGHT ACT, 1862.<br /> - -<span class="smcap">25 & 26 Vict. c. 68.</span></h3> - -<p class="hang">An Act for amending the Law relating to Copyright in Works of the Fine -Arts, and for repressing the Commission of Fraud in the Production -and Sale of such Works.</p> - -<p class="author">[29th July 1862.]</p> - -<p>Whereas by Law, as now established, the Authors of Paintings, -Drawings, and Photographs have no Copyright in such their Works, and -it is expedient that the Law should in that respect be amended:</p> - -<div class="sidenote">Copyright -in Works -hereafter -made or -sold to -vest in the -Author for -his Life and -for Seven -Years after -his Death.</div> - -<p>I. The Author, being a British Subject or resident<a id="FNanchor_1752" href="#Footnote_1752" class="fnanchor">[1752]</a> within the Dominions -of the Crown, of every original Painting, Drawing, and Photograph<a id="FNanchor_1753" href="#Footnote_1753" class="fnanchor">[1753]</a> -which shall be or shall have been made either in the British Dominions -or elsewhere, and which shall not have been sold or disposed of before -the Commencement of this Act, and his Assigns, shall have the sole and -exclusive Right of copying, engraving, reproducing, and multiplying such -Painting or Drawing, and the Design thereof,<a id="FNanchor_1754" href="#Footnote_1754" class="fnanchor">[1754]</a> or such Photograph, and -the Negative thereof, by any Means and of any Size, for the Term of the -natural Life of such Author, and Seven Years after his Death; provided -that when any Painting or Drawing, or the Negative of any Photograph, -shall for the First Time after the passing of this Act be sold or disposed -of,<a id="FNanchor_1755" href="#Footnote_1755" class="fnanchor">[1755]</a> or shall be made or executed for or on behalf of any other Person for -a good or a valuable Consideration,<a id="FNanchor_1756" href="#Footnote_1756" class="fnanchor">[1756]</a> the Person so selling or disposing of -or making or executing the same shall not retain the Copyright thereof, -unless it be expressly reserved to him by Agreement in Writing, signed, at -or before the Time of such Sale or Disposition, by the Vendee or -Assignee of such Painting or Drawing, or of such Negative of a Photograph, -or by the Person for or on whose Behalf the same shall be so made -or executed, but the Copyright shall belong to the Vendee or Assignee oi -such Painting or Drawing, or of such Negative of a Photograph, or to the -Person for or on whose Behalf the same shall have been made -or executed; nor shall the Vendee or Assignee thereof be entitled to any -such Copyright, unless, at or before the Time of such Sale or Disposition, -an Agreement in Writing, signed by the Person so selling or disposing of -the same, or by his Agent duly authorised, shall have been made to that -Effect.</p> - -<div class="sidenote">Copyright -not to prevent -the -Representation -of -the same -Subjects in -other -Works. -Assignments, -Licences, -&c., to be -in Writing.</div> - -<p>II. Nothing herein contained shall prejudice the Right of any Person -to copy or use any Work in which there shall be no Copyright, or to -represent any Scene or Object, notwithstanding that there may be Copyright -in some Representation of such Scene or Object.<span class="pagenum" id="Page_344">[344]</span> -</p> -<p>III. All Copyright under this Act shall be deemed Personal or Movable -Estate, and shall be assignable at Law, and every Assignment -thereof, and every License to use or copy by any Means or Process the -Design or Work which shall be the subject of such Copyright, shall -be made by some Note or Memorandum in Writing, to be signed by the -Proprietor of the Copyright, or by his Agent appointed for that Purpose -in Writing.</p> - -<div class="sidenote">Register of -Proprietors -of Copyright -in -Paintings, -Drawings, -and Photographs -to -be kept at -Stationers' -Hall as in -5 & 6 Vict. -c. 45.</div> - -<p>IV.<a id="FNanchor_1757" href="#Footnote_1757" class="fnanchor">[1757]</a> There shall be kept at the Hall of the Stationers' Company by the -Officer appointed by the said Company for the Purposes of the Act passed -in the Sixth Year of Her present Majesty, intituled An Act to amend the -Law of Copyright, a Book or Books, entitled "The Register of Proprietors -of Copyright in Paintings, Drawings, and Photographs," wherein shall be -entered a Memorandum of every Copyright to which any Person shall be -entitled under this Act, and also of every subsequent Assignment of any -such Copyright; and such Memorandum shall contain a Statement of the -Date of such Agreement or Assignment, and of the Names of the Parties -thereto, and of the Name and Place of Abode of the Person in whom such -Copyright shall be vested by virtue thereof, and of the Name and Place of -Abode of the Author of the Work in which there shall be such Copyright, -together with a short Description of the Nature and Subject of such Work, -and in addition thereto, if the Person registering shall so desire, a Sketch, -Outline, or Photograph of the said Work, and no Proprietor of any such -Copyright shall be entitled to the Benefit of this Act until such Registration, -and no Action shall be sustainable nor any Penalty be recoverable in -respect of anything done before Registration.</p> - -<div class="sidenote">Certain -Enactments -of -5 & 6 Vict. -c. 45 to -apply to -the Books -to be kept -under this -Act.</div> - -<p>V. The several Enactments in the said Act of the Sixth Year of Her -present Majesty contained, with relation to keeping the Register Book -thereby required, and the Inspection thereof, the Searches therein and the -Delivery of certified and stamped Copies thereof, the Reception of such -Copies in Evidence, the making of false Entries in the said Book, and the -Production in Evidence of Papers falsely purporting to be Copies of -Entries in the said Book, the Application to the Courts and Judges by -Persons aggrieved by Entries in the said Book, and the expunging and -varying such Entries shall apply to the Book or Books to be kept by -virtue of this Act, and to the Entries and Assignments of Copyright and -Proprietorship therein under this Act, in such and the same Manner as if -such Enactments were here expressly enacted in relation thereto, save and -except that the Forms of Entry prescribed by the said Act of the Sixth -Year of Her present Majesty may be varied to meet the Circumstances of -the Case, and that the Sum to be demanded by the Officer of the said -Company of Stationers for making any Entry required by this Act shall be -One Shilling only.</p> - -<div class="sidenote">Penalties -on Infringement -of -Copyright.</div> - -<p>VI. If the Author of any Painting, Drawing, or Photograph in which -there shall be subsisting Copyright, after having sold or disposed of such -Copyright, or if any other Person, not being the Proprietor for the Time -being of Copyright in any Painting, Drawing, or Photograph, shall, without -the Consent of such Proprietor, repeat, copy, colourably imitate, or -<span class="pagenum" id="Page_345">[345]</span> -otherwise multiply for Sale, Hire, Exhibition, or Distribution, or cause or -procure to be repeated, copied, colourably imitated, or otherwise multiplied -for Sale, Hire, Exhibition, or Distribution, any such Work or the -Design thereof, or, knowing that any such Repetition, Copy, or other -Imitation has been unlawfully made,<a id="FNanchor_1758" href="#Footnote_1758" class="fnanchor">[1758]</a> shall import into any Part of the -United Kingdom, or sell, publish, let to Hire, exhibit, or distribute, or -offer for Sale, Hire, Exhibition, or Distribution, or cause or procure to be -imported, sold, published, let to Hire, distributed, or offered for Sale, -Hire, Exhibition, or Distribution, any Repetition, Copy, or Imitation of -the said Work, or of the Design thereof, made without such Consent as -aforesaid, such Person for every such Offence<a id="FNanchor_1759" href="#Footnote_1759" class="fnanchor">[1759]</a> shall forfeit to the -Proprietor of the Copyright for the Time being a Sum not exceeding Ten -Pounds<a id="FNanchor_1760" href="#Footnote_1760" class="fnanchor">[1760]</a>; and all such Repetitions, Copies, and Imitations made without -such Consent as aforesaid, and all Negatives of Photographs made for the -Purpose of obtaining such Copies, shall be forfeited to the Proprietor of -the Copyright.</p> - -<div class="sidenote">Penalties -on fraudulent -Productions -and Sales.</div> - -<p>VII. No Person shall do or cause to be done any or either of the -following Acts; that is to say:</p> - -<blockquote> - -<p class="hang">First, no Person shall fraudulently sign or otherwise affix, or fraudulently -cause to be signed or otherwise affixed, to or upon any -Painting, Drawing, or Photograph, or the Negative thereof, any -Name, Initials, or Monogram:</p> - -<p class="hang">Secondly, no Person shall fraudulently sell, publish, exhibit, or dispose -of, or offer for Sale, Exhibition, or Distribution, any Painting, -Drawing, or Photograph, or Negative of a Photograph, having -thereon the Name, Initials, or Monogram of a Person who did not -execute or make such Work:</p> - -<p class="hang">Thirdly, no Person shall fraudulently utter, dispose of, or put off, or -cause to be uttered or disposed of, any Copy or colourable -Imitation of any Painting, Drawing, or Photograph, or Negative of -a Photograph, whether there shall be subsisting Copyright therein -or not, as having been made or executed by the Author or Maker -of the original Work from which such Copy or Imitation shall have -been taken:</p> - -<p class="hang">Fourthly, where the Author or Maker of any Painting, Drawing, or -Photograph, or Negative of a Photograph, made either before or -after the passing of this Act, shall have sold or otherwise parted -with the Possession of such Work, if any Alteration shall afterwards -be made therein by any other Person, by Addition or -otherwise, no Person shall be at liberty, during the Life of -the Author or Maker of such Work, without his Consent, to -make or knowingly to sell or publish, or offer for Sale, such -Work or any Copies of such Work so altered as aforesaid, or -of any Part thereof, as or for the unaltered Work of such Author -or Maker:</p></blockquote> - -<div class="sidenote">Penalties.</div> - -<p>Every Offender under this Section shall, upon Conviction, forfeit to -the Person aggrieved a Sum not exceeding Ten Pounds, or not exceeding -<span class="pagenum" id="Page_346">[346]</span> -double the full Price, if any, at which all such Copies, Engravings, Imitations, -or altered Works shall have been sold or offered for Sale; and all -such Copies, Engravings, Imitations, or altered Works shall be forfeited -to the Person, or the Assigns or legal Representatives of the Person, -whose Name, Initials, or Monogram shall be so fraudulently signed or -affixed thereto, or to whom such spurious or altered Work shall be so -fraudulently or falsely ascribed as aforesaid: Provided always, that the -Penalties imposed by this Section shall not be incurred unless the Person -whose Name, Initials, or Monogram shall be so fraudulently signed or -affixed, or to whom such spurious or altered Work shall be so fraudulently -or falsely ascribed as aforesaid, shall have been living at or within Twenty -Years next before the Time when the Offence may have been committed.</p> - -<div class="sidenote">Recovery -of pecuniary -Penalties.</div> - -<p>VIII. All pecuniary Penalties which shall be incurred, and all such -unlawful Copies, Imitations, and all other Effects and Things as shall -have been forfeited by Offenders, pursuant to this Act, and pursuant to -any Act for the Protection of Copyright Engravings, may be recovered by -the Person hereinbefore and in any such Act as aforesaid empowered to -recover the same respectively, and hereinafter called the Complainant -or the Complainer, as follows:</p> - -<div class="sidenote">In England -and -Ireland.</div> - -<div class="sidenote">In Scotland.</div> - -<blockquote> - -<p class="hang">In England and Ireland, either by Action against the Party offending, -or by summary Proceeding before any Two Justices having Jurisdiction -where the Party offending resides:</p> - -<p class="hang">In Scotland by Action before the Court of Session in ordinary Form, -or by summary Action before the Sheriff of the County where the -Offence may be committed or the Offender resides, <i>who, upon -Proof of the Offence or Offences, either by Confession of the Party -offending, or by the Oath or Affirmation of One or more credible -Witnesses, shall convict the Offender, and find him liable to the -Penalty or Penalties aforesaid, as also in Expenses, and it shall be -lawful for the Sheriff in pronouncing such Judgment for the Penalty -or Penalties and Costs, to insert in such Judgment a Warrant, -in the event of such Penalty or Penalties and Costs not being paid, to -levy and recover the Amount of the same by Poinding: Provided -always, that it shall be lawful to the Sheriff, in the event of his dismissing -the Action and assoilzieing the Defender, to find the Complainer -liable in Expenses</i>,<a id="FNanchor_1761" href="#Footnote_1761" class="fnanchor">[1761]</a> and any Judgment so to be pronounced -by the Sheriff in such summary Application shall be final and conclusive, -and not subject to Review by <i>Advocation</i>,<a id="FNanchor_1762" href="#Footnote_1762" class="fnanchor">[1762]</a> Suspension, -Reduction, or otherwise.</p></blockquote> - -<div class="sidenote">Superior -Courts of -Record in -which any -Action is -pending -may make -an Order -for an -Injunction, -Inspection, -or Account.</div> - -<p>IX. In any Action in any of Her Majesty's Superior Courts of Record -at Westminster and in Dublin, for the Infringement of any such Copyright -as aforesaid, it shall be lawful for the Court in which such Action -is pending, if the Court be then sitting, or if the Court be not sitting then -for a Judge of such Court, on the Application of the Plaintiff or Defendant -respectively, to make such Order for an Injunction, Inspection, or Account,<span class="pagenum" id="Page_347">[347]</span> -and to give such Direction respecting such Action, Injunction, Inspection, -and Account, and the Proceedings therein respectively, as to such Court -or Judge may seem fit.</p> - -<div class="sidenote">Importation -of -pirated -Works -prohibited.</div> - -<div class="sidenote">Application -in such -Cases of -Customs -Acts.</div> - -<p>X. All Repetitions, Copies, or Imitations of Paintings, Drawings, or -Photographs, wherein or in the Design whereof there shall be subsisting -Copyright under this Act, and all Repetitions, Copies, and Imitations of -the Design of any such Painting or Drawing, or of the Negative of any -such Photograph, which, contrary to the Provisions of this Act, shall -have been made in any Foreign State, or in any Part of the British -Dominions, are hereby absolutely prohibited to be imported into any -Part of the United Kingdom, except by or with the Consent of the -Proprietor of the Copyright thereof, or his Agent authorised in Writing; -and if the Proprietor of any such Copyright, or his Agent, shall declare -that any Goods imported are Repetitions, Copies, or Imitations of any -such Painting, Drawing, or Photograph, or of the Negative of any such -Photograph, and so prohibited as aforesaid, then such Goods may be -detained by the Officers of Her Majesty's Customs.</p> - -<div class="sidenote">Saving of -Right to -bring -Action for -Damages.</div> - -<p>XI. If the Author of any Painting, Drawing, or Photograph, in which -there shall be subsisting Copyright, after having sold or otherwise disposed -of such Copyright, or if any other Person, not being the Proprietor -for the Time being of such Copyright, shall, without the Consent of such -Proprietor, repeat, copy, colourably imitate, or otherwise multiply, or -cause or procure<a id="FNanchor_1763" href="#Footnote_1763" class="fnanchor">[1763]</a> to be repeated, copied, colourably imitated, or otherwise -multiplied, for Sale, Hire, Exhibition, or Distribution, any such Work -or the Design thereof, or the Negative of any such Photograph, or shall -import or cause to be imported into any Part of the United Kingdom, or -sell, publish, let to Hire, exhibit, or distribute, or offer for Sale, Hire, -Exhibition, or Distribution, or cause or procure to be sold, published, -let to Hire, exhibited, or distributed, or offered for Sale, Hire, Exhibition, -or Distribution, any Repetition, Copy, or Imitation, of such Work, or -the Design thereof, or the Negative of any such Photograph, made without -such Consent as aforesaid, then every such Proprietor, in addition to -the Remedies hereby given for the Recovery of any such Penalties, and -Forfeiture of any such Things as aforesaid, may recover Damages by and -in a Special Action on the Case, to be brought against the Person so -offending, and may in such Action recover and enforce the Delivery to -him of all unlawful Repetitions, Copies, and Imitations, and Negatives -of Photographs, or may recover Damages for the Retention or Conversion -thereof: Provided that nothing herein contained, nor any Proceeding, -Conviction, or Judgment, for any Act hereby forbidden, shall affect any -Remedy which any Person aggrieved by such Act may be entitled to -either at Law or in Equity.</p> - -<div class="sidenote">Provisions -of 7 & 8 -Vict. c. 12 -to be considered -as -included in -this Act.</div> - -<p>XII. This Act shall be considered as including the Provisions of -the Act passed in the Session of Parliament held in the Seventh and -Eighth Years of Her present Majesty, intituled An Act to amend the -Law relating to International Copyright, in the same Manner as if such -Provisions were Part of this Act.<span class="pagenum" id="Page_348">[348]</span></p> - -<h3>THE INTERNATIONAL COPYRIGHT ACT, 1875.<br /> - -<span class="smcap">38 Vict. c. 12.</span></h3> - -<p class="hang">An Act to amend the Law relating to International Copyright.</p> - -<p class="author">[13th May 1875.]</p> - -<div class="sidenote">15 Vict. -c. 12.</div> - -<p><i>Whereas by an Act passed in the fifteenth year of the reign of Her -present Majesty, chapter twelve, intituled "An Act to enable Her Majesty -to carry into effect a convention with France on the subject of copyright; to -extend and explain the International Copyright Acts; and to explain the -Acts relating to copyright in engravings" it is enacted, that "Her Majesty -may, by Order in Council, direct that authors of dramatic pieces which are, -after a future time, to be specified in such order, first publicly represented in -any foreign country, to be named in such order, their executors, administrators, -and assigns, shall, subject to the provisions thereinafter mentioned -or referred to, be empowered to prevent the representation in the British -dominions of any translation of such dramatic pieces not authorised by them, -for such time as may be specified in such order, not extending beyond the -expiration of five years from the time at which the authorised translations of -such dramatic pieces are first published and publicly represented:"</i></p> - -<p><i>And whereas by the same Act it is further enacted, "that, subject to any -provisions or qualifications contained in such order, and to the provisions in -the said Act contained or referred to, the laws and enactments for the time -being in force for ensuring to the author of any dramatic piece first publicly -represented in the British dominions the sole liberty of representing the same -shall be applied for the purpose of preventing the representation of any -translations of the dramatic pieces to which such order extends, which are -not sanctioned by the authors thereof:"</i></p> - -<p><i>And whereas by the sixth section of the said Act it is provided, that -"nothing in the said Act contained shall be so construed as to prevent fair -imitations or adaptations to the English stage of any dramatic piece or -musical composition published in any foreign country:"</i></p> - -<p><i>And whereas it is expedient to alter or amend the last-mentioned provision -under certain circumstances.<a id="FNanchor_1764" href="#Footnote_1764" class="fnanchor">[1764]</a> Be it therefore enacted as follows, -viz.:</i>—</p> - -<div class="sidenote">Section 6 -of recited -Act not to -apply to -dramatic -pieces in -certain -cases.</div> - -<p>I. In any case in which, by virtue of the enactments hereinbefore -recited, any Order in Council has been or may hereafter be made for the -purpose of extending protection to the translations of dramatic pieces first -publicly represented in any foreign country, it shall be lawful for Her -Majesty by Order in Council to direct that the sixth section of the said -Act shall not apply to the dramatic pieces to which protection is so extended; -and thereupon the said recited Act shall take effect with respect -to such dramatic pieces and to the translations thereof as if the said sixth -section of the said Act were hereby repealed.<span class="pagenum" id="Page_349">[349]</span></p> - -<h3>THE CANADA COPYRIGHT ACT, 1875.<a id="FNanchor_1765" href="#Footnote_1765" class="fnanchor">[1765]</a><br /> - -<span class="smcap">38 & 39 Vict. c. 53.</span></h3> - -<p class="hang">An Act to give effect to an Act of the Parliament of the Dominion of -Canada respecting Copyright.</p> - -<p class="author">[2nd August 1875.]</p> - -<p><i>Whereas by an Order of Her Majesty in Council, dated the 7th day of -July 1868, it was ordered that all prohibitions contained in Acts of the -Imperial Parliament against the importing into the Province of Canada, or -against the selling, letting out to hire, exposing for sale or hire, or possessing -therein foreign reprints of books first composed, written, printed, or published -in the United Kingdom, and entitled to copyright therein, should be suspended -so far as regarded Canada:</i></p> - -<p><i>And whereas the Senate and House of Commons of Canada did, in the -second session of the third Parliament of the Dominion of Canada, held in -the thirty-eighth year of Her Majesty's reign, pass a Bill intituled "An Act -respecting Copyrights," which Bill has been reserved by the Governor-General -for the signification of Her Majesty's pleasure thereon:</i></p> - -<p><i>And whereas by the said reserved Bill provision is made, subject to such -conditions as in the said Bill are mentioned, for securing in Canada the -rights of authors in respect of matters of copyright, and for prohibiting the -importation into Canada of any work for which copyright under the said -reserved Bill has been secured; and whereas doubts have arisen whether the -said reserved Bill may not be repugnant to the said Order in Council, and -it is expedient to remove such doubts and to confirm the said Bill:</i><a id="FNanchor_1766" href="#Footnote_1766" class="fnanchor">[1766]</a></p> - -<p>Be it enacted as follows:</p> - -<div class="sidenote">Short title -of Act.</div> - -<p>I. This Act may be cited for all purposes as The Canada Copyright -Act, 1875.</p> - -<div class="sidenote">Definition -of terms.</div> - -<p>II. In the construction of this Act the words "book" and "copyright" -shall have respectively the same meaning as in the Act of the fifth and -sixth years of Her Majesty's reign, chapter forty-five, intituled "An Act -to amend the Law of Copyright."</p> - -<div class="sidenote">Her Majesty -may -assent to -the Bill in -schedule.</div> - -<p>III. It shall be lawful for Her Majesty in Council to assent to the -said reserved Bill, as contained in the schedule to this Act annexed, and -if Her Majesty shall be pleased to signify Her assent thereto, the said -Bill shall come into operation at such time and in such manner as Her -Majesty may by Order in Council direct; anything in the Act of the -twenty-eighth and twenty-ninth years of the reign of Her Majesty, chapter -ninety-three, or in any other Act to the contrary notwithstanding.</p> - -<div class="sidenote">Colonial -reprints -not to be -imported -into -United -Kingdom.</div> - -<p>IV. Where any book in which, at the time when the said reserved -Bill comes into operation, there is copyright in the United Kingdom, or -any book in which thereafter there shall be such copyright, becomes -entitled to copyright in Canada in pursuance of the provisions of the said -reserved Bill, it shall be unlawful for any person, not being the owner, in -<span class="pagenum" id="Page_350">[350]</span> -the United Kingdom, of the copyright in such book, or some person -authorised by him, to import into the United Kingdom any copies of -such book reprinted or republished in Canada; and for the purposes of -such importation the seventeenth section of the said Act of the fifth and -sixth years of the reign of Her Majesty, chapter forty-five, shall apply to -all such books in the same manner as if they had been reprinted out of -the British dominions.</p> - -<div class="sidenote">Order in -Council of -7th July -1868 to -continue in -force subject -to -this Act.</div> - -<p>V. The said Order in Council, dated the seventh day of July one -thousand eight hundred and sixty-eight, shall continue in force so far as -relates to books which are not entitled to copyright for the time being, in -pursuance of the said reserved Bill.</p> - -<h3>THE CUSTOMS LAWS CONSOLIDATION ACT, 1876.<br /> - -<span class="smcap">39 & 40 Vict. c. 36.</span></h3> - -<p>XLII. The goods enumerated and described in the following table of -prohibitions and restrictions inwards are hereby prohibited to be imported -or brought into the United Kingdom, save as thereby excepted, and if -any goods so enumerated and described shall be imported or brought into -the United Kingdom contrary to the prohibitions or restrictions contained -therein, such goods shall be forfeited, and may be destroyed or otherwise -disposed of as the Commissioners of Customs may direct.</p> - -<h4><span class="smcap">A Table of Prohibitions and Restrictions Inwards.</span></h4> - -<p><i>Goods prohibited to be imported.</i>—Books wherein the Copyright shall -be first subsisting, first composed or written or printed in the United -Kingdom, and printed or reprinted in any other Country as to which the -proprietor of such Copyright or his agent shall have given to the Commissioners -of Customs a notice in writing, duly declared, that such -Copyright subsists, such notice also stating when such Copyright will -expire.<a id="FNanchor_1767" href="#Footnote_1767" class="fnanchor">[1767]</a></p> - -<p>XLIV. The Commissioners of Customs shall cause to be made and to -be publicly exposed at the Custom Houses in the several ports in the -United Kingdom lists of all books wherein the Copyright shall be subsisting, -and as to which the proprietor of such Copyright, or his agent, shall -have given notice in writing to the said Commissioners that such Copyright -exists, stating in such notice when such Copyright expires, accompanied -by a declaration made and subscribed before a collector of Customs -or a justice of the peace that the contents of such notice are true.</p> - -<p>XLV. If any person shall have cause to complain of the insertion of -any book in such lists, it shall be lawful for any judge at chambers, on -the application of the person so complaining, to issue a summons calling -upon the person upon whose notice such book shall have been so inserted -to appear before any such judge at a time to be appointed in such -summons, to show cause why such book shall not be expunged from such -<span class="pagenum" id="Page_351">[351]</span> -lists, and any such judge shall at the time so appointed proceed to hear -and determine upon the matter of such summons and make his order -thereon in writing; and upon service of such order or a certified copy -thereof, upon the Commissioners of Customs or their secretary for the -time being, the said Commissioners shall expunge such book from the -list, or retain the same therein according to the tenor of such order; and -in case such book shall be expunged from such list, the importation -thereof shall not be deemed to be prohibited. If at the time appointed in -any such summons the person so summoned shall not appear before -such judge, then upon proof by affidavit that such summons or a true -copy thereof has been personally served upon the person so summoned, -or sent to him by post to or left at his last known place of abode or -business, any such judge may proceed <i>ex parte</i> to hear and determine the -matter; but if either party be dissatisfied with such order he may apply -to a superior Court to review such decision and to make such further -order thereon as the Court may see fit: Provided always that nothing -herein contained shall affect any proceeding at law or in equity which -any party aggrieved by reason of the insertion of any book pursuant to -any such notice, or the removal of any book from such list pursuant to -any such order or by reason of any false declaration under this Act, might -or would otherwise have against any party giving such notice or obtaining -such order or making such false declaration.</p> - -<p>CLII. Any books wherein the copyright shall be subsisting, first -composed or written or printed in the United Kingdom, and printed or -reprinted in any other country, shall be and are hereby absolutely prohibited -to be imported into the British possessions abroad: Provided -always that no such books shall be prohibited to be imported as aforesaid, -unless the proprietor of such copyright, or his agent, shall have given -notice in writing to the Commissioners of Customs that such copyright -subsists, and in such notice shall have stated when the copyright will expire: -and the said Commissioners shall cause to be made and transmitted to -the several ports in the British possessions abroad, from time to time to -be publicly exposed there, lists of books respecting which such notice -shall have been duly given, and all books imported contrary thereto shall -be forfeited: but nothing herein contained shall be taken to prevent Her -Majesty from exercising the powers vested in her by 10 & 11 Vict. c. 95 -to suspend in certain cases such prohibition.</p> - -<h3>THE COPYRIGHT (MUSICAL COMPOSITIONS) ACT, 1882.<br /> - -45 & 46 <span class="smcap">Vict. c.</span> 40.</h3> - -<p class="hang">An Act to amend the law of Copyright relating to Musical Compositions.</p> -<p class="author">[10th August 1882.]</p> - -<p><i>Whereas it is expedient to amend the law relating to copyright in -musical compositions, and to protect the public from vexatious proceedings -for the recovery of penalties for the unauthorised performance of the same.</i><a id="FNanchor_1768" href="#Footnote_1768" class="fnanchor">[1768]</a><span class="pagenum" id="Page_352">[352]</span> -</p> -<p>Be it therefore enacted as follows:</p> - -<div class="sidenote">Printed -notice restraining -public performance.</div> - -<p>I.<a id="FNanchor_1769" href="#Footnote_1769" class="fnanchor">[1769]</a> The proprietor of the copyright in any musical composition first -published after the passing of this Act, or his assignee, who shall be -entitled to and be desirous of retaining in his own hands exclusively -the right of public representation or performance of the same, shall print -or cause to be printed upon the title-page of every published copy of such -musical composition a notice to the effect that the right of public representation -or performance is reserved.</p> - -<div class="sidenote">Provision when right of performance and -copyright are vested in different owners.</div> - -<p>II. In case the right of public representation or performance of, and -the copyright in, any musical composition shall be or become vested -before publication of any copy thereof in different owners, then, if the -owner of the right of public representation or performance shall desire to -retain the same, he shall, before any such publication of any copy of such -musical composition, give to the owner of the copyright therein notice in -writing requiring him to print upon every copy of such musical composition -a notice to the effect that the right of public representation or -performance is reserved; but in case the right of public representation or -performance of, and the copyright in, any musical composition shall, after -publication of any copy thereof subsequently to the passing of this Act, -first become vested in different owners, and such notice as aforesaid shall -have been duly printed on all copies published after the passing of this -Act previously to such vesting, then, if the owner of the right of performance -and representation shall desire to retain the same, he shall, before -the publication of any further copies of such musical composition, give -notice in writing to the person in whom the copyright shall be then -vested, requiring him to print such notice as aforesaid on every copy of -such musical composition to be thereafter published.</p> - -<div class="sidenote">Penalty on owner of copyright for non-compliance -with notice from owner of right of performance.</div> - -<p>III. If the owner for the time being of the copyright in any musical -composition shall, after due notice being given to him or his predecessor -in title at the time, and generally in accordance with the last preceding -section, neglect or fail to print legibly and conspicuously upon every copy -of such composition published by him or by his authority, or by any -person lawfully entitled to publish the same, and claiming through or -under him, a note or memorandum stating that the right of public representation -or performance is reserved, then and in such case the owner -of the copyright at the time of the happening of such neglect or default, -shall forfeit and pay to the owner of the right of public representation or -performance of such composition the sum of twenty pounds, to be recovered -in any court of competent jurisdiction.</p> - -<div class="sidenote">Costs.</div> - -<div class="sidenote">3 & 4 Will. -4 c. 15.</div> - -<p>IV. <i>Notwithstanding the provisions of the Act passed in the third and -fourth years of His Majesty King William the Fourth, to amend the laws -relating to dramatic literary property, or any other Act in which those -provisions are incorporated, the costs of any action or proceedings for penalties -or damages in respect of the unauthorised representation or performance of -any musical composition published before the passing of this Act shall, in -cases in which the plaintiff shall not recover more than forty shillings as</i><span class="pagenum" id="Page_353">[353]</span> -<i>penalty or damages, be in the discretion of the court or judge before whom -such action or proceedings shall be tried</i>.<a id="FNanchor_1770" href="#Footnote_1770" class="fnanchor">[1770]</a></p> - -<div class="sidenote">Short title.</div> - -<p>V. This Act may be cited as the Copyright (Musical Compositions) -Act, 1882.</p> - -<h3>THE INTERNATIONAL COPYRIGHT ACT, 1886.<br /> - -49 & 50 <span class="smcap">Vict. c.</span> 33.</h3> - -<p class="hang">An Act to amend the Law respecting International and Colonial Copyright.</p> -<p class="author">[25th June 1886.]</p> - -<p><i>Whereas by the International Copyright Acts Her Majesty is authorised -by Order in Council to direct that as regards literary and artistic works -first published in a foreign country the author shall have copyright therein -during the period specified in the order, not exceeding the period during -which authors of the like works first published in the United Kingdom have -copyright</i>:</p> - -<p><i>And whereas at an international conference held at Berne in the month -of September one thousand eight hundred and eighty-five a draft of a -convention was agreed to for giving to authors of literary and artistic works -first published in one of the countries parties to the convention copyright in -such works throughout the other countries parties to the convention</i>:</p> - -<p><i>And whereas, without the authority of Parliament, such convention -cannot be carried into effect in Her Majesty's dominions and consequently Her -Majesty cannot become a party thereto, and it is expedient to enable Her -Majesty to accede to the convention</i>:<a id="FNanchor_1771" href="#Footnote_1771" class="fnanchor">[1771]</a></p> - -<p>Be it therefore enacted as follows:</p> - -<div class="sidenote">Short titles -and construction.</div> - -<p>I.—(1.) This Act may be cited as the International Copyright Act, -1886.</p> - -<p>(2.) The Acts specified in the first part of the First Schedule to this -Act, together with the enactment specified in the second part of the said -schedule, are in this Act collectively referred to as the International -Copyright Acts.</p> - -<p>The Acts specified in the Second Schedule to this Act may be cited -by the short titles in that schedule mentioned, and those Acts are in this -Act referred to, and may be cited collectively as the Copyright Acts.</p> - -<p>(3.) This Act and the International Copyright Acts shall be construed -together, and may be cited together as the International Copyright Acts, -1844 to 1886.</p> - -<div class="sidenote">Amendment -as to -extent -and effect -of order -under International -Copyright -Acts.</div> - -<p>II. The following provisions shall apply to an Order in Council under -the International Copyright Acts:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">(1.) The order may extend to all the several foreign countries named -or described therein:</span> - -<span class="i0">(2.) The order may exclude or limit the rights conferred by the -International Copyright Acts in the case of authors who are not -subjects or citizens of the foreign countries named or described in -<span class="pagenum" id="Page_354">[354]</span> -that or any other order, and if the order contains such limitation -and the author of a literary or artistic work first produced in one -of those foreign countries is not a British subject, nor a subject or -citizen of any of the foreign countries so named or described, the -publisher of such work, unless the order otherwise provides, shall -for the purpose of any legal proceedings in the United Kingdom -for protecting any copyright in such work be deemed to be entitled -to such copyright as if he were the author, but this enactment shall -not prejudice the rights of such author and publisher as between -themselves:</span> - -<span class="i0">(3.) The International Copyright Acts and an order made thereunder -shall not confer on any person any greater right or longer term of -copyright in any work than that enjoyed in the foreign country in -which such work was first produced.</span> -</div></div> - -<div class="sidenote">Simultaneous -publication.</div> - -<p>III.—(1.) An Order in Council under the International Copyright -Acts may provide for determining the country in which a literary or -artistic work first produced simultaneously in two or more countries, is -to be deemed, for the purpose of copyright, to have been first produced, -and for the purposes of this section "country" means the United Kingdom -and a country to which an order under the said Acts applies.</p> - -<p>(2.) Where a work produced simultaneously in the United Kingdom, -and in some foreign country or countries is by virtue of an Order in -Council under the International Copyright Acts deemed for the purpose -of copyright to be first produced in one of the said foreign countries, and -not in the United Kingdom, the copyright in the United Kingdom shall -be such only as exists by virtue of production in the said foreign country, -and shall not be such as would have been acquired if the work had been -first produced in the United Kingdom.</p> - -<div class="sidenote">Modification -of -certain provisions -of -International -Copyright -Acts.</div> - -<p>IV.—(1.) Where an order respecting any foreign country is made -under the International Copyright Acts the provisions of those Acts with -respect to the registry and delivery of copies of works shall not apply to -works produced in such country except so far as provided by the order.</p> - -<p>(2.) Before making an Order in Council under the International -Copyright Acts in respect of any foreign country, Her Majesty in Council -shall be satisfied that that foreign country has made such provisions (if -any) as it appears to Her Majesty expedient to require for the protection -of authors of works first produced in the United Kingdom.</p> - -<div class="sidenote">Restriction -on translation.</div> - -<p>V.—(1.) Where a work being a book or dramatic piece is first -produced in a foreign country to which an Order in Council under the -International Copyright Acts applies, the author or publisher, as the case -may be, shall, unless otherwise directed by the order, have the same right -of preventing the production in and importation into the United Kingdom -of any translation not authorised by him of the said work as he has of -preventing the production and importation of the original work.</p> - -<p>(2.) Provided that if after the expiration of ten years, or any other -term prescribed by the order, next after the end of the year in which the -work, or in the case of a book published in numbers each number of the -book, was first produced, an authorised translation in the English language -of such work or number has not been produced, the said right to prevent -<span class="pagenum" id="Page_355">[355]</span> -the production in and importation into the United Kingdom of an unauthorised -translation of such work shall cease.</p> - -<p>(3.) The law relating to copyright, including this Act, shall apply to a -lawfully produced translation of a work in like manner as if it were an -original work.</p> - -<p>(4.) Such of the provisions of the International Copyright Act, 1852, -relating to translations as are unrepealed by this Act, shall apply in like -manner as if they were re-enacted in this section.</p> - -<div class="sidenote">Application -of Act -to existing -works.</div> - -<p>VI.<a id="FNanchor_1772" href="#Footnote_1772" class="fnanchor">[1772]</a> Where an Order in Council is made under the International -Copyright Acts with respect to any foreign country, the author and -publisher of any literary or artistic work first produced before the date at -which such order comes into operation shall be entitled to the same rights -and remedies as if the said Acts and this Act and the said order had -applied to the said foreign country at the date of the said production: -Provided that where any person has before the date of the publication of -an Order in Council lawfully produced any work in the United Kingdom, -nothing in this section shall diminish or prejudice any rights or interests -arising from or in connection with such production which are subsisting -and valuable at the said date.</p> - -<div class="sidenote">Evidence -of foreign -copyright.</div> - -<p>VII. Where it is necessary to prove the existence or proprietorship of -the copyright of any work first produced in a foreign country to which an -Order in Council under the International Copyright Acts applies, an -extract from a register, or a certificate, or other document stating the -existence of the copyright, or the person who is the proprietor of such -copyright, or is for the purpose of any legal proceedings in the United -Kingdom deemed to be entitled to such copyright, if authenticated by the -official seal of a Minister of State of the said foreign country, or by the -official seal or the signature of a British diplomatic or consular officer -acting in such country, shall be admissible as evidence of the facts named -therein, and all courts shall take judicial notice of every such official seal -and signature as is in this section mentioned, and shall admit in evidence, -without proof, the documents authenticated by it.</p> - -<div class="sidenote">Application -of -Copyright -Acts to -colonies.</div> - -<p>VIII.—(1.) The Copyright Acts shall, subject to the provisions of -this Act, apply to a literary or artistic work first produced in a British -possession in like manner as they apply to a work first produced in the -United Kingdom:<a id="FNanchor_1773" href="#Footnote_1773" class="fnanchor">[1773]</a></p> - -<p>Provided that—</p> - -<div class="poem"><div class="stanza"> -<span class="i0">(<i>a</i>) the enactments respecting the registry of the copyright in such -work shall not apply if the law of such possession provides -for the registration of such copyright; and</span> - -<span class="i0">(<i>b</i>) where such work is a book the delivery to any persons or body -of persons of a copy of any such work shall not be required.</span> -</div></div> - -<p>(2.) Where a register of copyright in books is kept under the authority -of the government of a British possession, an extract from that register -purporting to be certified as a true copy by the officer keeping it, and -authenticated by the public seal of the British possession, or by the official -seal or the signature of the governor of a British possession, or of a -<span class="pagenum" id="Page_356">[356]</span> -colonial secretary, or of some secretary or minister administering a department -of the government of a British possession, shall be admissible in -evidence of the contents of that register, and all courts shall take judicial -notice of every such seal and signature, and shall admit in evidence, -without further proof, all documents authenticated by it.</p> - -<p>(3.) Where before the passing of this Act an Act or ordinance has -been passed in any British possession respecting copyright in any literary -or artistic works, Her Majesty in Council may make an Order modifying -the Copyright Acts and this Act, so far as they apply to such British -possession, and to literary and artistic works first produced therein, in -such manner as to Her Majesty in Council seems expedient.</p> - -<p>(4.) Nothing in the Copyright Acts or this Act shall prevent the -passing in a British possession of any Act or ordinance respecting the -copyright within the limits of such possession of works first produced in -that possession.<a id="FNanchor_1774" href="#Footnote_1774" class="fnanchor">[1774]</a></p> - -<div class="sidenote">Application -of International -Copyright -Acts to -colonies.</div> - -<p>IX. Where it appears to Her Majesty expedient that an Order in -Council under the International Copyright Acts made after the passing of -this Act as respects any foreign country, should not apply to any British -possession, it shall be lawful for Her Majesty by the same or any other -Order in Council to declare that such Order and the International -Copyright Acts and this Act shall not, and the same shall not, apply to -such British possession, except so far as is necessary for preventing any -prejudice to any rights acquired previously to the date of such Order; -and the expressions in the said Acts relating to Her Majesty's dominions -shall be construed accordingly; but save as provided by such declaration -the said Acts and this Act shall apply to every British possession as if it -were part of the United Kingdom.</p> - -<div class="sidenote">Making of -Orders in -Council.</div> - -<p>X.—(1.) It shall be lawful for Her Majesty from time to time to make -Orders in Council for the purposes of the International Copyright Acts -and this Act, for revoking or altering any Order in Council previously -made in pursuance of the said Acts, or any of them.</p> - -<p>(2.) Any such Order in Council shall not affect prejudicially any rights -acquired or accrued at the date of such Order coming into operation, and -shall provide for the protection of such rights.</p> - -<div class="sidenote">Definitions.</div> - -<p>XI. In this Act, unless the context otherwise requires—</p> - -<p>The expression "literary and artistic work" means every book, print, -lithograph, article of sculpture, dramatic piece, musical composition, -painting, drawing, photograph, and other work of literature and art to -which the Copyright Acts or the International Copyright Acts, as the case -requires, extend.</p> - -<p>The expression "author" means the author, inventor, designer, -engraver, or maker of any literary or artistic work, and includes any person -claiming through the author; and in the case of a posthumous work -means the proprietor of the manuscript of such work and any person -claiming through him; and in the case of an encyclopædia, review, -magazine, periodical work, or work published in a series of books or parts, -includes the proprietor, projector, publisher, or conductor. -<span class="pagenum" id="Page_357">[357]</span></p> - -<p>The expressions "performed" and "performance" and similar words -include representation and similar words.</p> - -<p>The expression "produced" means, as the case requires, published or -made, or, performed or represented, and the expression "production" is -to be construed accordingly.</p> - -<p>The expression "book published in numbers" includes any review, -magazine, periodical work, work published in a series of books or parts, -transactions of a society or body, and other books of which different -volumes or parts are published at different times.</p> - -<p>The expression "treaty" includes any convention or arrangement.</p> - -<p>The expression "British possession" includes any part of Her -Majesty's dominions exclusive of the United Kingdom; and where parts -of such dominions are under both a central and a local legislature, all -parts under one central legislature are for the purposes of this definition -deemed to be one British possession.</p> - -<div class="sidenote">Repeal of -Acts.</div> - -<p>XII. <i>The Acts specified in the Third Schedule to this Act are hereby -repealed as from the passing of this Act to the extent in the third column of -that schedule mentioned</i>:</p> - -<p><i>Provided as follows</i>:<a id="FNanchor_1775" href="#Footnote_1775" class="fnanchor">[1775]</a></p> - -<div class="poem"><div class="stanza"> -<span class="i0">(<i>a.</i>) Where an Order in Council has been made before the passing -of this Act under the said Acts as respects any foreign -country the enactments hereby repealed shall continue in -full force as respects that country until the said Order is -revoked.</span> - -<span class="i0">(<i>b.</i>) <i>The said repeal and revocation shall not prejudice any rights</i> -<i>acquired previously to such repeal or revocation, and such</i> -<i>rights shall continue and may be enforced in like manner as if</i> -<i>the said repeal or revocation had not been enacted or made.</i></span> -</div></div> - -<h3>SCHEDULES.</h3> - -<h3>FIRST SCHEDULE.—<span class="smcap">International Copyright Acts.</span> - -<span class="smcap">Part I.</span></h3> - -<table class="form" summary="Table of Shedules: FIRST SCHEDULE"> - <tr> - <th>Session and Chapter.</th> - <th>Title.</th> - <th>Short Title.</th> - </tr> - <tr> - <td>7 & 8 Vict. c. 12.</td> - <td>An Act to amend the law relating to International Copyright.</td> - <td>The International Copyright Act, 1844.</td> - </tr> - <tr> - <td>15 & 16 Vict. c. 12.</td> - <td>An Act to enable Her Majesty to carry into effect a convention with France on the subject of copyright, to extend and explain the International Copyright Acts, and to explain the Acts relating to copyright in engravings.</td> - <td>The International Copyright Act, 1852.</td> - </tr> - <tr> - <td>38 & 39 Vict. c. 12.</td> - <td>An Act to amend the law relating to International Copyright.</td> - <td>The International Copyright Act, 1875.</td> - </tr> -</table> - -<p><span class="pagenum" id="Page_358">[358]</span></p> - -<h3><span class="smcap">Part II.</span></h3> - -<table class="form" summary="Table of Shedules: FIRST SCHEDULE part II"> - <tr> - <th>Session and Chapter.</th> - <th>Title.</th> - <th>Enactment</th> - </tr> - <tr> - <td>25 & 26 Vict. c. 68.</td> - <td>An Act for amending the law relating - to copyright in works of the fine arts, - and for repressing the commission of fraud in - the production and sale of such works.</td> - <td>Section twelve.</td> - </tr> -</table> - -<h3>SECOND SCHEDULE.—<span class="smcap">Copyright Acts.</span></h3> - -<table class="form" summary="Table of Shedules: SECOND SCHEDULE"> - <tr> - <th>Session and Chapter.</th> - <th>Title.</th> - <th>Short Title.</th> - </tr> - <tr> - <td>8 Geo. 2, c. 13.</td> - <td>An Act for the encouragement of the 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.</td> - <td>The Engraving Copyright Act, 1734.</td> - </tr> - <tr> - <td>7 Geo. 3, c. 38.</td> - <td>An Act to amend and render more effectual an Act made in the eighth year of the reign of - King George the Second, for encouragement of the arts of designing, engraving, and - etching, historical and other prints, and for vesting in and securing to Jane Hogarth, - widow, the property in certain prints.</td> - <td>The Engraving Copyright Act, 1766.</td> - </tr> - <tr> - <td>15 Geo. 3, c. 53.</td> - <td>An Act for enabling the two Universities in England, the four Universities in Scotland, - and the several Colleges of Eton, Westminster, and Winchester, to hold in - perpetuity their copyright in books given or bequeathed to the said universities and - colleges for the advancement of useful learning and other purposes of education; and for - amending so much of an Act of the eighth year of the reign of Queen Anne, as relates to the - delivery of books to the warehouse keeper of the Stationers' Company for the use - of the several libraries therein mentioned.</td> - <td>The Copyright Act, 1775.<span class="pagenum" id="Page_359">[359]</span></td> - </tr> - <tr> - <td>17 Geo. 3, c. 57.</td> - <td>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.</td> - <td>The Prints Copyright Act, 1777.</td> - </tr> - <tr> - <td>54 Geo. 3, c. 56.</td> - <td>An Act to amend and render more effectual an Act of His present Majesty for encouraging the art - of making new models and casts of busts and other things therein mentioned, and for - giving further encouragement to such arts.</td> - <td>The Sculpture Copyright Act, 1814.</td> - </tr> - <tr> - <td>3 Will. 4, c. 15.</td> - <td>An Act to amend the laws relating to Dramatic Literary Property.</td> - <td>The Dramatic Copyright Act, 1833.</td> - </tr> - <tr> - <td>5 & 6 Will. 4,c. 65.</td> - <td>An Act for preventing the publication of Lectures without consent.</td> - <td>The Lectures Copyright Act, 1835.</td> - </tr> - <tr> - <td>6 & 7 Will. 4, c. 69.</td> - <td>An Act to extend the protection of copyright in prints and engravings to Ireland.</td> - <td>The Prints and Engravings Copyright Act, 1836.</td> - </tr> - <tr> - <td>6 & 7 Will. 4, c. 110.</td> - <td>An Act to repeal so much of an Act of the fifty-fourth year of King George the Third, - respecting copyrights, as requires the delivery of a copy of every published book to the - libraries of Sion College, the four Universities of Scotland, and of the King's Inns in - Dublin.</td> - <td>The Copyright Act, 1836.</td> - </tr> - <tr> - <td>5 & 6 Vict. c. 45.</td> - <td>An Act to amend the law of copyright.</td> - <td>The Copyright Act, 1842.</td> - </tr> - <tr> - <td>10 & 11 Vict. c. 95.</td> - <td>An Act to amend the law relating to the protection in the Colonies of works entitled to - copyright in the United Kingdom.</td> - <td>The Colonial Copyright Act, 1847.</td> - </tr> - <tr> - <td>25 & 26 Vict. c. 68.</td> - <td>An Act for amending the law relating to copyright in works - of the fine arts, and for repressing the commission of fraud in the production and - sale of such works.</td> - <td>The Fine Arts Copyright Act, 1862.</td> - </tr> -</table> -<p><span class="pagenum" id="Page_360">[360]</span></p> - -<h3>THIRD SCHEDULE.—<span class="smcap">Acts Repealed.</span></h3> - -<table class="form" summary="Table of Shedules: THIRD SCHEDULE"> - <tr> - <th>Session and Chapter.</th> - <th>Title.</th> - <th>Extent of Repeal.</th> - </tr> - <tr> - <td>7 & 8 Vict. c. 12.</td> - <td>An Act to amend the law relating to international copyright.</td> - <td>Sections fourteen, seventeen, and eighteen.</td> - </tr> - <tr> - <td>15 & 16 Vict. c. 12.</td> - <td>An Act to enable Her Majesty to carry into effect a convention - with France on the subject of copyright, to extend and explain the International - Copyright Acts, and to explain the Acts relating to copyright engravings.</td> - <td>Sections one to five both inclusive, and sections eight and eleven.</td> - </tr> - <tr> - <td>25 & 26 Vict. c. 68.</td> - <td>An Act for amending the law relating to copyright in works of the fine arts, and for -repressing the commission of fraud in the production and sale of such works.</td> - <td>So much of section twelve as incorporates any eneactment by this act.</td> - </tr> -</table> - -<h3>THE COPYRIGHT (MUSICAL COMPOSITIONS) ACT, 1888.<br /> - -51 & 52 <span class="smcap">Vict. c.</span> 17.</h3> - -<p class="hang">An Act to amend the Law relating to the Recovery of Penalties for the -unauthorised Performance of Copyright Musical Compositions.</p> -<p class="author">[5th July 1888.]</p> - -<p>Whereas it is expedient to further amend the law relating to copyright -in musical compositions, and to further protect the public from -vexatious proceedings for the recovery of penalties for the unauthorised -performance of the same:</p> - -<p>Be it therefore enacted by the Queen'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, as follows:</p> - -<div class="sidenote">Provision -as to -damages.</div> - -<p>I. Notwithstanding the provisions of the Act of the session held in -the third and fourth years of His Majesty King William the Fourth, -chapter fifteen, to amend the laws relating to dramatic literary property, -or any other Act in which those provisions are incorporated, the penalty -or damages to be awarded upon any action or proceedings in respect of -each and every unauthorised representation or performance of any musical -composition, whether published before or after the passing of this Act, -shall be such a sum or sums as shall, in the discretion of the Court or -judge before whom such action or proceedings shall be tried, be reasonable, -and the Court or judge before whom such action or proceedings shall be -tried may award a less sum than forty shillings in respect of each and -every such unauthorised representation or performance as aforesaid, or a -nominal penalty or nominal damages as the justice of the case may -require. -<span class="pagenum" id="Page_361">[361]</span></p> - -<div class="sidenote">Costs to be -in discretion -of -judge. -45 & 46 -Vict. c. 40.</div> - -<p>II. The costs of all such actions or proceedings as aforesaid shall be -in the absolute discretion of the judge before whom such actions and -proceedings shall be tried, and section four of the Copyright (Musical -Compositions) Act, 1882, is hereby repealed.</p> - -<div class="sidenote"> -Proprietor -not wilfully -permitting -such performance -to be -exempt.</div> - -<p>III. The proprietor, tenant, or occupier of any place of dramatic -entertainment, or other place at which any unauthorised representation -or performance of any musical composition, whether published before or -after the passing of this Act, shall take place, shall not by reason of such -representation or performance be liable to any penalty or damages in -respect thereof, unless he shall wilfully cause or permit such unauthorised -representation or performance, knowing it to be unauthorised.<a id="FNanchor_1776" href="#Footnote_1776" class="fnanchor">[1776]</a></p> - -<div class="sidenote">Saving for -operas and -plays</div> - -<p>IV. The provisions of this Act shall not apply to any action or proceedings -in respect of a representation or performance of any opera or -stage play in any theatre or other place of public entertainment duly -licensed in that respect.</p> - -<div class="sidenote">Short title.</div> - -<p>V. This Act may be cited as the Copyright (Musical Compositions) -Act, 1888.</p> - -<h3>THE REVENUE ACT, 1889.<br /> - -52 & 53 <span class="smcap">Vict. c.</span> 42.</h3> - -<p>I. The following goods shall from and after the passing of this Act -be included amongst the goods enumerated and described on the table -of prohibitions and restrictions contained in Section 42 of the Customs -Consolidation Act, 1876, namely:</p> - -<p>Books, first published in any country or state other than the United -Kingdom, wherein under the International Copyright Act, 1886, or any -other Act or any Order in Council made under the authority of any Act, -there is a subsisting Copyright in the United Kingdom, printed or reprinted -in any country or state other than the country or state in which -they were first published,<a id="FNanchor_1777" href="#Footnote_1777" class="fnanchor">[1777]</a> and as to which the owner of the copyright or -his agent in the United Kingdom has given to the Commissioners of -Customs in the manner prescribed by Section 44 of the Customs Consolidation -Act, 1876, a notice in such form and giving such particulars -as those Commissioners require, and accompanied by a declaration as -provided in that Section.</p> - -<h3>INTERNATIONAL CONVENTIONS</h3> - -<h3>THE BERNE CONVENTION, 1886.</h3> - -<h4><span class="smcap">Article I.</span></h4> - -<p>The Contracting States are constituted into an Union for the protection -of the rights of authors over their literary and artistic works.<span class="pagenum" id="Page_362">[362]</span> -</p> - -<h4><span class="smcap">Article II.</span></h4> - -<p><i>Authors of any of the countries of the Union, or their lawful representatives, -shall enjoy in the other countries for their works, whether published in -one of those countries or unpublished, the rights which the respective laws do -now or may hereafter grant to natives.</i><a id="FNanchor_1778" href="#Footnote_1778" class="fnanchor">[1778]</a></p> - -<p>The enjoyment of these rights is subject to the accomplishment of the -conditions and formalities described by law in the country of origin of the -work, and cannot exceed in the other countries the term of protection -granted in the said country of origin.</p> - -<p>The country of origin of the work is that in which the work is first -published, or if such publication takes place simultaneously in several -countries of the Union, that one of them in which the shortest term of -protection is granted by law.</p> - -<p>For unpublished works the country to which the author belongs is -considered the country of origin of the work.</p> - -<h4><span class="smcap">Article III.</span></h4> - -<p><i>The stipulations of the present Convention apply equally to the publishers -of literary and artistic works published in one of the countries of the Union, -but of which the authors belong to a country which is not a party to the -Union.</i></p> - -<h4><span class="smcap">Article IV.</span></h4> - -<p>The expression "literary and artistic works" comprehends books, -pamphlets, and all other writings; dramatic or dramatico-musical works, -musical compositions with or without words; works of design, painting, -sculpture, and engraving; lithographs, illustrations, geographical charts; -plans, sketches, and plastic works relative to geography, topography, -architecture, or science in general; in fact, every production whatsoever -in the literary, scientific, or artistic domain which can be published by any -mode of impression or reproduction.</p> - -<h4><span class="smcap">Article V.</span></h4> - -<p><i>Authors of any of the countries of the Union, or their lawful representatives, -shall enjoy in the other countries the exclusive right of making or -authorising the translation of their works until the expiration of ten years -from the publication of the original work in one of the countries of the Union.</i></p> - -<p>For works published in incomplete parts ("livraisons") the period of -ten years commences from the date of publication of the last part of the -original work.</p> - -<p>For works composed of several volumes published at intervals, as well -as for bulletins or collections ("cahiers") published by literary or scientific -Societies, or by private persons, each volume, bulletin, or collection is, -with regard to the period of ten years, considered as a separate work.</p> - -<p>In the cases provided for by the present Article, and for the calculation -of the period of protection, the 31st December of the year in which the -work was published is admitted as the date of publication.<span class="pagenum" id="Page_363">[363]</span> -</p> - -<h4><span class="smcap">Article VI.</span></h4> - -<p>Authorised translations are protected as original works. They consequently -enjoy the protection stipulated in Articles II. and III. as regards -their unauthorised reproduction in the countries of the Union.</p> - -<p>It is understood that, in the case of a work for which the translating -right has fallen into the public domain, the translator cannot oppose the -translation of the same work by other writers.</p> - -<h4><span class="smcap">Article VII.</span></h4> - -<p><i>Articles from newspapers or periodicals published in any of the countries -of the Union may be reproduced in original or in translation in the other -countries of the Union, unless the authors or publishers have expressly -forbidden it. For periodicals it is sufficient if the prohibition is made in a -general manner at the beginning of each number of the periodical.</i></p> - -<p><i>This prohibition cannot in any case apply to articles of political discussion, -or to the reproduction of news of the day or current topics.</i></p> - -<h4><span class="smcap">Article VIII.</span></h4> - -<p>As regards the liberty of extracting portions from literary or artistic -works for use in publications destined for educational or scientific purposes, -or for chrestomathies, the matter is to be decided by the legislation of the -different countries of the Union, or by special arrangements existing or to -be concluded between them.</p> - -<h4><span class="smcap">Article IX.</span><a id="FNanchor_1779" href="#Footnote_1779" class="fnanchor">[1779]</a></h4> - -<p>The stipulations of Article II. apply to the public representation of -dramatic or dramatico-musical works, whether such works be published or -not.</p> - -<p>Authors of dramatic or dramatico-musical works, or their lawful -representatives, are, during the existence of their exclusive right of -translation, equally protected against the unauthorised public representation -of translations of their works.</p> - -<p>The stipulations of Article II. apply equally to the public performance -of unpublished musical works, or of published works in which the author -has expressly declared on the title-page or commencement of the work -that he forbids the public performance.</p> - -<h4><span class="smcap">Article X.</span></h4> - -<p>Unauthorised indirect appropriations of a literary or artistic work, of -various kinds, such as adaptations, arrangements of music, &c., are specially -included amongst the illicit reproductions to which the present Convention -applies, when they are only the reproduction of a particular work, in the -same form, or in another form, with non-essential alterations, additions, or -abridgments, so made as not to confer the character of a new original -work.</p> - -<p>It is agreed that, in the application of the present Article, the Tribunals -of the various countries of the Union will, if there is occasion, conform -themselves to the provisions of their respective laws.<span class="pagenum" id="Page_364">[364]</span> -</p> - -<h4><span class="smcap">Article XI.</span></h4> - -<p>In order that the authors of works protected by the present Convention -shall, in the absence of proof to the contrary, be considered as such, and -be consequently admitted to institute proceedings against pirates before -the Courts of the various countries of the Union, it will be sufficient that -their name be indicated on the work in the accustomed manner.</p> - -<p>For anonymous or pseudonymous works, the publisher whose name is -indicated on the work is entitled to protect the rights belonging to the -author. He is, without other proof, reputed the lawful representative of -the anonymous or pseudonymous author.</p> - -<p>It is, nevertheless, agreed that the Tribunals may, if necessary, require -the production of a certificate from the competent authority to the effect -that the formalities prescribed by law in the country of origin have been -accomplished, as contemplated in Article II.</p> - -<h4><span class="smcap">Article XII.</span></h4> - -<p><i>Pirated works may be seized on importation into those countries of the -Union where the original work enjoys legal protection.</i></p> - -<p><i>The seizure shall take place conformably to the domestic law of each State.</i></p> - -<h4><span class="smcap">Article XIII.</span></h4> - -<p>It is understood that the provisions of the present Convention cannot -in any way derogate from the right belonging to the Government of each -country of the Union to permit, to control, or to prohibit, by measures of -domestic legislation or police, the circulation, representation, or exhibition -of any works or productions in regard to which the competent authority -may find it necessary to exercise that right.</p> - -<h4><span class="smcap">Article XIV.</span></h4> - -<p>Under the reserves and conditions to be determined by common -agreement,<a id="FNanchor_1780" href="#Footnote_1780" class="fnanchor">[1780]</a> the present Convention applies to all works which at the -moment of its coming into force have not yet fallen into the public -domain in the country of origin.</p> - -<h4><span class="smcap">Article XV.</span></h4> - -<p>It is understood that the Governments of the countries of the Union -reserve to themselves respectively the right to enter into separate and -particular arrangements between each other, provided always that such -arrangements confer upon authors or their lawful representatives more -extended rights than those granted by the Union, or embody other -stipulations not contrary to the present Convention.</p> - -<h4><span class="smcap">Article XVI.</span><a id="FNanchor_1781" href="#Footnote_1781" class="fnanchor">[1781]</a></h4> - -<p>An international office is established, under the name of "Office of the -International Union for the Protection of Literary and Artistic Works."</p> - -<p>This Office, of which the expenses will be borne by the Administrations -<span class="pagenum" id="Page_365">[365]</span> -of all the countries of the Union, is placed under the high authority of -the Superior Administration of the Swiss Confederation, and works under -its direction. The functions of this Office are determined by common -accord between the countries of the Union.</p> - -<h4><span class="smcap">Article XVII.</span></h4> - -<p>The present Convention may be submitted to revisions in order to -introduce therein amendments calculated to perfect the system of the -Union.</p> - -<p>Questions of this kind, as well as those which are of interest to the -Union in other respects, will be considered in Conferences to be held -successively in the countries of the Union by Delegates of the said -countries.</p> - -<p>It is understood that no alteration in the present Convention shall be -binding on the Union except by the unanimous consent of the countries -composing it.</p> - -<h4><span class="smcap">Article XVIII.</span></h4> - -<p>Countries which have not become parties to the present Convention, -and which grant by their domestic law the protection of rights secured by -this Convention, shall be admitted to accede thereto on request to that -effect.</p> - -<p>Such accession shall be notified in writing to the Government of the -Swiss Confederation, who will communicate it to all the other countries of -the Union.</p> - -<p>Such accession shall imply full adhesion to all the clauses and admission -to all the advantages provided by the present Convention.</p> - -<h4><span class="smcap">Article XIX.</span></h4> - -<p>Countries acceding to the present Convention shall also have the -right to accede thereto at any time for their Colonies or foreign possessions.</p> - -<p>They may do this either by a general declaration comprehending all -their Colonies or possessions within the accession, or by specially naming -those comprised therein, or by simply indicating those which are excluded.</p> - -<h4><span class="smcap">Article XX.</span></h4> - -<p>The present Convention shall be put in force three months after the -exchange of the ratifications, and shall remain in effect for an indefinite -period until the termination of a year from the day on which it may have -been denounced.</p> - -<p><i>Such denunciation shall be made to the Government authorised to receive -accessions, and shall only be effective as regards the country making it, the -Convention remaining in full force and effect for the other countries of the -Union.</i></p> - -<h4><span class="smcap">Article XXI.</span></h4> - -<p>The present Convention shall be ratified, and the ratifications exchanged -at Berne, within the space of one year at the latest. -<span class="pagenum" id="Page_366">[366]</span></p> - -<p>In witness whereof, the respective Plenipotentiaries have signed the -same, and have affixed thereto the seal of their arms.</p> - -<p>Done at Berne, the 9th day of September 1886.</p> - -<h4><i>Additional Article.</i></h4> - -<p>The Plenipotentiaries assembled to sign the Convention concerning -the creation of an International Union for the protection of literary and -artistic works have agreed upon the following Additional Article, which -shall be ratified together with the Convention to which it relates:</p> - -<p>The Convention concluded this day in nowise affects the maintenance -of existing Conventions between the Contracting States, provided always -that such Conventions confer on authors, or their lawful representatives, -rights more extended than those secured by the Union, or contain other -stipulations which are not contrary to the said Convention.</p> - -<p>In witness whereof, the respective Plenipotentiaries have signed the -present Additional Article.</p> - -<p>Done at Berne, the 9th day of September 1886.</p> - -<h4><i>Final Protocol.</i></h4> - -<p>In proceeding to the signature of the Convention concluded this day, -the undersigned Plenipotentiaries have declared and stipulated as -follows:</p> - -<p>1. <i>As regards Article IV. it is agreed that those countries of the Union -where the character of artistic works is not refused to photographs, engage to -admit them to the benefits of the Convention concluded to-day, from the date -of its coming into effect. They are, however, not bound to protect the authors -of such works further than is permitted by their own legislation, except in -the case of international engagements already existing, or which may -hereafter be entered into by them.</i></p> - -<p><i>It is understood that an authorised photograph of a protected work of art -shall enjoy legal protection in all the countries of the Union, as contemplated -by the said Convention, for the same period as the principal right of reproduction -of the work itself subsists, and within the limits of private arrangements -between those who have legal rights.</i></p> - -<p>2. As regards Article IX. it is agreed that those countries of the Union -whose legislation implicitly includes choregraphic works amongst dramatico-musical -works, expressly admit the former works to the benefits of the -Convention concluded this day.</p> - -<p>It is, however, understood that questions which may arise on the -application of this clause shall rest within the competence of the -respective Tribunals to decide.</p> - -<p>3. It is understood that the manufacture and sale of instruments -for the mechanical reproduction of musical airs which are copyright, -shall not be considered as constituting an infringement of musical copyright.</p> - -<p>4. <i>The common agreement alluded to in Article XIV. of the Convention -is established as follows:</i>—</p> - -<p><i>The application of the Convention to works which have not fallen into -the public domain at the time when it comes into force, shall operate according</i> -<span class="pagenum" id="Page_367">[367]</span> -<i>to the stipulations on this head which may be contained in special Conventions -either existing or to be concluded.</i></p> - -<p><i>In the absence of such stipulations between any countries of the Union, -the respective countries shall regulate, each for itself, by its domestic legislation, -the manner in which the principle contained in Article XIV. is to -be applied.</i></p> - -<p>5. The organisation of the International Office established in virtue -of Article XVI. of the Convention shall be fixed by a Regulation which -shall be drawn up by the Government of the Swiss Confederation.</p> - -<p>The official language of the International Office will be French.</p> - -<p>The International Office will collect all kinds of information relative -to the protection of the rights of authors over their literary and artistic -works. It will arrange and publish such information. It will study -questions of general utility likely to be of interest to the Union, and, by -the aid of documents placed at its disposal by the different Administrations, -will edit a periodical publication in the French language treating -questions which concern the Union. The Governments of the countries -of the Union reserve to themselves the faculty of authorising, by common -accord, the publication by the Office of an edition in one or more other -languages if experience should show this to be requisite.</p> - -<p>The International Office will always hold itself at the disposal of -members of the Union, with the view to furnish them with any special -information they may require relative to the protection of literary and -artistic works.</p> - -<p>The Administration of the country where a Conference is about to be -held, will prepare the programme of the Conference with the assistance -of the International Office.</p> - -<p>The Director of the International Office will attend the sittings of the -Conferences, and will take part in the discussions without a deliberative -voice. He will make an annual Report on his administration, which -shall be communicated to all the members of the Union.</p> - -<p>The expenses of the Office of the International Union shall be shared -by the Contracting States. Unless a fresh arrangement be made, they -cannot exceed a sum of 60,000 fr. a year. This sum may be increased -by the decision of one of the Conferences provided for in -Article XVII.</p> - -<p>The share of the total expense to be paid by each country shall be -determined by the division of the Contracting and acceding States into -six classes, each of which shall contribute in the proportion of a certain -number of units, viz.:</p> - -<table summary="Table of the share of the total expense to be paid by each country."> - <tr> - <td>First</td> - <td class="tdc">Class</td> - <td class="space"></td> - <td class="tdr">25</td> - <td class="tdc">units.</td> - </tr> - <tr> - <td>Second</td> - <td><span class="space">"</span></td> - <td class="space"></td> - <td class="tdr">20</td> - <td class="tdc">"</td> - </tr> - <tr> - <td>Third</td> - <td class="tdc">"</td> - <td class="space"></td> - <td class="tdr">15</td> - <td class="tdc">"</td> - </tr> - <tr> - <td>Fourth</td> - <td class="tdc">"</td> - <td class="space"></td> - <td class="tdr">10</td> - <td class="tdc">"</td> - </tr> - <tr> - <td>Fifth</td> - <td class="tdc">"</td> - <td class="space"></td> - <td class="tdr">5</td> - <td class="tdc">"</td> - </tr> - <tr> - <td>Sixth</td> - <td class="tdc">"</td> - <td class="space"></td> - <td class="tdr">3</td> - <td class="tdc">"</td> - </tr> -</table> - -<p>These co-efficients will be multiplied by the number of States of each -class, and the total product thus obtained will give the number of units -by which the total expense is to be divided. The quotient will give the -amount of the unity of expense. -<span class="pagenum" id="Page_368">[368]</span></p> - -<p>Each State will declare, at the time of its accession, in which of the -said classes it desires to be placed.</p> - -<p>The Swiss Administration will prepare the Budget of the Office, -superintend its expenditure, make the necessary advances, and draw up -the annual account, which shall be communicated to all the other Administrations.</p> - -<p>6. The next Conference shall be held at Paris between four and six -years from the date of the coming into force of the Convention.</p> - -<p>The French Government will fix the date within these limits after -having consulted the International Office.</p> - -<p>7. It is agreed that, as regards the exchange of ratifications contemplated -in Article XXI., each Contracting Party shall give a single -instrument, which shall be deposited, with those of the other States, in -the Government archives of the Swiss Confederation. Each party shall -receive in exchange a copy of the <i>procès-verbal</i> of the exchange of ratifications, -signed by the Plenipotentiaries present.</p> - -<p>The present Final Protocol, which shall be ratified with the Convention -concluded this day, shall be considered as forming an integral part -of the said Convention, and shall have the same force, effect, and -duration.</p> - -<p>In witness whereof the respective Plenipotentiaries have signed the -same.</p> - -<p>Done at Berne, the 9th day of September 1886.</p> - -<h4><i>Procès-verbal of Signature.</i></h4> - -<p>The undersigned Plenipotentiaries, assembled this day to proceed -with the signature of the Convention with reference to the creation of an -International Union for the protection of literary and artistic works, have -exchanged the following declarations:</p> - -<p>1. With reference to the accession of the Colonies or foreign possessions -provided for by Article XIX. of the Convention:</p> - -<p>The Plenipotentiaries of His Catholic Majesty the King of Spain -reserve to the Government the power of making known His Majesty's -decision at the time of the exchange of ratifications.</p> - -<p>The Plenipotentiary of the French Republic states that the accession -of his country carries with it that of all the French Colonies.</p> - -<p>The Plenipotentiaries of Her Britannic Majesty state that the accession -of Great Britain to the Convention for the protection of literary and -artistic works comprises the United Kingdom of Great Britain and Ireland, -and all the Colonies and foreign possessions of Her Britannic Majesty.</p> - -<p>At the same time they reserve to the Government of Her Britannic -Majesty the power of announcing at any time the separate denunciation -of the Convention by one or several of the following Colonies or possessions, -in the manner provided for by Article XX. of the Convention, -namely:</p> - -<p>India, the Dominion of Canada, Newfoundland, the Cape, Natal, New -South Wales, Victoria, Queensland, Tasmania, South Australia, Western -Australia, and New Zealand.</p> - -<p>2. With respect to the classification of the countries of the Union -having regard to their contributory part to the expenses of the International -Bureau (No. 5 of the Final Protocol): -<span class="pagenum" id="Page_369">[369]</span></p> - -<p>The Plenipotentiaries declare that their respective countries should be -ranked in the following classes, namely:</p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">Germany in the first class.</span> -<span class="i0">Belgium in the third class.</span> -<span class="i0">Spain in the second class.</span> -<span class="i0">France in the first class.</span> -<span class="i0">Great Britain in the first class.</span> -<span class="i0">Haiti in the fifth class.</span> -<span class="i0">Italy in the first class.</span> -<span class="i0">Switzerland in the third class.</span> -<span class="i0">Tunis in the sixth class.</span> -</div></div> -</div> - -<p>The Plenipotentiary of the Republic of Liberia states that the powers -which he has received from his Government authorise him to sign the -Convention, but that he has not received instructions as to the class in -which his country proposes to place itself with respect to the contribution -to the expenses of the International Bureau. He, therefore, reserves that -question to be determined by his Government, who will make known -their intention on the exchange of ratifications.</p> - -<p>In witness whereof, the respective Plenipotentiaries have signed the -present <i>procès-verbal</i>.</p> - -<p>Done at Berne, the 9th day of September 1886.</p> - -<h4><i>Procès-verbal recording Deposit of Ratifications.</i></h4> - -<p>In accordance with the stipulations of Article XXI., paragraph 1, of -the Convention for the creation of an International Union for the protection -of literary and artistic works, concluded at Berne on the 9th -September 1886, and in consequence of the invitation addressed to that -effect by the Swiss Federal Council to the Governments of the High Contracting -Parties, the Undersigned assembled this day in the Federal Palace -at Berne for the purpose of examining and depositing the ratifications -of:</p> - -<div class="poem"><div class="stanza"> -<span class="i0">Her Majesty the Queen of Great Britain and Ireland, Empress of India,</span> -<span class="i0">His Majesty the Emperor of Germany, King of Prussia,</span> -<span class="i0">His Majesty the King of the Belgians,</span> -<span class="i0">Her Majesty the Queen Regent of Spain, in the name of His Catholic Majesty the King of Spain,</span> -<span class="i0">The President of the French Republic,</span> -<span class="i0">The President of the Republic of Haiti,</span> -<span class="i0">His Majesty the King of Italy,</span> -<span class="i0">The Council of the Swiss Confederation,</span> -<span class="i0">His Highness the Bey of Tunis,</span> -</div></div> - -<p>to the said International Convention, followed by an Additional Article -and Final Protocol.</p> - -<p>The instruments of these acts of ratification having been produced and -found in good and due form, they have been delivered into the hands of -the President of the Swiss Confederation, to be deposited in the archives -of the Government of that country, in accordance with clause No. 7 of -the Final Protocol of the International Convention. -<span class="pagenum" id="Page_370">[370]</span></p> - -<p>In witness whereof the undersigned have drawn up the present <i>procès-verbal</i>, -to which they have affixed their signatures and the seals of their -arms.</p> - -<p>Done at Berne, the 5th September 1887, in nine copies, one of which -shall be deposited in the archives of the Swiss Confederation with the -instruments of ratification.</p> - -<table summary="Instruments of ratification."> - <tr> - <td>For Great Britain</td> - <td class="i4"></td> - <td>(L. S.)</td> - <td><span class="smcap">F. O. Adams.</span></td> - </tr> - <tr> - <td>For Germany</td> - <td class="i4"></td> - <td>(L. S.)</td> - <td><span class="smcap">Alfred von Bülow.</span></td> - </tr> - <tr> - <td>For Belgium</td> - <td class="i4"></td> - <td>(L. S.)</td> - <td><span class="smcap">Henry Loumyer.</span></td> - </tr> - <tr> - <td>For Spain</td> - <td class="i4"></td> - <td>(<span class="smcap">L. S.</span>)</td> - <td><span class="smcap">Comte de la Almina.</span></td> - </tr> - <tr> - <td>For France</td> - <td class="i4"></td> - <td>(L. S.)</td> - <td><span class="smcap">Emmanuel Arago.</span></td> - </tr> - <tr> - <td>For Haiti</td> - <td class="i4"></td> - <td>(L. S.)</td> - <td><span class="smcap">Louis-Joseph Janvier.</span></td> - </tr> - <tr> - <td>For Italy</td> - <td class="i4"></td> - <td>(L. S.)</td> - <td><span class="smcap">Fè.</span></td> - </tr> - <tr> - <td>For Switzerland</td> - <td class="i4"></td> - <td>(L. S.)</td> - <td><span class="smcap">Droz.</span></td> - </tr> - <tr> - <td>For Tunis</td> - <td class="i4"></td> - <td>(L. S.)</td> - <td><span class="smcap">H. Marchand.</span></td> - </tr> -</table> - -<h4><i>Protocol.</i></h4> - -<p>On proceeding to the signature of the <i>procès-verbal</i> recording the -deposit of the acts of ratification given by the High Parties Signatory to -the Convention of the 9th September 1886, for the creation of an International -Union for the protection of literary and artistic works, the -Minister of Spain renewed, in the name of his Government, the declaration -recorded in the <i>procès-verbal</i> of the Conference of the 9th September -1886, according to which the accession of Spain to the Convention includes -that of all the territories dependent upon the Spanish Crown.</p> - -<p>The Undersigned have taken note of this declaration.</p> - -<p>In witness whereof they have signed the present Protocol, done at -Berne, in nine copies, the 5th September 1887.</p> - -<h3>ORDER IN COUNCIL, <span class="smcap">November 28, 1887.</span></h3> - -<p class="hang"><span class="smcap">British Order in Council</span> giving effect to the International Copyright -Convention with Belgium, France, Germany, Haiti, Italy, Spain, -Switzerland, and Tunis, of September 9, 1886.</p> - -<p class="author">[Windsor, November 28, 1887.]</p> - -<p>Whereas the Convention, of which an English translation is set -out in the First Schedule to this Order, has been concluded between Her -Majesty the Queen of the United Kingdom of Great Britain and Ireland -and the foreign countries named in this Order, with respect to the -protection to be given by way of copyright to the authors of literary and -artistic works:</p> - -<p>And whereas the ratifications of the said Convention were exchanged -on the 5th September 1887, between Her Majesty the Queen and the -Governments of the foreign countries following, that is to say:</p> - -<p>Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis.</p> - -<p>And whereas Her Majesty in Council is satisfied that the foreign -countries named in this Order have made such provisions as it appears -to Her Majesty expedient to require for the protection of authors of works -first produced in Her Majesty's dominions. -<span class="pagenum" id="Page_371">[371]</span></p> - -<p>Now therefore Her Majesty, by and with the advice of Her Privy -Council, and by virtue of the authority committed to her by the International -Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered -as follows:</p> - -<p>1. The Convention as set forth in the First Schedule to this Order -shall as from the commencement of this Order have full effect throughout -Her Majesty's dominions, and all persons are enjoined to observe the -same.</p> - -<p>2. This Order shall extend to the foreign countries following, that is -to say<a id="FNanchor_1782" href="#Footnote_1782" class="fnanchor">[1782]</a>:</p> - -<p>Belgium, France, Germany, Haiti, Italy, Spain, Switzerland, Tunis.</p> - -<p>And the above countries are in this Order referred to as the foreign -countries of the Copyright Union, and those foreign countries, together -with Her Majesty's dominions, are in this Order referred to as the -countries of the Copyright Union.</p> - -<p>3. The author of a literary or artistic work which, on or after the -commencement of this Order, is first produced in one of the foreign -countries of the Copyright Union shall, subject as in this Order and in -the International Copyright Acts, 1844 to 1886, mentioned, have as -respects that work throughout Her Majesty's dominions the same right -of copyright, including any right capable of being conferred by an Order -in Council under section 2 or section 5 of the International Copyright -Act, 1844, or under any other enactment as if the work had been first -produced in the United Kingdom, and shall have such right during the -same period.</p> - -<p>Provided that the author of a literary or artistic work shall not have -any greater right or longer term of copyright therein than that which -he enjoys in the country in which the work is first produced.</p> - -<p>The author of any literary or artistic work first produced before the -commencement of this Order shall have the rights and remedies to which -he is entitled under section 6 of the International Copyright Act, 1886.</p> - -<p>4. <i>The rights conferred by the International Copyright Acts, 1844 to -1886, shall in the case of a literary or artistic work first produced in one of -the foreign countries of the Copyright Union by an author who is not a -subject or citizen of any of the said foreign countries, be limited as follows: -that is to say, the author shall not be entitled to take legal proceedings in Her -Majesty's dominions for protecting any copyright in such work, but the -publisher of such work shall, for the purpose of any legal proceedings in Her -Majesty's dominions for protecting any copyright in such work, be deemed to -be entitled to such copyright as if he were the author, but without prejudice -to the rights of such author and publisher as between themselves.</i></p> - -<p>5. A literary or artistic work first produced simultaneously in two or -more countries of the Copyright Union shall be deemed for the purpose -of copyright to have been first produced in that one of those countries -in which the term of copyright in the work is shortest.<span class="pagenum" id="Page_372">[372]</span> -</p> -<p>6. Section 6 of the International Copyright Act, 1852, shall not apply -to any dramatic piece to which protection is extended by virtue of this -Order.</p> - -<p>7. The Orders mentioned in the Second Schedule to this Order are -hereby revoked<a id="FNanchor_1783" href="#Footnote_1783" class="fnanchor">[1783]</a>: Provided that neither such revocation, nor anything -else in this Order, shall prejudicially affect any right acquired or accrued -before the commencement of this Order by virtue of any Order hereby -revoked, and any person entitled to such right shall continue entitled -thereto and to the remedies for the same, in like manner as if this Order -had not been made.</p> - -<p>8. This Order shall be construed as if it formed part of the International -Copyright Act, 1886.</p> - -<p>9. This Order shall come into operation on December 6, 1887, which -day is in this Order referred to as the commencement of this Order.</p> - -<p>And the Lords Commissioners of Her Majesty's Treasury are to give -necessary orders herein accordingly.</p> - -<h3>FIRST SCHEDULE.<br /> - -[<span class="smcap">Berne Convention, 1886, with Additional Article and -Final Protocol.</span>]</h3> - -<h3>SECOND SCHEDULE.<br /> - -<span class="smcap">Orders in Council Revoked.</span></h3> - -<p>Orders in Council, of the dates named below, for securing the privileges -of copyright in Her Majesty's dominions to authors of works of -literature, and the fine arts, and dramatic pieces, and musical compositions -first produced in the following foreign countries, namely:</p> - -<table class="list" summary="Orders in Council Revoked."> - <tr> - <th class="bt bb br">Foreign Country.</th> - <th class="bt bb">Date of Entry.</th> - </tr> - <tr> - <td class="br">Prussia</td> - <td>27th August 1846</td> - </tr> - <tr> - <td class="br">Saxony</td> - <td>26th September 1846</td> - </tr> - <tr> - <td class="br">Brunswick</td> - <td>24th April 1847</td> - </tr> - <tr> - <td class="br">The States of the Thuringian Union</td> - <td>10th August 1847</td> - </tr> - <tr> - <td class="br">Hanover</td> - <td>30th October 1847</td> - </tr> - <tr> - <td class="br">Oldenburg</td> - <td>11th February 1848</td> - </tr> - <tr> - <td class="br">France</td> - <td>10th January 1852</td> - </tr> - <tr> - <td class="br">Anhalt Dessau and Anhalt Bernbourg</td> - <td>11th March 1853</td> - </tr> - <tr> - <td class="br">Hamburg</td> - <td>25th November 1853, and 8th July 1855</td> - </tr> - <tr> - <td class="br">Belgium</td> - <td>8th February 1855</td> - </tr> - <tr> - <td class="br">Prussia, Saxony, Saxe-Weimar</td> - <td>19th October 1855</td> - </tr> - <tr> - <td class="br">Spain</td> - <td>24th September 1857, and 20th November 1880</td> - </tr> - <tr> - <td class="br">The States of Sardinia</td> - <td>4th February 1861</td> - </tr> - <tr> - <td class="br">Hesse-Darmstadt</td> - <td>5th February 1862</td> - </tr> - <tr> - <td class="br">Italy</td> - <td>9th September 1865</td> - </tr> - <tr> - <td class="bb br">German Empire</td> - <td class="bb">24th September 1886</td> - </tr> -</table> - -<p><span class="pagenum" id="Page_373">[373]</span></p> - -<p>The Order in Council of 5th August 1875, revoking the application of -Section 6 of 15 & 16 Vict. c. 12 to dramatic pieces referred to in the -Order in Council of 10th January 1852 with respect to works first -published in France.</p> - -<h3>THE ADDITIONAL ACT OF PARIS, 1896.</h3> - -<h4><span class="smcap">Article I.</span></h4> - -<p>The International Convention of the 9th September 1886, is modified -as follows:</p> - -<p>1. Article II.—The first paragraph of Article II. shall run as -follows:</p> - -<blockquote> - -<p>"Authors belonging to any one of the countries of the Union, or -their lawful representatives, shall enjoy in the other countries for -their works, whether unpublished, or published for the first time in -one of those countries, the rights which the respective laws do now -or shall hereafter grant to nationals."</p></blockquote> - -<p>A fifth paragraph is added in these terms:</p> - -<blockquote> - -<p class="i2">"Posthumous works are included among those to be protected."</p></blockquote> - -<p>2. Article III.—Article III. shall run as follows:</p> - -<blockquote> - -<p>"Authors not belonging to one of the countries of the Union, -who shall have published or caused to be published for the first time -their literary or artistic works in a country which is a party to the -Union, shall enjoy, in respect of such works, the protection accorded -by the Berne Convention, and by the present Additional Act."</p></blockquote> - -<p>3. Article V.—The first paragraph of Article V. shall run as follows:</p> - -<blockquote> - -<p>"Authors belonging to any one of the countries of the Union, or -their lawful representatives, shall enjoy in the other countries the -exclusive right of making or authorising the translation of their works -during the entire period of their right over the original work. Nevertheless, -the exclusive right of translation shall cease to exist if the -author shall not have availed himself of it, during a period of ten -years from the date of the first publication of the original work, by -publishing or causing to be published in one of the countries of the -Union, a translation in the language for which protection is to be -claimed."</p></blockquote> - -<p>4. Article VII.—Article VII. shall run as follows:</p> - -<blockquote> - -<p>"Serial stories, including tales, published in the newspapers or -periodicals of one of the countries of the Union, may not be reproduced, -in original or translation, in the other countries, without -the sanction of the authors or of their lawful representatives.</p> - -<p>"This stipulation shall apply equally to other articles in newspapers -or periodicals, when the authors or editors shall have -expressly declared in the newspaper or periodical itself in which they -shall have been published that the right of reproduction is prohibited. -<span class="pagenum" id="Page_374">[374]</span> -In the case of periodicals it shall suffice if such prohibition be -indicated in general terms at the beginning of each number.</p> - -<p>"In the absence of prohibition, such articles may be reproduced -on condition that the source is acknowledged.</p> - -<p>"In any case, the prohibition shall not apply to articles on political -questions, to the news of the day, or to miscellaneous information."</p></blockquote> - -<p>5. Article XII.—Article XII. shall run as follows:</p> - -<blockquote> - -<p>"Pirated works may be seized by the competent authorities of -the countries of the Union where the original work is entitled to -legal protection.</p> - -<p>"The seizure shall take place conformably to the domestic law of -each State."</p></blockquote> - -<p>6. Article XX. The second paragraph of Article XX. shall run as -follows:</p> - -<blockquote> - -<p>"Such denunciation shall be made to the Government of the -Swiss Confederation. It shall only be effective as regards the -country making it, the Convention remaining in full force and effect -for the other countries of the Union."</p></blockquote> - -<h4><span class="smcap">Article II.</span></h4> - -<p>The final Protocol annexed to the Convention of the 9th September -1886, is modified as follows:</p> - -<blockquote> - -<p>1. No. 1.—This clause shall run as follows:</p> - -<p>"As regards Article IV., it is agreed as follows:</p> - -<p>"(A.) In countries of the Union where protection is accorded not -only to architectural plans, but also to the architectural works themselves, -these works shall be admitted to the benefits of the Berne -Convention and of the present Additional Act.</p> - -<p>"(B.) Photographic works and works produced by an analogous -process shall be admitted to the benefits of these engagements in so -far as the laws of each State may permit, and to the extent of the -protection accorded by such laws to similar national works.</p> - -<p>"It is understood that an authorised photograph of a work of art -shall enjoy legal protection in all the countries of the Union, as -contemplated by the Berne Convention and by the present Additional -Act, for the same period as the principal right of reproduction of the -work itself subsists, and within the limits of private arrangements -between those who have legal rights."</p> - -<p>2. No. 4.—This clause shall run as follows:</p> - -<p>"The common agreement contemplated in Article XIV. of the -Convention is established as follows:</p> - -<p>"The application of the Berne Convention and of the present -Additional Act to works which have not fallen into the public -domain within the country of origin at the time when these engagements -come into force, shall operate according to such stipulations on -this head as may be contained in special Conventions either actually -existing or to be concluded hereafter. -<span class="pagenum" id="Page_375">[375]</span></p> - -<p>"In the absence of such stipulations between any of the countries -of the Union, the respective countries shall regulate, each for itself, -by its domestic legislation, the manner in which the principle contained -in Article XIV. is to be applied.</p> - -<p>"The stipulations of Article XIV. of the Berne Convention and -of the present clause of the Final Protocol shall apply equally to the -exclusive right of translation, in so far as such right is established by -the present Additional Act.</p> - -<p>"The temporary stipulations noted above shall be applicable to -countries which may hereafter accede to the Union."</p></blockquote> - -<h4><span class="smcap">Article III.</span></h4> - -<p>The countries of the Union which are not parties to the present -Additional Act, shall at any time be allowed to accede thereto on their -request to that effect. This stipulation shall apply equally to countries -which may hereafter accede to the Convention of the 9th September -1886. It will suffice for this purpose that such accession should be -notified in writing to the Swiss Federal Council, who shall in turn -communicate it to the other Governments.</p> - -<h4><span class="smcap">Article IV.</span></h4> - -<p>The present Additional Act shall have the same force and duration as -the Convention of the 9th September 1886.</p> - -<p>It shall be ratified, and the ratifications shall be exchanged at Paris, -in the manner adopted in the case of that Convention, as soon as possible, -and within the space of one year at the latest.</p> - -<p>It shall come into force as regards those countries which shall have -ratified it three months after such exchange of ratifications.</p> - -<p>In witness whereof the respective Plenipotentiaries have signed the -same, and have affixed thereto the seal of their arms.</p> - -<p>Done at Paris in a single transcript, the 4th May 1896.</p> - -<h4><i>Procès-Verbal recording Deposit of Ratification.</i></h4> - -<p>Circumstances having prevented action being taken within the period -of delay originally fixed for the exchange of the ratifications of the -Additional Act of the 4th May 1896, modifying Articles II., III., V., VII., -XII., and XX. of the Convention of the 9th September 1886, and clauses -1 and 4 of the Final Protocol annexed thereto, as well as of the -Declaration interpreting certain stipulations of the Convention of Berne -of the 9th September 1886, and of the Additional Act signed at Paris on -the 4th May 1896, it has been unanimously agreed that that period -should be prolonged until this day.</p> - -<p>In consequence whereof the Undersigned have met together in order -to deposit the instruments in question.</p> - -<p>Germany, Belgium, Spain, France, Italy, Luxembourg, Monaco, -Montenegro, Switzerland, and Tunis have ratified both engagements.</p> - -<p>Great Britain has ratified the Additional Act alone, on behalf -of the United Kingdom, as well as of all the British Colonies and -Possessions.</p> - -<p>Norway has only ratified the interpretative Declaration. -<span class="pagenum" id="Page_376">[376]</span></p> - -<p>The respective ratifications having been produced and found to be in -good and due form, have been handed to the French Minister for -Foreign Affairs, in order that they may be deposited in the archives -of the Ministry, such deposit to be held equivalent to an exchange of -ratifications.</p> - -<p>In faith of which the Undersigned have prepared the present Record -of deposit, to which they have affixed their seals.</p> - -<p>Done at Paris, the 9th September 1897.</p> - -<table summary="Recording of Ratification."> -<tr> -<td class="tdc" colspan="3">For Germany:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">Von Müller</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Belgium:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4">Baron <span class="smcap">Alb. Fallon</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Spain:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4">Le Marquis <span class="smcap">De Novallas</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For France:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">G. Hanotaux</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Great Britain:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">Edmund Monson</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Italy:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">G. Tornielli</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Luxembourg:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">Eugène Louis Bastin</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Monaco:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">J. Depelley</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Montenegro:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">H. Marcel</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Norway:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4">Comte <span class="smcap">Wrangel</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Switzerland:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">Duplan</span>.</td> -</tr> -<tr> -<td class="tdc" colspan="3">For Tunis:</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">Renault</span>.</td> -</tr> -<tr> -<td colspan="3">Certified to be a correct copy.</td> -</tr> -<tr> -<td class="i4">(<span class="smcap">L. S.</span>)</td> -<td class="i4">(Signed)</td> -<td class="i4"><span class="smcap">Ph. Crosier</span> -<i>Minister Plenipotentiary</i>,<br /> -<i>Chef du Service du Protocole</i>.</td> -</tr> -</table> - -<h3>ORDER IN COUNCIL, <small><span class="smcap">March</span> 7, 1898.</small></h3> - -<p>Whereas, &c. (Preamble recites the Berne Convention, 1886, Order -in Council November 28, 1887, other Orders in Council affecting countries -subsequently acceding, and the Additional Act of Paris.)</p> - -<p>And whereas Her Majesty in Council is satisfied that the foreign -countries named in the body of this Order and parties to the said -Additional Act have made such provisions as it appears to Her Majesty -expedient to require for the protection of authors of works first produced -in Her Majesty's dominions:</p> - -<p>Now therefore Her Majesty, by and with the advice of Her Privy -Council and by virtue of the authority committed to Her by the International -Copyright Acts, 1844 to 1886, doth order, and it is hereby ordered -as follows: -<span class="pagenum" id="Page_377">[377]</span></p> - -<p>(1.) The Additional Act of the Berne Convention set forth in the -Schedule to this Order shall as from the commencement of this Order -have full effect throughout Her Majesty's dominions, and all persons are -enjoined to observe the same.</p> - -<p>(2.) This Order shall extend to the foreign countries following, that is -to say:<a id="FNanchor_1784" href="#Footnote_1784" class="fnanchor">[1784]</a></p> - -<div class="poetry"> -<div class="poem"><div class="stanza"> -<span class="i0">Germany,</span> -<span class="i0">Belgium,</span> -<span class="i0">Spain,</span> -<span class="i0">France,</span> -<span class="i0">Italy,</span> -<span class="i0">Luxembourg,</span> -<span class="i0">Monaco,</span> -<span class="i0">Montenegro,</span> -<span class="i0">Switzerland, and</span> -<span class="i0">Tunis.</span> -</div></div> -</div> - -<p>(3.) The fourth article of the Order in Council of November 28, -1887, shall as from the commencement of this Order cease to apply to -the foreign countries to which this Order extends:</p> - -<p>(4.) The Order in Council of November 28, 1887, shall continue to be -of full force and effect save in so far as the same is varied by this Order.</p> - -<p>(5.) Nothing contained in this Order shall prejudicially affect any -right acquired or accrued before the commencement of this Order by -virtue of the said Order in Council of November 28, 1887, or otherwise, -and any person entitled to such right shall continue entitled thereto and -to the remedies for the same in like manner as if this Order had not been -made.</p> - -<p>(6.) The author of any literary or artistic work first produced before the -commencement of this Order shall have the rights and remedies to which -he is entitled under section 6 of The International Copyright Act, 1886.</p> - -<p>(7.) This Order shall be construed as if it formed part of The International -Copyright Act, 1886.</p> - -<p>(8.) This Order shall come into operation on the date hereof, which day -is in this Order referred to as the commencement of this Order.</p> - -<p>And the Lords Commissioners of Her Majesty's Treasury are to give -the necessary orders herein accordingly.</p> - -<h3>TREASURY MINUTE</h3> - -<h3>TREASURY MINUTE<a id="FNanchor_1785" href="#Footnote_1785" class="fnanchor">[1785]</a> <span class="smcap">Dealing with the Copyright in Government -Publications, August 31, 1887</span>.</h3> - -<p>My Lords take into consideration the correspondence which has passed -between the Treasury and the Stationery Office on the subject of Copyright -in Government publications.<span class="pagenum" id="Page_378">[378]</span> -</p> -<p>The law gives to the Crown, or the assignee of the Crown, the same -right of copyright as to a private individual. Consequently, if a servant of -the Crown, in the course of his duty for which he is paid, composes any -document, or if a person is specially employed and paid by the Crown for -the purpose of composing any document, the copyright in the document -belongs to the Crown as it would in the case of a private employer.</p> - -<p>The majority of publications issued under the authority of the -Government have no resemblance to the works published by private -publishers, and are published for the information of the public and for -public use, in such manner as any one of the public may wish, and it is -desirable that the knowledge of their contents should be diffused as widely -as possible.</p> - -<p>In other cases the Government publishes at considerable cost works in -which few persons only are interested, but which are published for the -purpose of promoting literature and science.</p> - -<p>These works are of precisely the same character as those published by -private enterprise.</p> - -<p>In order to prevent an undue burden being thrown on the taxpayer by -these works, and to enable the Government to continue the publication -of works of this character to the same extent as heretofore, it is necessary -to place them, as regards copyright, in the same position as publications -by private publishers. If the reproduction of them, or of the most -popular portions of them, by private publishers, is permitted, the private -publisher will be able to put into his own pocket the profits of the work, -which ought to go in relief of the general public, the taxpayers.</p> - -<p>The question, then, is, what are the classes of works the reproduction -of which is to be restricted, or to be left unrestricted?</p> - -<p>Government publications may be classified as follows:</p> - -<blockquote> - -<p>(1.) Reports of Select Committees of the two Houses of Parliament, -or of Royal Commissions.</p> - -<p>(2.) Papers required by Statute to be laid before Parliament, -<i>e. g.</i>, Orders in Council, Rules made by Government Departments, -Accounts, Reports of Government Inspectors.</p> - -<p>(3.) Papers laid before Parliament by Command, <i>e. g.</i>, Treaties, -Diplomatic Correspondence, Reports from Consuls and Secretaries -of Legation, Reports of Inquiries into Explosions or Accidents, -and other Special Reports made to Government Departments.</p> - -<p>(4.) Acts of Parliament.</p> - -<p>(5.) Official books, <i>e. g.</i>, Queen's Regulations for the Army or -Navy.</p> - -<p>(6.) Literary or quasi-literary works, <i>e. g.</i>, the Reports of the -<i>Challenger</i> Expedition, the Rolls Publication, the forthcoming -State Trials, the "Board of Trade Journal."</p> - -<p>(7.) Charts and Ordnance Maps.</p></blockquote> - -<p>As respects the first five classes of publications, the reproduction of -them, with certain exceptions, should not be restricted in any form -whatever. Indeed, in most cases it is desirable that they should be made -known to the public as widely as possible.</p> - -<p>The first exception is, that Acts of Parliament and official books -should not, except when published under the authority of the Government, -purport on the face of them to be published by authority. -<span class="pagenum" id="Page_379">[379]</span></p> - -<p>The second exception is, where a work of a literary or quasi-literary -character comes accidentally within these classes. For example, the -Reports of the Historical Manuscripts Commission would, but for the fact -that they were produced under the direction of a Commission instead -of under the Master of the Rolls, be published in the ordinary manner -like the Rolls publications, and come within Class 6.</p> - -<p>So, again, a Report to a Government Department may be laid before -Parliament made by a person of eminent scientific knowledge who is -willing to give the Government and the public the advantage of his knowledge, -but not to allow it to be reproduced for the private benefit of an -individual publisher. Mr. Whitehead's Reports on Injurious Insects are -an instance of this case.</p> - -<p>Other exceptions will, no doubt, from time to time occur, which can -only be dealt with as they arise.</p> - -<p>As regards the sixth and seventh classes above mentioned, it seems -desirable that the copyright in them should be enforced in the interests of -the taxpayer, and of literature and science. For, as pointed out above, -unless copyright is enforced, cheap copies of the works, or of the popular -portion of them, can be produced by private publishers, who reap the -profit at the expense of the taxpayer. And as such works are in any case -a burden on the taxpayer, the greater the burden the fewer works can the -Government, with justice to the taxpayer, undertake.</p> - -<p>Notice of the intention to enforce the copyright in any work should be -given to the public. In the case of future works this notice can be given -by prefixing to the work a notice to the effect that the rights of copyright -are reserved. In the case of past works it will be desirable to inform the -publishing trade of the works the reproduction of which, without -permission, is forbidden.</p> - -<p>As respects Acts of Parliament, the Government, in obedience to the -wishes of Parliament expressed by Select Committees, are bound to -publish an edition of them by authority as cheaply as practicable, -and a nearly similar remark applies to official publications. For this -purpose the Comptroller of the Stationery Office shall be appointed Her -Majesty's Printer, but care will be taken not to infringe on any existing -privileges granted by the Crown.</p> - -<p>Let instructions be given to the Comptroller of the Stationery Office -and to the Solicitor in pursuance of this Minute.</p> - -<h3>AMERICAN STATUTES</h3> - -<h3>REVISED STATUTES, 1874.</h3> - -<h4><span class="smcap">Title</span> lx. c. 3. [Approved June 22, 1874.]</h4> - -<div class="sidenote">Copyrights -to be under -charge of -Librarian -of Congress.</div> - -<p><span class="smcap">Sec.</span> 4948. All records and other things relating to copyrights and -required by law to be preserved shall be under the control of the Librarian -of Congress, and kept and preserved in the Library of Congress; and the -Librarian of Congress shall have the immediate care and supervision -thereof, and, under the supervision of the joint committee of Congress on -the Library, shall perform all acts and duties required by law touching -copyrights. -<span class="pagenum" id="Page_380">[380]</span></p> - -<div class="sidenote">Seal of -Office.</div> - -<p><span class="smcap">Sec.</span> 4949. The seal provided for the office of the Librarian of -Congress shall be the seal thereof, and by it all records and papers issued -from the office and to be used in evidence shall be authenticated.</p> - -<div class="sidenote">Bond of -Librarian.</div> - -<p><span class="smcap">Sec.</span> 4950. The Librarian of Congress shall give a bond, with -sureties, to the Treasurer of the United States, in the sum of five -thousand dollars, with the condition that he will render to the proper -officers of the Treasury a true account of all monies received by virtue -of his office.</p> - -<div class="sidenote">Annual -Report.</div> - -<p><span class="smcap">Sec.</span> 4951. The Librarian of Congress shall make an annual report -to Congress of the number and description of copyright publications for -which entries have been made during the year.</p> - -<div class="sidenote">What publications -may be entered -for -Copyright.</div> - -<p><span class="smcap">sec.</span> 4952. <i>Any Citizen of the United States or resident therein who -shall be the author, inventor, designer, or proprietor of any book, map, chart, -dramatic or musical composition, engraving, cut, print,<a id="FNanchor_1786" href="#Footnote_1786" class="fnanchor">[1786]</a> or photograph or -negative thereof, or of a painting, drawing, chromo, statue, statuary, or of -models or designs intended to be perfected as works of the fine arts, and the -executors, administrators, or assigns of any such person shall, upon complying -with the provisions of this chapter, have the sole liberty of printing, -reprinting, publishing, completing, copying, executing, finishing, and vending, -the same; and in the case of a dramatic composition of publicly performing -or representing it, or causing it to be performed or represented by others. -And authors may reserve the right to dramatize or to translate their own -works.</i><a id="FNanchor_1787" href="#Footnote_1787" class="fnanchor">[1787]</a></p> - -<div class="sidenote">Term of -Copyrights.</div> - -<p><span class="smcap">Sec.</span> 4953. Copyrights shall be granted for the term of twenty-eight -years from the time of recording the title thereof, in the manner hereinafter -directed.</p> - -<div class="sidenote">Continuance -of -Term.</div> - -<p><span class="smcap">Sec.</span> 4954. <i>The author, inventor, or designer, if he be still living and -a citizen of the United States or resident therein, or his widow or children, -if he be dead, shall have the same exclusive right continued for the further -term of fourteen years, upon recording the title of the work or description of -the article so secured a second time, and complying with all other regulations -in regard to original copyrights, within six months before the expiration of -the first term. And such person shall, within two months from the date of -said renewal, cause a copy of the record thereof to be published in one or more -newspapers, printed in the United States, for the space of four weeks.</i><a id="FNanchor_1788" href="#Footnote_1788" class="fnanchor">[1788]</a></p> - -<div class="sidenote">Assignment -of -Copyrights -and recording.</div> - -<p><span class="smcap">Sec.</span> 4955. Copyrights shall be assignable in law by any instrument -of writing, and such assignment shall be recorded in the office of the -Librarian of Congress within sixty days after its execution; in default of -which it shall be void as against any subsequent purchaser, or mortgagee -for a valuable consideration, without notice.</p> - -<div class="sidenote">Deposit of -title and -published -copies.</div> - -<p><span class="smcap">Sec.</span> 4956. <i>No person shall be entitled to a copyright unless he shall, -before publication, deliver at the office of the Librarian of Congress, or -deposit in the mail addressed to the Librarian of Congress at Washington, -District of Columbia, a printed copy of the title of the book or other article, -or a description of the painting, drawing, chromo, statue, statuary, or a -model or design for a work of the fine arts, for which he desires a copyright, -nor unless he shall also within ten days from the publication thereof<a id="FNanchor_1789" href="#Footnote_1789" class="fnanchor">[1789]</a> deliver</i><span class="pagenum" id="Page_381">[381]</span> -<i>at the office of the Librarian of Congress or deposit in the mail addressed to -the Librarian of Congress at Washington, District of Columbia, two copies -of such copyright book or other article, or in case of a painting, drawing, -statue, statuary, model, or design for a work of the fine arts, a photograph -of the same.</i><a id="FNanchor_1790" href="#Footnote_1790" class="fnanchor">[1790]</a></p> - -<div class="sidenote">Record of -entry and -attested -copy</div> - -<p><span class="smcap">Sec.</span> 4957. The Librarian of Congress shall record the name of -such copyright book or other article forthwith, in a book to be kept for -that purpose, in the words following: "Library of Congress, to wit: Be -it remembered that on the <span class="i10">day</span> of <span class="i4">A. B.,</span> of <span class="i4">hath</span> deposited -in this office the title of a book (map, chart, or otherwise as the -case may be, or a description of the article), the title or description of -which is in the following words, to wit: (here insert the title or description) -the right whereof he claims as author (originator or proprietor as the case -may be) in conformity with the laws of the United States respecting -copyrights. C. D., Librarian of Congress." And he shall give a copy -of the title or description, under the seal of the Librarian of Congress, -to the proprietor whenever he shall require it.</p> - -<div class="sidenote">Fees.</div> - -<p><span class="smcap">Sec.</span> 4958. <i>The Librarian of Congress shall receive from the persons to -whom the services designated are rendered the following fees</i>:</p> - -<blockquote> - -<p><i>First. For recording the title or description of any copyright book or -other article, fifty cents.</i></p> - -<p><i>Second. For every copy under seal of such record actually given to the -person claiming the copyright, or his assigns, fifty cents.</i></p> - -<p><i>Third. For recording any instrument of writing for the assignment of a -copyright, fifteen cents for every one hundred words.</i><a id="FNanchor_1791" href="#Footnote_1791" class="fnanchor">[1791]</a></p> - -<p><i>All fees so received shall be paid into the Treasury of the United States.</i><a id="FNanchor_1792" href="#Footnote_1792" class="fnanchor">[1792]</a></p></blockquote> - -<div class="sidenote">Copies of -Copyright -works to be -furnished -to Librarian -of -Congress.</div> - -<p><span class="smcap">Sec.</span> 4959. <i>The proprietor of every copyright book or other article shall -deliver at the office of the Librarian of Congress, or deposit in the mail -addressed to the Librarian of Congress at Washington, District of Columbia, -within ten days after its publication, two complete printed copies thereof, of -the best edition issued, or description or photograph of such article as hereinbefore -required, and a copy of every subsequent edition wherein any substantial -changes shall be made</i>.<a id="FNanchor_1793" href="#Footnote_1793" class="fnanchor">[1793]</a></p> - -<div class="sidenote">Penalty for -omission</div> - -<p><span class="smcap">Sec.</span> 4960. For every failure on the part of the proprietor of any -copyright to deliver or deposit in the mail either of the published copies -or description or photograph, required by sections 4956 and 4959, the -proprietor of the copyright shall be liable to a penalty of twenty-five -dollars, to be recovered by the Librarian of Congress, in the name of the -United States, in an action in the nature of an action of debt in any -district court of the United States, within the jurisdiction of which the -delinquent may reside or be found.</p> - -<div class="sidenote">Postmasters -to give -receipts.</div> - -<p><span class="smcap">Sec.</span> 4961. The postmaster to whom such copyright book, title, or -other article is delivered, shall, if requested, give a receipt therefor; and -when so delivered he shall mail it to its destination.</p> - -<div class="sidenote">Publication -of notice of -entry for -Copyright -prescribed.</div> - -<p><span class="smcap">Sec.</span> 4962. No person shall maintain an action for the infringement -of his copyright unless he shall give notice thereof by inserting in the -several copies of every edition published, on the title-page or the page -immediately following, if it be a book; or if a map, chart, musical -<span class="pagenum" id="Page_382">[382]</span> -composition, print, cut, engraving, photograph, painting, drawing, chromo, -statue, statuary, or model or design intended to be perfected and completed -as a work of the fine arts, by inscribing <i>upon some portion of the -face or front thereof, or on the face of the substance on which the same shall -be mounted</i>,<a id="FNanchor_1794" href="#Footnote_1794" class="fnanchor">[1794]</a> the following words, "Entered according to Act of Congress, -in the year <span class="i10">,</span> by A. B., in the office of the Librarian of Congress -at Washington."<a id="FNanchor_1795" href="#Footnote_1795" class="fnanchor">[1795]</a></p> - -<div class="sidenote">Penalty for -false publication -of -notice of -entry.</div> - -<p><span class="smcap">Sec.</span> 4963. <i>Every person who shall insert or impress such notice or -words of the same purport, in or upon any book, map, chart, musical -composition, print, cut, engraving, or photograph, or other article for which he -has not obtained a copyright, shall be liable to a penalty of one hundred -dollars, recoverable one-half by the person who shall sue for such penalty, and -one-half to the use of the United States.</i><a id="FNanchor_1796" href="#Footnote_1796" class="fnanchor">[1796]</a></p> - -<div class="sidenote">Damages -for violation -of -Copyright -of books.</div> - -<p><span class="smcap">Sec.</span> 4964. <i>Every person who after the recording of the title of any book -as provided by this chapter shall, within the term limited and without the -consent of the proprietor of the copyright first obtained in writing, signed in -presence of two or more witnesses, print, publish, or import, or, knowing the -same to be so printed, published, or imported, shall sell or expose to sale any -copy of such book, shall forfeit every copy thereof to such proprietor, and shall -also forfeit and pay such damages as may be recovered in a civil action by -such proprietor in any court of competent jurisdiction.</i><a id="FNanchor_1797" href="#Footnote_1797" class="fnanchor">[1797]</a></p> - -<div class="sidenote">For violating -Copyright -of -maps, -charts, -prints, &c.</div> - -<p><span class="smcap">Sec.</span> 4965. <i>If any person after the recording of the title of any map, -chart, musical composition, print, cut, engraving, or photograph, or chromo, -or of the description of any painting, drawing, statue, statuary, or model, or -design intended to be perfected and executed as a work of the fine arts, as -provided by this chapter shall, within the term limited and without the -consent of the proprietor of the copyright first obtained in writing, signed in -presence of two or more witnesses, engrave, etch, work, copy, print, publish, -or import, either in whole or in part, or by varying the main design with -intent to evade the law, or, knowing the same to be so printed, published, or -imported, shall sell or expose to sale any copy of such maps or other article, -as aforesaid, he shall forfeit to the proprietor all the plates on which the -same shall be copied, and every sheet thereof either copied or printed, and -shall further forfeit one dollar for every sheet of the same found in his -possession, either printing, printed, copied, published, imported, or exposed -for sale; and in case of a painting, statue, or statuary he shall forfeit ten -dollars for every copy of the same in his possession, or by him sold or exposed -for sale; one-half thereof to the proprietor, and the other half to the use of -the United States.</i><a id="FNanchor_1798" href="#Footnote_1798" class="fnanchor">[1798]</a></p> - -<div class="sidenote">For violating -Copyright -of -dramatic -compositions.</div> - -<p><span class="smcap">Sec.</span> 4966. <i>Any person publicly performing or representing any dramatic -composition for which a copyright has been obtained without the consent of -the proprietor thereof or his heirs or assigns, shall be liable for damages -therefor, such damages in all cases to be assessed at such sum, not less than</i><span class="pagenum" id="Page_383">[383]</span> -<i>one hundred dollars for the first, and fifty dollars for every subsequent -performance, as to the court shall appear to be just.</i><a id="FNanchor_1799" href="#Footnote_1799" class="fnanchor">[1799]</a></p> - -<div class="sidenote">Damages -for printing -or publishing -any -manuscript -without -consent of -author, &c.</div> - -<p><span class="smcap">Sec.</span> 4967. <i>Every person who shall print or publish any manuscript -whatever without the consent of the author or proprietor first obtained, if -such author or proprietor is a citizen of the United States, or resident therein, -shall be liable to the author or proprietor for all damages occasioned by such -injury.</i><a id="FNanchor_1800" href="#Footnote_1800" class="fnanchor">[1800]</a></p> - -<div class="sidenote">Limitation -of action in -Copyright -cases.</div> - -<p><span class="smcap">Sec.</span> 4968. No action shall be maintained in any case of forfeiture -or penalty under the copyright laws unless the same is commenced within -two years after the cause of action has arisen.</p> - -<div class="sidenote">Defences -to action in -Copyright -cases.</div> - -<p><span class="smcap">Sec.</span> 4969. In all actions arising under the laws respecting copyrights, -the defendant may plead the general issue, and give the special matter in -evidence.</p> - -<div class="sidenote">Injunctions -in -Copyright -cases.</div> - -<p><span class="smcap">Sec.</span> 4970. The circuit courts, and district courts having the jurisdiction -of circuit courts, shall have power upon bill in equity, filed by any -party aggrieved, to grant injunctions to prevent the violation of any right -secured by the laws respecting copyrights, according to the course and -principles of courts of equity on such terms as the courts may deem -reasonable.</p> - -<div class="sidenote">Aliens and -non-residents -not -privileged.</div> - -<p><span class="smcap">Sec.</span> 4971. <i>Nothing in this chapter shall be construed to prohibit the -printing, publishing, importation, or sale of any book, map, chart, dramatic -or musical composition, print, cut, engraving or photograph, written, composed, -or made by any person not a citizen of the United States nor resident -therein.</i><a id="FNanchor_1801" href="#Footnote_1801" class="fnanchor">[1801]</a></p> - -<div class="sidenote">Writs of -error and -appeals -without -reference -to amount.</div> - -<p><span class="smcap">Sec.</span> 699. A writ of error may be allowed to review any final judgment -at law, and an appeal shall be allowed from any final decree in equity -hereinafter mentioned without regard to the sum or value in dispute.</p> - -<p>First. By final judgment at law or final decree in equity of any circuit -court, or of any district court acting as a circuit court, or of the Supreme -Court of the District of Columbia, or of any Territory, in any case touching -patent rights or copyrights.</p> - -<div class="sidenote">Exclusive -jurisdiction -of Courts -of United -States.</div> - -<p><span class="smcap">Sec.</span> 711. The jurisdiction vested in the courts of the United States -in the cases and proceedings hereinafter mentioned, shall be exclusive of -the courts of the several States.</p> - -<p>Fifth. Of all cases arising under the patent-right or copyright laws of -the United States.</p> - -<div class="sidenote">Full costs -allowed.</div> - -<p><span class="smcap">Sec.</span> 972. In all recoveries under the copyright laws either for -damages, forfeitures, or penalties, full costs shall be allowed thereon.</p> - -<div class="sidenote">Copyrights -vest in -Assignee -in bankruptcy.</div> - -<p><span class="smcap">Sec.</span> 5046. All ... patent rights, and copyrights ... shall in virtue -of the adjudication of bankruptcy and the appointment of an assignee -... be at once vested in such assignee.</p> - -<div class="sidenote">Repeal of -Acts.</div> - -<p><span class="smcap">Sec.</span> 5596. All Acts of Congress passed prior to December 1, 1873, -any portion of which is embraced in any section of the Revised Statutes, -are hereby repealed, and the section applicable thereto shall be in force -in lieu thereof....</p> - -<div class="sidenote">Acts passed -since 1st -December -1873, not -affected.</div> - -<p><span class="smcap">Sec.</span> 5601. The enactment of the said Revision is not to affect or -repeal any Act of Congress passed since December 1, 1873, and all Acts -passed since that date are to have full effect as if passed after the enactment -of this revision, and so far as such Acts vary from and conflict with -<span class="pagenum" id="Page_384">[384]</span> -any provision contained in said revision, they are to have effect as subsequent -statutes, and as repealing any portion of the revision inconsistent -therewith.</p> - -<h3>ACT OF CONGRESS, <span class="smcap">June</span> 18, 1874.</h3> - -<div class="sidenote">No right of -action for -infringement -unless -notice of -entry.</div> - -<div class="sidenote">Optional -modes of -entry.</div> - -<p>Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, That no person shall -maintain an action for the infringement of his copyright unless he shall -give notice thereof by inserting in the several copies of every edition -published, on the title-page or the page immediately following, if it be a -book; or if a map, chart, musical composition, print, cut, engraving, -photograph, painting, drawing, chromo, statue, statuary, or model or -design intended to be perfected and completed as a work of the fine arts, -by inscribing upon some visible portion thereof, or of the substance on -which the same shall be mounted, the following words, viz.:—"Entered -according to Act of Congress in the year <span class="i10">by</span> A. B., in the office of -the Librarian of Congress at Washington," or at his option the word -"Copyright" together with the year the copyright was entered, and the -name of the party by whom it was taken out; thus—"Copyright, 18—, -by A. B."</p> - -<div class="sidenote">Fees.</div> - -<p><span class="smcap">Sec.</span> 2. <i>That for recording and certifying any instrument of writing -for the assignment of a copyright, the Librarian of Congress shall receive, -from the persons to whom the service is rendered, one dollar; and for every -copy of an assignment, one dollar; said fee to cover in either case a certificate -of the record, under seal of the Librarian of Congress; and all fees so -received shall be paid into the Treasury of the United States.</i><a id="FNanchor_1802" href="#Footnote_1802" class="fnanchor">[1802]</a></p> - -<div class="sidenote">"Engraving," -"Cut" -and "Print" -not to extend -to -labels.</div> - -<div class="sidenote">Commissioner -of -Patents -charged -with supervision -of -labels.</div> - -<p><span class="smcap">Sec.</span> 3. That in the construction of this Act the words "engraving," -"cut" and "print" shall be applied only to pictorial illustrations or works -connected with the fine arts, and no prints or labels designed to be used -for any other articles of manufacture shall be entered under the copyright -law, but may be registered in the Patent Office. And the Commissioner -of Patents is hereby charged with the supervision and control -of the entry or registry of such prints or labels, in conformity with the -regulations provided by law as to copyright of prints except that there -shall be paid for recording the title of any print or label not a trade mark, -six dollars, which shall cover the expense of furnishing a copy of the -record under the seal of the Commissioners of Patents, to the party -entering the same.</p> - -<p><span class="smcap">Sec.</span> 4. That all laws and parts of laws inconsistent with the foregoing -provisions be, and the same are hereby repealed.</p> - -<p><span class="smcap">Sec.</span> 5. That this Act shall take effect on August 1, 1874.</p> - -<h3>ACT OF CONGRESS, <span class="smcap">August</span> 1, 1882.</h3> - -<div class="sidenote">R. S. 4962, -amended -notice of -Copyright -on decorative -articles.</div> - -<p>Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, That manufacturers of -designs for moulded decorative articles, tiles, plaques, or articles of pottery -or metal subject to copyright may put the copyright mark prescribed by -Section 4962 of the Revised Statutes, and Acts additional thereto, upon -<span class="pagenum" id="Page_385">[385]</span> -the back or bottom of such articles, or in such other place upon them as -it has heretofore been usual for manufacturers of such articles to employ -for the placing of manufacturers, merchants, and trade marks thereon.</p> - -<h3>ACT OF CONGRESS, <span class="smcap">October</span> 1, 1890.</h3> - -<p class="hang">An Act to reduce the revenue and equalise duties on imports, and -for other purposes.</p> - -<p><span class="smcap">Sec.</span> 2. On and after October 6, 1890, unless otherwise specially provided -for in this Act, the following articles when imported shall be exempt -from duty:</p> - -<hr class="tb" /> - -<p>512. Books, engravings, photographs, bound or unbound, etchings, -maps and charts, which shall have been printed and bound or manufactured -more than twenty years at the date of importation.</p> - -<p>513. Books and pamphlets printed exclusively in languages other -than English; also books and music in raised print used exclusively by -the blind.</p> - -<p>514. Books, engravings, photographs, etchings, bound or unbound, -maps and charts imported by authority, or for the use of the United -States, or for the use of the Library of Congress.</p> - -<p>515. Books, maps, lithographic prints, and charts, specially imported, -not more than two copies in any one invoice, in good faith for the use of -any society incorporated or established for educational, philosophical, -literary or religious purposes, or for the encouragement of the fine arts, -or for the use or by order of any college, academy, school or seminary of -learning in the United States, subject to such regulations as the secretary -of the Treasury shall prescribe.</p> - -<p>516. Books, or libraries, or parts of libraries, and other household -effects of persons or families from foreign countries, if actually used -abroad by them not less than one year, and not intended for any other -person or persons, nor for sale.</p> - -<h3>ACT OF CONGRESS, <span class="smcap">March</span> 3, 1891.</h3> - -<p>Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, That section forty-nine -hundred and fifty-two of the Revised Statutes be, and the same is hereby -amended so as to read as follows:</p> - -<div class="sidenote">Persons -and publications -entitled to -Copyright.</div> - -<blockquote> - -<p>"<span class="smcap">Sec.</span> 4952. The author, inventor, designer, or proprietor of any -book, map, chart, dramatic or musical composition, engraving, cut, -print, or photograph or negative thereof, or of a painting, drawing, -chromo, statue, statuary, and of models or designs intended to be -perfected as works of the fine arts, and the executors, administrators, -or assigns of any such person shall, upon complying with the provisions -of this chapter, have the sole liberty of printing, reprinting, -publishing, completing, copying, executing, finishing, and vending -<span class="pagenum" id="Page_386">[386]</span> -the same; and, in the case of dramatic composition, of publicly performing -or representing it or causing it to be performed or represented -by others; and authors or their assigns shall have exclusive right to -dramatize and translate any of their works for which copyright shall -have been obtained under the laws of the United States."</p></blockquote> - -<p><span class="smcap">Sec.</span> 2. That section forty-nine hundred and fifty-four of the Revised -Statutes be, and the same is hereby amended so as to read as follows:</p> - -<div class="sidenote">Further -term of -exclusive -right.</div> - -<blockquote> - -<p>"Sec. 4954. The author, inventor, or designer, if he be still -living, or his widow or children, if he be dead, shall have the same -exclusive right continued for the further term of fourteen years, upon -recording the title of the work or description of the article so secured -a second time, and complying with all other regulations in regard to -original copyrights, within six months before the expiration of the -first term; and such persons shall, within two months from the date -of said renewal, cause a copy of the record thereof to be published -in one or more newspapers printed in the United States for the space -of four weeks."</p></blockquote> - -<p><span class="smcap">Sec.</span> 3. That section forty-nine hundred and fifty-six of the Revised -Statutes of the United States be, and the same is hereby amended so that -it shall read as follows:</p> - -<div class="sidenote">Deposit of -title or -description -before publication.</div> - -<div class="sidenote">Two copies -of work or -photograph -on day of -publication.</div> - -<div class="sidenote">To be -made in -the United -States.</div> - -<div class="sidenote">Importation -of -Foreign -editions -prohibited.</div> - -<blockquote> - -<p>"<span class="smcap">Sec.</span> 4956. No person shall be entitled to a copyright unless -he shall, on or before the day of publication in this or any foreign -country, deliver at the office of the Librarian of Congress, or deposit -in the mail within the United States, addressed to the Librarian of -Congress at Washington, District of Columbia, a printed copy of -the title of the book, map, chart, dramatic or musical composition, -engraving, cut, print, photograph, or chromo, or a description of the -painting, drawing, statue, statuary, or a model or design for a work -of the fine arts for which he desires a copyright, nor unless he shall -also, not later than the day of the publication thereof<a id="FNanchor_1803" href="#Footnote_1803" class="fnanchor">[1803]</a> in this or any -foreign country, deliver at the office of the Librarian of Congress at -Washington, District of Columbia, or deposit in the mail within the -United States, addressed to the Librarian of Congress at Washington, -District of Columbia, two copies of such copyright book, map, chart, -dramatic or musical composition, engraving, chromo, cut, print, or -photograph, or in case of a painting, drawing, statue, statuary, model, -or design for a work of the fine arts, a photograph of same: Provided, -That in the case of a book, photograph, chromo, or lithograph, the -two copies of the same required to be delivered or deposited as above -shall be printed from type set within the limits of the United States, -or from plates made therefrom, or from negatives, or drawings on -stone made within the limits of the United States, or from transfers -made therefrom. During the existence of such copyright the importation -into the United States of any book, chromo, lithograph, or -photograph so copyrighted, or any edition or editions thereof, or any -plates of the same not made from type set, negatives, or drawings on -<span class="pagenum" id="Page_387">[387]</span> -stone made within the limits of the United States, shall be, and it is -hereby, prohibited, except in the cases specified in paragraphs 512 to -516, inclusive in section 2 of the Act of Congress, October 1, 1890, -and except in the case of persons purchasing for use and not for sale, -who import, subject to the duty thereon, not more than two copies of -such book at any one time, and except in the case of newspapers and -magazines not containing in whole or in part matter copyrighted -under the provisions of this Act, unauthorised by the author, which -are hereby exempted from prohibition of importation: Provided, -nevertheless, That in the case of books in foreign languages, of which -only translations in English are copyrighted; the prohibition of -importation shall apply only to the translations of the same, -and the importation of the books in the original language shall be -permitted."</p></blockquote> - -<div class="sidenote">Fees.</div> - -<p><span class="smcap">Sec.</span> 4. That section forty-nine hundred and fifty-eight of the Revised -Statutes be, and the same is hereby amended so that it will read as -follows:</p> - -<blockquote> - -<p>"<span class="smcap">Sec.</span> 4958. The Librarian of Congress shall receive from the -persons to whom the services designated are rendered the following -fees:</p> - -<p>"First. For recording the title or description of any copyright -book or other article, fifty cents.</p> - -<p>"Second. For every copy under seal of such record actually -given to the person claiming the copyright, or his assigns, fifty cents.</p> - -<p>"Third. For recording and certifying any instrument of writing -for the assignment of a copyright, one dollar.</p> - -<p>"Fourth. For every copy of an assignment, one dollar.</p> - -<p>"All fees so received shall be paid into the Treasury of the -United States: Provided, That the charge for recording the title or -description of any article entered for copyright, the production of a -person not a citizen or resident of the United States, shall be one -dollar, to be paid as above into the Treasury of the United States, to -defray the expenses of lists of copyrighted articles as hereinafter provided -for.</p> - -<div class="sidenote">List of -copyrighted -articles -to be -furnished -Treasury.</div> - -<div class="sidenote">Weekly -Catalogues.</div> - -<p>"And it is hereby made the duty of the Librarian of Congress to -furnish to the Secretary of the Treasury copies of the entries of titles -of all books and other articles wherein the copyright has been completed -by the deposit of two copies of such book printed from type -set within the limits of the United States, in accordance with the -provisions of this Act and by the deposit of two copies of such other -article made or produced in the United States; and the Secretary of -the Treasury is hereby directed to prepare and print, at intervals of -not more than a week, catalogues of such title-entries for distribution -to the collectors of customs of the United States and to the postmasters -of all post offices receiving foreign mails, and such weekly -lists, as they are issued, shall be furnished to all parties desiring them, -at a sum not exceeding five dollars per annum; and the Secretary -and the Postmaster-General are hereby empowered and required to -make and enforce such rules and regulations as shall prevent the -importation into the United States, except upon the conditions above -specified, of all articles prohibited by this Act."</p></blockquote> -<p><span class="pagenum" id="Page_388">[388]</span></p> - -<p><span class="smcap">Sec.</span> 5. That section forty-nine hundred and fifty-nine of the Revised -Statutes be, and the same is hereby amended so as to read as follows:</p> - -<div class="sidenote">Copy of -subsequent -editions.</div> - -<blockquote> - -<p>"<span class="smcap">Sec.</span> 4959. The proprietor of every copyright book or other -article shall deliver at the office of the Librarian of Congress, or -deposit in the mail, addressed to the Librarian of Congress at -Washington, District of Columbia, a copy of every subsequent -edition wherein any substantial changes shall be made: Provided, -however, That the alterations, revisions, and additions made to books -by foreign authors, heretofore published, of which new editions shall -appear subsequently to the taking effect of this Act, shall be held -and deemed capable of being copyrighted as above provided for in -this Act, unless they form a part of the series in course of publication -at the time this Act shall take effect."</p></blockquote> - -<p><span class="smcap">Sec.</span> 6. That section forty-nine hundred and sixty-three of the -Revised Statutes be, and the same is hereby amended so as to read as -follows:</p> - -<div class="sidenote">Penalty for -false notice -of entry.</div> - -<blockquote> - -<p>"<span class="smcap">Sec.</span> 4963. <i>Every person who shall insert or impress such notice, -or words of the same purport, in or upon any book, map, chart, -dramatic or musical composition, print, cut, engraving, or photograph, -or other article, for which he has not obtained a copyright, shall be -liable to a penalty of one hundred dollars, recoverable one-half for the -person who shall sue for such penalty and one-half to the use of the -United States.</i>"<a id="FNanchor_1804" href="#Footnote_1804" class="fnanchor">[1804]</a></p></blockquote> - -<p><span class="smcap">Sec.</span> 7. That section forty-nine hundred and sixty-four of the Revised -Statutes be, and the same is hereby amended so as to read as follows:</p> - -<div class="sidenote">Violations -of Copyright -of -books.</div> - -<blockquote> - -<p>"<span class="smcap">Sec.</span> 4964. Every person who, after the recording of the title of -any book and the depositing of two copies of such book, as provided -by this Act, shall, contrary to the provisions of this Act, within the -term limited, and without the consent of the proprietor of the copyright -first obtained in writing, signed in presence of two or more -witnesses, print, publish, dramatize, translate, or import, or knowing -the same to be so printed, published, dramatized, translated, or -imported, shall sell or expose to sale any copy of such book, shall -forfeit every copy thereof to such proprietor, and shall also forfeit -and pay such damages as may be recovered in a civil action by such -proprietor in any court of competent jurisdiction."</p></blockquote> - -<p><span class="smcap">Sec.</span> 8. That section forty-nine hundred and sixty-five of the Revised -Statutes be, and the same is hereby so amended as to read as follows:</p> - -<div class="sidenote">Violations -of Copyright -of -maps, -prints, -&c.</div> - -<blockquote> - -<p>"<span class="smcap">Sec.</span> 4965. <i>If any person, after the recording of the title of any -map, chart, dramatic or musical composition, print, cut, engraving, or -photograph, or chromo, or of the description of any painting, drawing, -statue, statuary, or model or design intended to be perfected and executed -as a work of the fine arts, as provided by this Act, shall within the -term limited, contrary to the provisions of this Act, and without the -consent of the proprietor of the copyright first obtained in writing, -signed in presence of two or more witnesses, engrave, etch, work, copy, -print, publish, dramatize, translate, or import, either in whole or in -<span class="pagenum" id="Page_389">[389]</span> -part, or by varying the main design with intent to evade the law, or, -knowing the same to be so printed, published, dramatized, translated, or -imported, shall sell or expose to sale any copy of such map or other -article as aforesaid, he shall forfeit to the proprietor all the plates on -which the same shall be copied and every sheet thereof, either copied or -printed, and shall further forfeit one dollar for every sheet of the same -found in his possession, either printing, printed, copied, published, imported, -or exposed for sale, and in case of a painting, statue, or statuary, -he shall forfeit ten dollars for every copy of the same in his possession, or -by him sold or exposed for sale; one-half thereof to the proprietor and -the other half to the use of the United States.</i>"<a id="FNanchor_1805" href="#Footnote_1805" class="fnanchor">[1805]</a></p></blockquote> - -<p><span class="smcap">Sec. 9.</span> That section forty-nine hundred and sixty-seven of the -Revised Statutes be, and the same is hereby amended so as to read as -follows:</p> - -<div class="sidenote">Damages -for printing -manuscript.</div> - -<blockquote> - -<p>"<span class="smcap">Sec. 4967.</span> Every person who shall print or publish any manuscript -whatever without the consent of the author or proprietor first -obtained, shall be liable to the author or proprietor for all damages -occasioned by such injury."</p></blockquote> - -<div class="sidenote">Alien -products.</div> - -<p><span class="smcap">Sec.</span> 10. That section forty-nine hundred and seventy-one of the -Revised Statutes be, and the same is hereby repealed.</p> - -<div class="sidenote">Volumes -separately -copyrightable.</div> - -<p><span class="smcap">Sec.</span> 11. That for the purpose of this Act each volume of a book in -two or more volumes, when such volumes are published separately and -the first one shall not have been issued before this Act shall take effect, -and each number of a periodical shall be considered an independent -publication, subject to the form of copyrighting as above.</p> - -<p><span class="smcap">Sec.</span> 12. That this Act shall go into effect on the first day of July, -anno domini eighteen hundred and ninety-one.</p> - -<div class="sidenote">Applicable -to citizens -of foreign -countries -permitting -similar -rights.</div> - -<p><span class="smcap">Sec.</span> 13. That this Act shall only apply to a citizen or subject of a -foreign state or nation when such foreign state or nation permits to -citizens of the United States of America the benefit of copyright on substantially -the same basis as its own citizens; or when such foreign state -or nation is a party to an international agreement which provides for -reciprocity in the granting of copyright, by the terms of which agreement -the United States of America may at its pleasure become a party to such -agreement. The existence of either of the conditions aforesaid shall be -determined by the President of the United States by proclamation made -from time to time as the purposes of this Act may require.</p> - -<h3>ACT OF CONGRESS, <span class="smcap">March</span> 3, 1893.</h3> - -<div class="sidenote">Extension -of time for -delivery -of copies -where such -has been -neglected.</div> - -<div class="sidenote">if delivered -before 1st -March -1893.</div> - -<p>Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, That any author, -inventor, designer, or proprietor of any book, or other article entitled to -copyright, who has heretofore failed to deliver in the office of the -Librarian of Congress, or in the mail addressed to the Librarian of -Congress, two complete copies of such book, or description or photograph -of such article within the time limited by Title 60, chapter 3, of the -Revised Statutes relating to copyrights and the Acts in amendment -<span class="pagenum" id="Page_390">[390]</span> -thereof, and has complied with all other provisions thereof, who has before -March 1, 1893, delivered at the office of the Librarian of Congress or -deposited in the mail addressed to the Librarian of Congress two complete -printed copies of such book, or description or photograph of such article, -shall be entitled to all the rights and privileges of said Title 60, chapter 3, -of the Revised Statutes and Acts in amendment thereof.</p> - -<h3>ACT OF CONGRESS, <span class="smcap">March</span> 2, 1895.</h3> - -<p>Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, That section 4965 of -the Revised Statutes be, and the same is hereby amended so as to read as -follows:</p> - -<div class="sidenote">Penalty for -violations -of Copyright -of -compositions, -maps, -prints, -paintings, -&c.</div> - -<p><span class="smcap">Sec.</span> 4965. If any person after the recording of the title of any map, -chart, dramatic or musical composition, print, cut, engraving or photograph, -or chromo, or of the description of any painting, drawing, statue, statuary, -or model or design intended to be perfected and executed as a work of -the fine arts, as provided by this Act, shall, within the term limited, -contrary to the provisions of this Act and without the consent of the -proprietor first obtained in writing, signed in presence of two or more -witnesses, engrave, etch, work, copy, print, publish, dramatize, translate, -or import, either in whole or in part, or by varying the main design, with -intent to evade the law, or knowing the same to be so printed, published, -dramatized, translated, or imported shall sell or expose to sale any copy of -such map or other article as aforesaid, he shall forfeit to the proprietor -all the plates on which the same shall be copied, and every sheet thereof -either copied or printed, and shall further forfeit one dollar for every -sheet of the same found in his possession, either printing, printed, copied, -published, imported, or exposed for sale; and in case of a painting, statue, -or statuary, he shall forfeit ten dollars for every copy of the same in his -possession, or by him sold or exposed for sale: Provided, however, That -in case of any such infringement of the copyright of a photograph made -from any object not a work of fine arts, the sum to be recovered in any -action brought under the provisions of this section shall be not less than -100 dollars, nor more than 5000 dollars, and: Provided further, That in -case of any such infringement of the copyright of a painting, drawing, -statue, engraving, etching, print, or model or design for a work of the fine -arts or of a photograph of a work of the fine arts, the sum to be recovered -in any action brought through the provisions of this section shall not be -less than 250 dollars, and not more than 10,000 dollars. One-half of all -the foregoing penalties shall go to the proprietors of the copyright and the -other half to the use of the United States.</p> - -<h3>ACT OF CONGRESS, <span class="smcap">January</span> 6, 1897.</h3> - -<p>Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, That section 4966 of -the Revised Statutes be, and the same is hereby amended so as to read -as follows: -<span class="pagenum" id="Page_391">[391]</span></p> - -<p><span class="smcap">Sec.</span> 4966. Any person publicly performing or representing any -dramatic or musical composition for which a copyright has been obtained, -without the consent of the proprietor of said dramatic or musical composition -or his heirs or assigns, shall be liable for damages therefor, such -damages in all cases to be assessed at such sum not less than 100 dollars -for the first and 50 dollars for every subsequent performance, as to the -court shall appear to be just. If the unlawful performance and representation -be wilful and for profit, such person or persons shall be guilty of a -misdemeanour, and, upon conviction, be imprisoned for a period not -exceeding one year. Any injunction that may be granted upon hearing, -after notice to the defendant by any circuit court of the United States, or -by a judge thereof restraining and enjoining the performance or representation -of any such dramatic or musical composition, may be served on the -parties against whom such injunction may be granted anywhere in the -United States, and shall be operative and may be enforced by proceedings -to punish for contempt or otherwise by any other circuit court or judge in -the United States; but the defendants in said action or any or either of -them may make a motion in any other circuit in which he or they may be -engaged in performing or representing said dramatic or musical composition, -to dissolve or set aside the said injunction upon such reasonable notice to -the plaintiff as the circuit court or the judge before whom said motion shall be -made shall deem proper; service of said motion to be made on the plaintiff -in person or on his attorneys in the action. The circuit courts or judges -thereof shall have jurisdiction to enforce said injunction, and to hear and -determine a motion to dissolve the same, as herein provided, as fully as if -the action were pending or brought in the circuit in which said motion is -made.</p> - -<p>The clerk of the court or judge granting the injunction shall, when -required so to do by the court hearing the application to dissolve or -enforce said injunction, transmit without delay to said court a certified -copy of all the papers on which the said injunction was granted that are -on file in his office.</p> - -<h3>ACT OF CONGRESS, <span class="smcap">March</span> 3, 1897.</h3> - -<p>Be it enacted by the Senate and House of Representatives of the -United States of America in Congress assembled, That section 4963 of -the Revised Statutes be, and the same is hereby amended so as to read as -follows:</p> - -<p><span class="smcap">Sec.</span> 4963. Every person who shall insert or impress such notice or -words of the same purport, in or upon any book, map, chart, dramatic or -musical composition, print, cut, engraving or photograph, or other article, -whether such article be subject to copyright or otherwise, for which he -has not obtained a copyright in this country; or shall import any book, -photograph, chromo, or lithograph or other article bearing such notice of -copyright, or words of the same purport, which is not copyrighted in this -country, shall be liable to a penalty of 100 dollars, recoverable one-half -for the person who shall sue for such penalty, and one-half to the use of -the United States; and the importation into the United States of any -book, chromo, lithograph, or photograph, or other article bearing such -notice of copyright, when there is no existing copyright thereon in the -<span class="pagenum" id="Page_392">[392]</span> -United States, is prohibited: and the circuit courts of the United States -sitting in equity are hereby authorised to enjoin the issuing, publishing, -or selling of any article marked or imported in violation of the United -States copyright laws, at the suit of any person complaining of such -violation: Provided that this Act shall not apply to any importation of or -sale of such goods or articles brought into the United States prior to the -passage hereof.</p> - -<p><span class="smcap">Sec.</span> 2. That all laws and parts of laws inconsistent with the foregoing -provisions be and are hereby repealed.</p> - -<hr class="chap" /> -<h2>ADDENDUM<br /> - -MUSICAL (SUMMARY PROCEEDINGS) COPYRIGHT ACT, 1902.<br /> - -<small>2 <span class="smcap">Edw.</span> VII. c. 15.</small></h2> - -<p>Since this work went to press the Musical Copyright Bill mentioned on -page 231 has received the Royal Assent and become law. The Act will -come into operation on October 1, 1902, and its application is limited to -the United Kingdom. The Act gives the owner of copyright music -power to seize pirated copies of his works from any person who may -hawk, carry about, sell, or offer for sale the same. To exercise this -power he may proceed in one of two ways. He may apply to a court -of summary jurisdiction, and on <i>primâ facie</i> evidence the court will by -order authorise a constable to seize the alleged pirated copies, or he may -without applying to the court himself authorise a constable in writing to -seize such copies. On the copies being seized by the constable they -must be brought before the court, and on proof that they are pirated -copies the court will order them to be destroyed or delivered to the -owner of the copyright. If the owner authorises the seizure without an -order from the court and fails to prove his case he might be liable in -damages. If, therefore, the owner is not quite sure of his case he should -first obtain the order of the court, which will relieve him from all responsibility, -except costs, in the event of his failing. The Bill as originally -brought into the House of Lords contained a clause empowering -a court of summary jurisdiction to inflict a summary penalty on persons -dealing with pirated music. It also proposed to give the court power to -order a constable to search for pirated music on suspected premises. -These remedies, however, were considered by the House of Commons to -be too drastic and were omitted from the Act. -<span class="pagenum" id="Page_393">[393]</span></p> - -<p><span class="pagenum" id="Page_394">[394]</span></p> - -<hr class="chap" /> - -<p><span class="pagenum" id="Page_395">[395]</span></p> -<h2><big>INDEX</big></h2> - -<div> -<h2>INDEX</h2> - -<p class="center">The figures in black type indicate that the reference is to Part II., which deals -with the Law of the United States.</p> - -<p class="transnote"> -<span class="caption">Transcriber's Note:</span> -<span>"Black type" in the above note is bold blue font in the linked references.</span> -</p> - -<div class="poem"><div class="stanza"> -<span class="i0">Abandonment—</span> -<span class="i2">of copyright, <a href="#Page_119">119</a></span> -<span class="i2">of right in unpublished work, <a href="#Page_223">223</a></span> -<span class="i0">Abridgment—</span> -<span class="i2">of non-copyright literary matter constitutes a new book, <a href="#Page_21">21</a>, <a href="#Page_25">25</a></span> -<span class="i2">whether an infringement of copyright, <a href="#Page_114">114</a>, <b><a href="#Page_284">284</a></b></span> -<span class="i0">Account of profits: <i>see</i> Remedies, <a href="#Page_80">80</a>, <b><a href="#Page_289">289</a></b></span> -<span class="i0">Account-books of original pattern not protected as book, <a href="#Page_242">242</a></span> -<span class="i0">Acquiescence, <a href="#Page_87">87</a>, <b><a href="#Page_292">292</a></b>—</span> -<span class="i2">affects costs, <a href="#Page_95">95</a></span> -<span class="i2">as ground of defence, <a href="#Page_119">119</a></span> -<span class="i0">Acting: <i>see</i> Performing Rights</span> -<span class="i0">Acts of Parliament, copyright in, <a href="#Page_59">59</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i0">Adaptations of non-copyright work constitutes a new book, <a href="#Page_25">25</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i0">Administrators, copyright passes to, <a href="#Page_83">83</a>, <b><a href="#Page_275">275</a></b></span> -<span class="i0">Advertisements, <a href="#Page_18">18</a>, <a href="#Page_19">19</a>, <b><a href="#Page_240">240</a></b></span> -<span class="i0">Aeolian, perforated scroll for, <a href="#Page_33">33</a>, <a href="#Page_97">97</a>, <b><a href="#Page_276">276</a></b></span> -<span class="i0">Agreements—</span> -<span class="i2">publishers', <a href="#Page_227">227</a></span> -<span class="i2">printers', <a href="#Page_230">230</a></span> -<span class="i0">Alien: <i>see</i> International Copyright—</span> -<span class="i2">can acquire British copyright, <b><a href="#Page_45">45</a></b></span> -<span class="i2">whether book of alien author entitled to British copyright, <a href="#Page_42">42</a></span> -<span class="i2">sculpture of alien artist, <a href="#Page_162">162</a></span> -<span class="i2">painting, drawing, or photograph of alien artist, <a href="#Page_170">170</a></span> -<span class="i2">what works of aliens can acquire copyright in the United States, <b><a href="#Page_247">247</a></b></span> -<span class="i2">may sue in United States in respect of unpublished work, <b><a href="#Page_299">299</a></b></span> -<span class="i0">America: <i>see</i> United States</span> -<span class="i0"><i>Animus furandi</i>, <a href="#Page_100">100</a>, <b><a href="#Page_277">277</a></b></span> -<span class="i0">Anne, Statute of, <a href="#Page_4">4</a></span> -<span class="i0">Annotation, copyright in notes, <a href="#Page_26">26</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i0">Anonymous Works—</span> -<span class="i2">entitled to copyright, <a href="#Page_36">36</a></span> -<span class="i2">foreign publisher entitled to sue, <a href="#Page_200">200</a></span> -<span class="i0">Application form, <a href="#Page_24">24</a>, <b><a href="#Page_239">239</a></b></span> -<span class="i0">Arrangement of old literary matter constitutes a new book, <a href="#Page_21">21</a>, <a href="#Page_24">24</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i0">Art: <i>see</i> Paintings, Engravings, Sculpture, Photographs</span> -<span class="i0">Articles: <i>see</i> Periodical Works</span> -<span class="i0">Artist: <i>see</i> Author</span> -<span class="i0">Assignment—</span> -<span class="i2">of copyright in books—</span> -<span class="i4">before publication no writing required, <a href="#Page_75">75</a></span> -<span class="i4">after publication must be in writing, <a href="#Page_77">77</a></span> -<span class="i4">registration of assignment, <a href="#Page_78">78</a></span> -<span class="i4">assignees right to sue, <a href="#Page_79">79</a></span> -<span class="i4">partial assignment, <a href="#Page_80">80</a></span> -<span class="i4">distinguished from licence, <a href="#Page_81">81</a></span> -<span class="i2">of performing rights, <a href="#Page_134">134</a>—</span> -<span class="i4">writing required, <a href="#Page_77">77</a>, <a href="#Page_134">134</a></span> -<span class="i4">do not pass with copyright, <a href="#Page_134">134</a></span> -<span class="i4">entry on register, <a href="#Page_135">135</a></span> -<span class="i4">provincial rights, <a href="#Page_135">135</a></span> -<span class="i2">of copyright in engravings, <a href="#Page_154">154</a></span> -<span class="i2">of copyright in sculpture, <a href="#Page_164">164</a></span> -<span class="i2">of copyright in paintings, drawings, and photographs, <a href="#Page_176">176</a></span> -<span class="i2">of copyright in the United States, <b><a href="#Page_272">272</a></b></span> -<span class="i0">Austria-Hungary: <i>see</i> International Copyright</span> -<span class="i0">Author—</span> -<span class="i2">who is, of books, <a href="#Page_62">62</a>, <b><a href="#Page_269">269</a></b></span> -<span class="i4">joint authorship, <a href="#Page_64">64</a>, <b><a href="#Page_270">270</a></b></span> -<span class="i4">of paintings and drawings, <a href="#Page_174">174</a></span> -<span class="i4">of photographs, <a href="#Page_174">174</a>, <b><a href="#Page_270">270</a></b></span> -<span class="i2">right of separate publication in contribution to periodical, <a href="#Page_72">72</a></span> -<span class="i2">whether nationality or residence of author of a book material, <a href="#Page_42">42</a></span> -<span class="i2">reputation of author who has parted with his copyright protected, <a href="#Page_213">213</a>, <b><a href="#Page_297">297</a></b></span> -<span class="i2">rights of foreign authors in the United States, <b><a href="#Page_247">247</a></b></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Bankruptcy</span>—</span> -<span class="i2">copyright passes to trustee, <a href="#Page_83">83</a>, <b><a href="#Page_275">275</a></b></span> -<span class="i0">Barometer, no copyright in face of, <a href="#Page_14">14</a>, <a href="#Page_32">32</a></span> -<span class="i0">Belgium: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i2">proclaimed under Chace Act, <b><a href="#Page_249">249</a></b></span> -<span class="pagenum" id="Page_396">[396]</span> -<span class="i0">Bequest, copyright passes by, <a href="#Page_83">83</a>, <b><a href="#Page_275">275</a></b></span> -<span class="i0">Berne Convention: <i>see</i> International Copyright</span> -<span class="i0">Bible, <b><a href="#Page_59">59</a></b></span> -<span class="i0">Bills of sale, lists of, <a href="#Page_21">21</a></span> -<span class="i0">Binding, passing off by similar, <b><a href="#Page_298">298</a></b></span> -<span class="i0">Blackstone's Commentaries, new edition of, <a href="#Page_26">26</a></span> -<span class="i0">Blasphemous Works: <i>see</i> Profane Works</span> -<span class="i0">Blind—</span> -<span class="i2">books for, entitled to copyright, <a href="#Page_11">11</a></span> -<span class="i2">may be imported into United States, <b><a href="#Page_295">295</a></b></span> -<span class="i0">Book—</span> -<span class="i2">what is protected in a book, <a href="#Page_10">10</a>, <b><a href="#Page_236">236</a></b>—</span> -<span class="i4">what physical form required, <a href="#Page_11">11</a>, <b><a href="#Page_242">242</a></b></span> -<span class="i4">what literary matter required, <a href="#Page_13">13</a>, <b><a href="#Page_237">237</a>-<a href="#Page_239">239</a></b></span> -<span class="i4">what originality required, <a href="#Page_15">15</a>, <b><a href="#Page_237">237</a></b>, <b><a href="#Page_243">243</a></b></span> -<span class="i2">examples of what are books, <a href="#Page_16">16</a>—</span> -<span class="i4">abridgments, <a href="#Page_25">25</a></span> -<span class="i4">adaptations, <a href="#Page_25">25</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i4">advertisements, <a href="#Page_18">18</a>, <a href="#Page_19">19</a>, <b><a href="#Page_240">240</a></b></span> -<span class="i4">application form, <a href="#Page_24">24</a>, <b><a href="#Page_237">237</a></b>, <b><a href="#Page_239">239</a></b></span> -<span class="i4">catalogues, <a href="#Page_18">18</a>, <b><a href="#Page_238">238</a></b></span> -<span class="i4">Christmas card, <a href="#Page_35">35</a></span> -<span class="i4">collection of cookery recipes, <a href="#Page_24">24</a></span> -<span class="i4">conveyancing precedents, <a href="#Page_23">23</a></span> -<span class="i4">cricket-scoring card, <a href="#Page_31">31</a></span> -<span class="i4">dictionaries, <a href="#Page_25">25</a>, <b><a href="#Page_239">239</a></b></span> -<span class="i4">directories, <a href="#Page_16">16</a>, <a href="#Page_17">17</a>, <b><a href="#Page_239">239</a></b></span> -<span class="i4">face of barometer, <a href="#Page_32">32</a></span> -<span class="i4">forms, <a href="#Page_23">23</a>, <a href="#Page_24">24</a>, <b><a href="#Page_237">237</a></b></span> -<span class="i4">"Guide to Science," <a href="#Page_24">24</a></span> -<span class="i4">illustrations, <a href="#Page_34">34</a></span> -<span class="i4">index, <a href="#Page_27">27</a></span> -<span class="i4">lists from public documents, <a href="#Page_21">21</a></span> -<span class="i4">list of foxhounds, <a href="#Page_21">21</a></span> -<span class="i4">maps, <a href="#Page_36">36</a></span> -<span class="i4">mechanical devices, <a href="#Page_31">31</a></span> -<span class="i4">music, <a href="#Page_36">36</a></span> -<span class="i4">new editions, <a href="#Page_26">26</a>, <b><a href="#Page_242">242</a></b></span> -<span class="i4">notes to non-copyright works, <a href="#Page_26">26</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i4">railway ticket, <a href="#Page_32">32</a></span> -<span class="i4">reports, <a href="#Page_28">28</a>, <b><a href="#Page_240">240</a></b></span> -<span class="i4">road-books, <a href="#Page_16">16</a></span> -<span class="i4">scroll for mechanical instrument, <a href="#Page_33">33</a></span> -<span class="i4">selections of non-copyright matter, <a href="#Page_24">24</a>, <a href="#Page_25">25</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i4">sleeve chart, <a href="#Page_32">32</a></span> -<span class="i4">sporting tips, <a href="#Page_33">33</a></span> -<span class="i4">statistics, <a href="#Page_20">20</a>, <b><a href="#Page_237">237</a></b>, <b><a href="#Page_239">239</a></b></span> -<span class="i4">tables of calculation, <a href="#Page_23">23</a></span> -<span class="i4">telegraph codes, <a href="#Page_20">20</a></span> -<span class="i4">time-tables, <a href="#Page_22">22</a></span> -<span class="i4">topographical dictionary, <a href="#Page_24">24</a></span> -<span class="i4">translations, <a href="#Page_25">25</a></span> -<span class="i0">Booksellers, claim of perpetual copyright, <a href="#Page_5">5</a></span> -<span class="i0">Border Minstrelsy—Lockhart's Notes, <a href="#Page_26">26</a></span> -<span class="i0">British Museum—</span> -<span class="i2">delivery of copies to, <a href="#Page_55">55</a></span> -<span class="i2">whether deposit of copy is publication, <a href="#Page_39">39</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Calculations</span>, tables of, <a href="#Page_23">23</a></span> -<span class="i0">Campbell's Poems, <a href="#Page_112">112</a></span> -<span class="i0">Canada, copyright in, <a href="#Page_188">188</a></span> -<span class="i0">Catalogues, <a href="#Page_18">18</a>, <a href="#Page_19">19</a>, <b><a href="#Page_238">238</a></b></span> -<span class="i0">Causing to be printed, <a href="#Page_85">85</a></span> -<span class="i0">Causing to be represented, <a href="#Page_139">139</a></span> -<span class="i0">Causing or procuring infringement of copyright in fine arts, <a href="#Page_178">178</a></span> -<span class="i0">Certificate of registration, <a href="#Page_53">53</a></span> -<span class="i0">Chart: <i>see</i> Map</span> -<span class="i0">Chatterbox, <b><a href="#Page_297">297</a></b></span> -<span class="i0">Chili proclaimed under Chace Act, <b><a href="#Page_249">249</a></b></span> -<span class="i0">Codes, telegraph, <a href="#Page_20">20</a></span> -<span class="i0">Colonial copyright, <a href="#Page_186">186</a>—</span> -<span class="i2">books, <a href="#Page_186">186</a>—</span> -<span class="i4">foreign reprints Act, <a href="#Page_186">186</a></span> -<span class="i2">Canada, <a href="#Page_188">188</a>—</span> -<span class="i4">importation of foreign reprints into,</span> -<span class="i4">prohibited, <a href="#Page_188">188</a></span> -<span class="i4">licence in Canada protected, <a href="#Page_188">188</a></span> -<span class="i4">Imperial Copyright Acts have full force in Canada, <a href="#Page_189">189</a></span> -<span class="i2">artistic works, <a href="#Page_191">191</a>—</span> -<span class="i4">not protected in colonies by imperial legislation, <a href="#Page_192">192</a></span> -<span class="i0">Common Law Rights—</span> -<span class="i2">question of perpetual copyright, <a href="#Page_5">5</a></span> -<span class="i2">copyright limited to statutory rights, <a href="#Page_206">206</a></span> -<span class="i2">common law rights in published work, <a href="#Page_206">206</a>, <b><a href="#Page_296">296</a></b>—</span> -<span class="i4">passing off by similar title, <a href="#Page_206">206</a></span> -<span class="i4">title must be known to public, <a href="#Page_208">208</a></span> -<span class="i4">non-user of title, <a href="#Page_208">208</a></span> -<span class="i4">no fraud need be proved, <a href="#Page_209">209</a></span> -<span class="i4">must be calculated to deceive, <a href="#Page_209">209</a></span> -<span class="i4">cases where injunctions granted, <a href="#Page_209">209</a></span> -<span class="i4">cases where injunctions refused, <a href="#Page_211">211</a></span> -<span class="i4">malicious criticism, <a href="#Page_213">213</a></span> -<span class="i4">slander of title, <a href="#Page_213">213</a></span> -<span class="i2">reputation of author who has parted with copyright protected, <a href="#Page_213">213</a></span> -<span class="i2">right of employees to use materials acquired in their master's service, <a href="#Page_215">215</a></span> -<span class="i2">third party restrained who obtains material by procuring a breach of faith or contract, <a href="#Page_218">218</a></span> -<span class="i2">unpublished works, <a href="#Page_220">220</a>, <b><a href="#Page_298">298</a></b>—</span> -<span class="i4">right of property in, <a href="#Page_220">220</a></span> -<span class="i4">limited communication, <a href="#Page_221">221</a></span> -<span class="i4">whether protected if immoral, <a href="#Page_223">223</a></span> -<span class="i2">speeches and sermons, <a href="#Page_223">223</a></span> -<span class="i2">letters, <a href="#Page_225">225</a></span> -<span class="i0">Company of Stationers, origin of, <a href="#Page_3">3</a></span> -<span class="pagenum" id="Page_397">[397]</span> -<span class="i0">Composition—</span> -<span class="i2">what is, <a href="#Page_15">15</a>, <a href="#Page_24">24</a></span> -<span class="i2">essential element of a book, <a href="#Page_14">14</a></span> -<span class="i0">Cookery recipes, <a href="#Page_24">24</a></span> -<span class="i0">Co-owners: <i>see</i> Joint Owners</span> -<span class="i0">Corporation may be <i>ab initio</i> proprietor of copyright, <b><a href="#Page_272">272</a></b></span> -<span class="i0">Costs of action—</span> -<span class="i2">books, <a href="#Page_46">46</a>, <a href="#Page_95">95</a></span> -<span class="i2">performing rights, <a href="#Page_144">144</a></span> -<span class="i2">engravings, <a href="#Page_156">156</a></span> -<span class="i2">sculpture, <a href="#Page_164">164</a></span> -<span class="i0">Crown—</span> -<span class="i2">ancient royal prerogative, <a href="#Page_3">3</a></span> -<span class="i2">present claims of, <a href="#Page_59">59</a></span> -<span class="i0">Criticism, extracts for purpose of, <a href="#Page_111">111</a></span> -<span class="i0">Customs, seizure by, <a href="#Page_91">91</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">"Daisy Bell,"</span> <a href="#Page_125">125</a></span> -<span class="i0">Damages: <i>see</i> Remedies, <a href="#Page_80">80</a>, <b><a href="#Page_290">290</a></b></span> -<span class="i0">Death—</span> -<span class="i2">devolution of copyright on, <a href="#Page_83">83</a></span> -<span class="i2">publishing agreement terminated by, <a href="#Page_227">227</a></span> -<span class="i0">Delay, <a href="#Page_87">87</a>, <b><a href="#Page_292">292</a></b>—</span> -<span class="i2">affects costs, <a href="#Page_95">95</a></span> -<span class="i2">ground of defence, <a href="#Page_119">119</a></span> -<span class="i0">Delivery up of copies, <a href="#Page_89">89</a>—</span> -<span class="i2">books, <a href="#Page_89">89</a>—</span> -<span class="i4">demand in writing, <a href="#Page_89">89</a></span> -<span class="i4">piratical copies made before plaintiff's registration, <a href="#Page_89">89</a></span> -<span class="i4">when piratical copy not merely reprint, <a href="#Page_90">90</a></span> -<span class="i4">delivery up for cancellation, <a href="#Page_90">90</a></span> -<span class="i2">engravings, <a href="#Page_155">155</a></span> -<span class="i2">paintings, drawings, and photographs, <a href="#Page_178">178</a></span> -<span class="i2">in the United States, <b><a href="#Page_290">290</a></b></span> -<span class="i0">Denmark, proclaimed under Chace Act, <b><a href="#Page_249">249</a></b></span> -<span class="i0">Dictionary, <a href="#Page_25">25</a>, <b><a href="#Page_239">239</a></b></span> -<span class="i0">Digest infringing headnotes in reports, <a href="#Page_111">111</a></span> -<span class="i0">Directories—</span> -<span class="i2">copyright in, <a href="#Page_16">16</a>, <a href="#Page_17">17</a>, <b><a href="#Page_239">239</a></b></span> -<span class="i2">infringement of, <a href="#Page_106">106</a>, <a href="#Page_108">108</a></span> -<span class="i0">Discovery, <a href="#Page_94">94</a></span> -<span class="i0">Dramatic piece: <i>see</i> Performing Rights</span> -<span class="i0">Dramatization—</span> -<span class="i2">whether infringement of novel, <a href="#Page_114">114</a></span> -<span class="i2">of non-copyright work constitutes a new book, <a href="#Page_25">25</a></span> -<span class="i0">Drawings: <i>see</i> Paintings, Drawings, and Photographs</span> -<span class="i0">Drummond's "Evolution of Man," <b><a href="#Page_297">297</a></b></span> -<span class="i0">Drunken scrawl, no copyright in, <a href="#Page_14">14</a></span> -<span class="i0">Duration of Copyright—</span> -<span class="i2">books, <a href="#Page_56">56</a></span> -<span class="i2">new editions, <a href="#Page_26">26</a>, <a href="#Page_57">57</a></span> -<span class="i0">Duration of Copyright <i>(continued</i>)—</span> -<span class="i2">performing rights, <a href="#Page_126">126</a></span> -<span class="i2">engravings, <a href="#Page_152">152</a></span> -<span class="i2">sculpture, <a href="#Page_163">163</a></span> -<span class="i2">paintings, drawings, and photographs, <a href="#Page_174">174</a></span> -<span class="i2">Crown, <a href="#Page_59">59</a></span> -<span class="i2">universities, <a href="#Page_61">61</a></span> -<span class="i2">foreign works, <a href="#Page_200">200</a></span> -<span class="i2">United States, <b><a href="#Page_267">267</a></b></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Editions</span>: <i>see</i> New Editions</span> -<span class="i0">Employer, rights of—</span> -<span class="i2">books—</span> -<span class="i4">joint employers, <a href="#Page_71">71</a></span> -<span class="i4">under section <a href="#Page_18">18</a>, <a href="#Page_66">66</a></span> -<span class="i4">apart from section <a href="#Page_18">18</a>, <a href="#Page_73">73</a></span> -<span class="i2">right to prevent employees using material acquired in master's service, <a href="#Page_215">215</a></span> -<span class="i2">engravings, <a href="#Page_153">153</a></span> -<span class="i2">sculpture, <a href="#Page_164">164</a></span> -<span class="i2">paintings, drawings, and photographs, <a href="#Page_175">175</a></span> -<span class="i2">United States, <b><a href="#Page_271">271</a></b></span> -<span class="i0">Encyclopædias, <a href="#Page_57">57</a>, <a href="#Page_110">110</a></span> -<span class="i0">"Encyclopædia Britannica," <b><a href="#Page_298">298</a></b></span> -<span class="i0">Engravings—</span> -<span class="i2">copyright in, <a href="#Page_146">146</a>, <b><a href="#Page_236">236</a></b>, <b><a href="#Page_245">245</a></b></span> -<span class="i2">what is an original engraving, <a href="#Page_146">146</a></span> -<span class="i2">map, chart, or plan, whether protected under Engravings Acts, <a href="#Page_148">148</a></span> -<span class="i2">engravings in a book, <a href="#Page_149">149</a></span> -<span class="i2">must engraving be made within British dominions, <a href="#Page_150">150</a></span> -<span class="i2">engraving must be first published within British dominions, <a href="#Page_150">150</a></span> -<span class="i2">date of first publication and proprietor's name must be engraved on, <a href="#Page_151">151</a></span> -<span class="i2">immoral works, <a href="#Page_152">152</a></span> -<span class="i2">duration of protection, <a href="#Page_152">152</a></span> -<span class="i2">owner of copyright in engraving, <a href="#Page_152">152</a>—</span> -<span class="i4">the engraver, <a href="#Page_152">152</a></span> -<span class="i4">the employer, <a href="#Page_153">153</a></span> -<span class="i4">the assignee, <a href="#Page_154">154</a></span> -<span class="i2">infringement of copyright, <a href="#Page_155">155</a></span> -<span class="i2">prohibited acts and remedies, <a href="#Page_155">155</a></span> -<span class="i2">summary proceedings, <a href="#Page_156">156</a></span> -<span class="i2">guilty knowledge, <a href="#Page_156">156</a></span> -<span class="i2">limitation of action, <a href="#Page_156">156</a></span> -<span class="i2">costs, <a href="#Page_156">156</a></span> -<span class="i2">copying for private use, <a href="#Page_156">156</a></span> -<span class="i2">what is a piratical copy, <a href="#Page_156">156</a>—</span> -<span class="i4">taking part, <a href="#Page_157">157</a></span> -<span class="i4">photograph of, <a href="#Page_157">157</a></span> -<span class="i4">how far design protected, <a href="#Page_157">157</a></span> -<span class="i4">striking from lawful plate no infringement, <a href="#Page_159">159</a></span> -<span class="i2">licence a defence, <a href="#Page_159">159</a></span> -<span class="i0">Executors, copyright passes to, <a href="#Page_83">83</a>, <a href="#Page_275">275</a></span> -<span class="pagenum" id="Page_398">[398]</span> -<span class="i0">Extracts—</span> -<span class="i2">taking of, <a href="#Page_108">108</a></span> -<span class="i2">for purpose of criticism, <a href="#Page_111">111</a></span> -<span class="i2">selection of may be a copyright work, <a href="#Page_24">24</a>, <a href="#Page_25">25</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i0">Evidence, <a href="#Page_92">92</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Fair</span> use of copyright works, <a href="#Page_103">103</a>, <a href="#Page_281">281</a></span> -<span class="i0">False entries on register, <a href="#Page_54">54</a></span> -<span class="i0">False name on picture, <a href="#Page_180">180</a></span> -<span class="i0">Fine arts: <i>see</i> Paintings, &c.</span> -<span class="i0">Foreign reprints—</span> -<span class="i2">prohibition against importation, <a href="#Page_84">84</a>, <a href="#Page_91">91</a></span> -<span class="i2">Colonial Act, <a href="#Page_186">186</a></span> -<span class="i0">Foreign works: <i>see</i> International Copyright</span> -<span class="i0">Forfeiture of copies: <i>see</i> Delivery up of copies</span> -<span class="i0">Forms, <a href="#Page_23">23</a>, <a href="#Page_24">24</a>, <b><a href="#Page_237">237</a></b></span> -<span class="i0">Foxhounds, list of packs and hunting days, <a href="#Page_21">21</a></span> -<span class="i0"><i>Fram</i> Expedition, <b><a href="#Page_296">296</a></b></span> -<span class="i0">France: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i2">proclaimed under Chace Act, <b><a href="#Page_249">249</a></b></span> -<span class="i0">Fraud: <i>see</i> Passing off—</span> -<span class="i2">whether fraudulent book entitled to copyright, <a href="#Page_46">46</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Garfield</span>, biography of, <b><a href="#Page_278">278</a></b></span> -<span class="i0">Germany: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i2">proclaimed under Chace Act, <b><a href="#Page_249">249</a></b></span> -<span class="i0">"Golden Treasury," <a href="#Page_25">25</a></span> -<span class="i0">"Guide to Science," <a href="#Page_24">24</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Haiti</span>: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i0">Hale, pleas of the Crown, <a href="#Page_115">115</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Ignorance</span> no excuse for infringement of—</span> -<span class="i2">common law rights, <a href="#Page_223">223</a></span> -<span class="i2">books, <a href="#Page_85">85</a>, <a href="#Page_102">102</a></span> -<span class="i2">performing rights, <a href="#Page_142">142</a>, <a href="#Page_143">143</a></span> -<span class="i2">engravings, <a href="#Page_156">156</a></span> -<span class="i2">sculpture, <a href="#Page_165">165</a></span> -<span class="i2">paintings, drawings, and photographs, <a href="#Page_179">179</a></span> -<span class="i0">Illustrations—</span> -<span class="i2">copyright in when published with book,<a href="#Page_14">14</a></span> -<span class="i2">no literary copyright when published separately, <a href="#Page_14">14</a></span> -<span class="i2">may be protected under Engravings Acts, <a href="#Page_149">149</a></span> -<span class="i0">Immoral works, <a href="#Page_46">46</a>, <a href="#Page_152">152</a>, <a href="#Page_163">163</a>, <a href="#Page_174">174</a>, <a href="#Page_223">223</a>, <a href="#Page_231">231</a>, <b><a href="#Page_266">266</a></b></span> -<span class="i0">Importation, <a href="#Page_84">84</a>, <i><a href="#Page_287">287</a>, <a href="#Page_294">294</a></i>—</span> -<span class="i2">seizure by Customs, <a href="#Page_84">84</a>, <a href="#Page_91">91</a></span> -<span class="i0">Importation (<i>continued</i>)—</span> -<span class="i2">penalty on importing or selling foreign copies, <a href="#Page_84">84</a>, <a href="#Page_91">91</a></span> -<span class="i2">prohibition of books printed outside U. S. A., <b><a href="#Page_294">294</a></b></span> -<span class="i0">Indecent works, <a href="#Page_46">46</a>, <a href="#Page_152">152</a>, <a href="#Page_163">163</a>, <a href="#Page_174">174</a></span> -<span class="i0">Infringement of copyright: <i>see</i> Remedies Books—</span> -<span class="i2">what is a piratical copy, <a href="#Page_96">96</a>, <a href="#Page_97">97</a>, <b><a href="#Page_276">276</a></b>—</span> -<span class="i2">substantial part, <a href="#Page_97">97</a>, <b><a href="#Page_279">279</a></b></span> -<span class="i2"><i>animus furandi</i>, <a href="#Page_100">100</a>, <b><a href="#Page_277">277</a></b></span> -<span class="i2">not necessarily for profit, <a href="#Page_101">101</a></span> -<span class="i2">copy for private use, <a href="#Page_102">102</a>, <b><a href="#Page_277">277</a></b> may be indirect and unintentional, <a href="#Page_102">102</a>, <b><a href="#Page_277">277</a></b></span> -<span class="i2">custom of trade, <a href="#Page_102">102</a></span> -<span class="i2">fair use, <a href="#Page_103">103</a>, <b><a href="#Page_281">281</a></b></span> -<span class="i2">no monopoly, <a href="#Page_103">103</a>, <b><a href="#Page_178">178</a></b></span> -<span class="i2">facts may be taken, <a href="#Page_104">104</a></span> -<span class="i2">schemes and ideas may be taken, <a href="#Page_104">104</a>, <b><a href="#Page_282">282</a></b></span> -<span class="i2">author must do his own work, <a href="#Page_105">105</a></span> -<span class="i2">no excuse that he could easily have obtained same result, <a href="#Page_109">109</a>, <b><a href="#Page_282">282</a></b></span> -<span class="i2">work with different object, <a href="#Page_109">109</a>, <b><a href="#Page_283">283</a></b></span> -<span class="i2">extract for purpose of criticism, <a href="#Page_111">111</a>, <b><a href="#Page_284">284</a></b></span> -<span class="i2">improvement and addition no excuse, <a href="#Page_112">112</a>, <i><a href="#Page_283">283</a></i></span> -<span class="i2">dramatization of novel, <a href="#Page_114">114</a></span> -<span class="i2">abridgments, <a href="#Page_114">114</a>, <i><a href="#Page_284">284</a></i></span> -<span class="i2">translations, <a href="#Page_116">116</a>, <i><a href="#Page_286">286</a></i></span> -<span class="i2">dramatic and musical performing rights: <i>see</i> Performing Rights</span> -<span class="i2">engravings, <a href="#Page_155">155</a>, <b><a href="#Page_276">276</a></b></span> -<span class="i2">sculpture, <a href="#Page_164">164</a></span> -<span class="i2">paintings, drawings, and photographs, <a href="#Page_177">177</a>, <a href="#Page_181">181</a>, <b><a href="#Page_276">276</a></b></span> -<span class="i0">Injunction: <i>see</i> Remedies—</span> -<span class="i2">interlocutory, <a href="#Page_87">87</a>, <b><a href="#Page_291">291</a></b></span> -<span class="i2">final, <a href="#Page_87">87</a>, <b><a href="#Page_291">291</a></b></span> -<span class="i2">terms of, <a href="#Page_88">88</a></span> -<span class="i2">probability of damage must be shown, <a href="#Page_88">88</a></span> -<span class="i2">future number of periodical, <a href="#Page_88">88</a></span> -<span class="i2">when difficult to enforce, <a href="#Page_89">89</a></span> -<span class="i0">International Copyright, <a href="#Page_193">193</a>—</span> -<span class="i2">copyright in foreign states, <a href="#Page_193">193</a></span> -<span class="i2">copyright in works first produced in foreign states, <a href="#Page_193">193</a></span> -<span class="i2">signatories of the Berne Convention, <a href="#Page_194">194</a></span> -<span class="i2">what foreign works are entitled to protection, <a href="#Page_195">195</a></span> -<span class="i2">when a work is deemed to be first produced, <a href="#Page_195">195</a></span> -<span class="i2">work must be entitled to protection both in this country and in the country of origin, <a href="#Page_196">196</a></span> -<span class="i2">unpublished works, <a href="#Page_196">196</a></span> -<span class="pagenum" id="Page_399">[399]</span> -<span class="i2">posthumous works, <a href="#Page_197">197</a></span> -<span class="i2">authorised translations, <a href="#Page_197">197</a></span> -<span class="i2">choregraphic works, <a href="#Page_197">197</a></span> -<span class="i2">works produced in foreign countries before December 6, 1889, <a href="#Page_197">197</a></span> -<span class="i2">formalities required in case of foreign works, <a href="#Page_198">198</a></span> -<span class="i2">who are entitled to sue in respect of foreign works, <a href="#Page_200">200</a></span> -<span class="i2">evidence of title to copyright in foreign work, <a href="#Page_200">200</a></span> -<span class="i2">protection afforded to foreign works, <a href="#Page_200">200</a></span> -<span class="i2">importation of copies printed in country of origin, <a href="#Page_201">201</a></span> -<span class="i2">courts will not inquire into foreign remedies, <a href="#Page_201">201</a></span> -<span class="i2">works published before December 6, 1887, <a href="#Page_202">202</a></span> -<span class="i2">translating right, <a href="#Page_203">203</a></span> -<span class="i2">articles in newspapers and periodicals, <a href="#Page_204">204</a></span> -<span class="i2">photographic works, <a href="#Page_204">204</a></span> -<span class="i2">performing rights, <a href="#Page_204">204</a></span> -<span class="i2">extract and quotation, <a href="#Page_205">205</a></span> -<span class="i2">adaptation and arrangement, <a href="#Page_205">205</a></span> -<span class="i0">Interrogatories, <a href="#Page_94">94</a></span> -<span class="i0">Intestacy, copyright passes on, <a href="#Page_83">83</a>, <b><a href="#Page_275">275</a></b></span> -<span class="i0">Italy: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i2">proclaimed under Chace Act, <b><a href="#Page_249">249</a></b></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Japan</span>: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i0">Johnson's "Prince of Abyssinia," <a href="#Page_115">115</a></span> -<span class="i0">Joint owners, <b><a href="#Page_270">270</a></b>—</span> -<span class="i2">authors, <a href="#Page_57">57</a>, <a href="#Page_64">64</a></span> -<span class="i2">assignees, <a href="#Page_79">79</a></span> -<span class="i0">Jurist Reports, <a href="#Page_28">28</a></span> -<span class="i0">Jury, trial before, <a href="#Page_94">94</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Labels</span>, not protected, <a href="#Page_168">168</a>, <b><a href="#Page_242">242</a>, <a href="#Page_246">246</a></b></span> -<span class="i0">Law Reports—</span> -<span class="i2">copyright in, <a href="#Page_28">28</a>, <b><a href="#Page_240">240</a></b></span> -<span class="i2">copyright formerly claimed by Crown, <a href="#Page_59">59</a></span> -<span class="i0">Lectures, copyright in, <a href="#Page_57">57</a>—</span> -<span class="i2">common law rights in, <a href="#Page_222">222</a></span> -<span class="i0">Letters, copyright in, <a href="#Page_14">14</a>, <b><a href="#Page_243">243</a></b>—</span> -<span class="i2">common law rights in, <a href="#Page_225">225</a></span> -<span class="i2">literary property in writer, <a href="#Page_225">225</a></span> -<span class="i2">rights of receiver, <a href="#Page_225">225</a></span> -<span class="i2">may be published to vindicate character, <a href="#Page_226">226</a></span> -<span class="i0">Letter-file not protected as a book, <b><a href="#Page_242">242</a></b></span> -<span class="i0">Libel—</span> -<span class="i2">libellous works not protected, <a href="#Page_46">46</a>, <a href="#Page_152">152</a>, <a href="#Page_163">163</a>, <a href="#Page_174">174</a></span> -<span class="i2">agreement to indemnify against action for, <a href="#Page_229">229</a></span> -<span class="i0">Libraries: <i>see</i> British Museum—</span> -<span class="i2">delivery of copies to, <a href="#Page_55">55</a></span> -<span class="i0">Library of Congress—</span> -<span class="i2">provisions as to copyright records, <b><a href="#Page_264">264</a></b></span> -<span class="i2">works may be imported for use of, <b><a href="#Page_295">295</a></b></span> -<span class="i0">Licence—</span> -<span class="i2">whether licensee can sue, <a href="#Page_82">82</a>, <a href="#Page_177">177</a>, <b><a href="#Page_274">274</a></b></span> -<span class="i2">distinguished from assignment, <a href="#Page_81">81</a></span> -<span class="i2">not to be presumed a sole licence, <a href="#Page_82">82</a></span> -<span class="i2">whether licensor can sue without licence, <a href="#Page_82">82</a></span> -<span class="i2">licence must be in writing, <a href="#Page_83">83</a>, <a href="#Page_118">118</a>, <a href="#Page_159">159</a>, <a href="#Page_166">166</a></span> -<span class="i2">as a defence to infringement, <a href="#Page_118">118</a>, <a href="#Page_159">159</a>, <a href="#Page_166">166</a>, <a href="#Page_184">184</a></span> -<span class="i0">Licensing statute, <a href="#Page_4">4</a></span> -<span class="i0">Licensing Canadian Fisher Act, <a href="#Page_188">188</a></span> -<span class="i0">Limitation of Action—</span> -<span class="i2">books, <a href="#Page_91">91</a></span> -<span class="i2">engravings, <a href="#Page_156">156</a></span> -<span class="i2">sculpture, <a href="#Page_165">165</a></span> -<span class="i2">paintings, drawings, and photographs, <a href="#Page_181">181</a></span> -<span class="i2">in the United States, <b><a href="#Page_292">292</a></b></span> -<span class="i0">Literary Property: <i>see</i> Book, Author, Assignment, Infringement, Duration of Copyright, International Copyright, Lectures, Letters, Owner of Copyright, Performing Rights, Periodical Works, Registration, Remedies, Common Law Rights, United States</span> -<span class="i0">Literary matter required in book, <a href="#Page_13">13</a></span> -<span class="i0">Literary merit: <i>see</i> Merit</span> -<span class="i0">Living pictures, <a href="#Page_182">182</a></span> -<span class="i0">Long Parliament, <a href="#Page_4">4</a></span> -<span class="i0">Luxembourg: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Malicious</span> criticism, <a href="#Page_213">213</a></span> -<span class="i0">Manuscript: <i>see</i> Unpublished Work—</span> -<span class="i2">ownership of and right to publish, <a href="#Page_74">74</a></span> -<span class="i2">book in manuscript would probably be protected, <a href="#Page_12">12</a>, <a href="#Page_38">38</a></span> -<span class="i0">Map, copyright in, <a href="#Page_14">14</a>, <a href="#Page_236">236</a>—</span> -<span class="i2">whether protected under Engraving Acts, <a href="#Page_148">148</a></span> -<span class="i0">Mark Twain, <a href="#Page_297">297</a></span> -<span class="i0">Master and servant—</span> -<span class="i2">master entitled to prevent servant using material acquired in his employment, <a href="#Page_215">215</a></span> -<span class="i2">master's right to work of servant, <a href="#Page_73">73</a></span> -<span class="i0">Mathematical calculations, <a href="#Page_23">23</a></span> -<span class="i0">Mechanical instruments, no copyright in, <a href="#Page_14">14</a>, <b><a href="#Page_242">242</a></b>—</span> -<span class="i2">not infringements of copyright, <a href="#Page_97">97</a>, <b><a href="#Page_276">276</a></b></span> -<span class="i0">Meeson and Welsby's Reports, <a href="#Page_28">28</a></span> -<span class="pagenum" id="Page_400">[400]</span> -<span class="i0">Merit, no literary merit required for book to obtain protection, <a href="#Page_13">13</a>, <a href="#Page_16">16</a>—</span> -<span class="i2">secus in the United States, <b><a href="#Page_237">237</a></b></span> -<span class="i0">Mexico proclaimed under Chace Act, <b><a href="#Page_249">249</a></b></span> -<span class="i0">Millais—</span> -<span class="i2">"The Huguenot," <a href="#Page_157">157</a></span> -<span class="i2">"Ordered on Foreign Service," <a href="#Page_173">173</a></span> -<span class="i2">"My First Sermon," <a href="#Page_173">173</a></span> -<span class="i0">Monaco: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i0">Music: <i>see</i> Performing Rights—</span> -<span class="i2">copyright in, <a href="#Page_36">36</a>, <a href="#Page_231">231</a></span> -<span class="i2">opera score infringed by dance music, <a href="#Page_113">113</a></span> -<span class="i2">adaptations of music entitled to copyright, <a href="#Page_130">130</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i0">Mutilation, author may prevent, <a href="#Page_213">213</a>, <b><a href="#Page_297">297</a></b></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Name</span>—</span> -<span class="i2">assignee of copyright may publish under author's name, <b><a href="#Page_297">297</a></b></span> -<span class="i0">Napoleon III. Cartoons in <i>Punch</i>, <a href="#Page_110">110</a></span> -<span class="i0">New editions—</span> -<span class="i2">new material in, is protected, <a href="#Page_26">26</a>, <b><a href="#Page_242">242</a></b></span> -<span class="i2">slight corrections and verbal alterations, <a href="#Page_27">27</a></span> -<span class="i2">registration of, <a href="#Page_51">51</a></span> -<span class="i2">duration of copyright in, <a href="#Page_57">57</a></span> -<span class="i2">passing off non-copyright edition for copyright one, <b><a href="#Page_298">298</a></b></span> -<span class="i0">Newspaper: <i>see</i> Periodical—</span> -<span class="i2">protected as a book, <a href="#Page_11">11</a></span> -<span class="i2">must be registered, <a href="#Page_48">48</a></span> -<span class="i0">Norway: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i0">Notes to non-copyright work protected, <a href="#Page_26">26</a>, <b><a href="#Page_241">241</a></b></span> -<span class="i0">Notice of objections, <a href="#Page_92">92</a></span> -<span class="i0">Notice reserving performing rights in music, <a href="#Page_131">131</a></span> -<span class="i0">Notice of copyright in United States, <b><a href="#Page_255">255</a></b></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Originality</span>, what is an essential element of book, <a href="#Page_15">15</a></span> -<span class="i0">Owner of copyright, who is—</span> -<span class="i2">certificate of registration <i>primâ facie</i> proof of ownership, <a href="#Page_53">53</a></span> -<span class="i2">Books—</span> -<span class="i4">the Crown, <a href="#Page_59">59</a></span> -<span class="i4">the universities, <a href="#Page_61">61</a></span> -<span class="i4">the author, <a href="#Page_62">62</a>, <a href="#Page_269">269</a></span> -<span class="i4">the employer, <a href="#Page_66">66</a>, <b><a href="#Page_271">271</a></b></span> -<span class="i4">the assignee, <a href="#Page_74">74</a>, <b><a href="#Page_272">272</a></b></span> -<span class="i4">the licensee, <a href="#Page_82">82</a></span> -<span class="i2">engravings, <a href="#Page_152">152</a></span> -<span class="i2">sculpture, <a href="#Page_164">164</a></span> -<span class="i2">paintings, drawings, and photographs, <a href="#Page_174">174</a></span> -<span class="i2">in the United States, <b><a href="#Page_269">269</a></b></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Paintings</span>, drawings, and photographs—</span> -<span class="i2">copyright in, <a href="#Page_167">167</a>, <b><a href="#Page_236">236</a></b>, <b><a href="#Page_246">246</a></b></span> -<span class="i2">what is an original work of art, <a href="#Page_167">167</a></span> -<span class="i2">what artistic element required, <a href="#Page_168">168</a></span> -<span class="i2">first publication if outside British dominion, destroys copyright, <a href="#Page_168">168</a></span> -<span class="i2">what is publication of work of art, <a href="#Page_169">169</a></span> -<span class="i2">artist must be British or resident within British dominions, <a href="#Page_170">170</a></span> -<span class="i2">registration, <a href="#Page_171">171</a>—</span> -<span class="i4">what must be registered, <a href="#Page_171">171</a></span> -<span class="i4">must be before infringement, <a href="#Page_171">171</a></span> -<span class="i4">assignee must be registered, <a href="#Page_172">172</a></span> -<span class="i4">short description of nature and subject of work required, <a href="#Page_173">173</a></span> -<span class="i4">immoral works, <a href="#Page_174">174</a></span> -<span class="i4">duration of protection, <a href="#Page_174">174</a></span> -<span class="i4">sale without reserving copyright, <a href="#Page_174">174</a></span> -<span class="i2">owner of the copyright, <a href="#Page_174">174</a>—</span> -<span class="i4">the author, <a href="#Page_174">174</a></span> -<span class="i4">the employer, <a href="#Page_175">175</a></span> -<span class="i4">the assignee, <a href="#Page_176">176</a></span> -<span class="i4">partial assignment, <a href="#Page_176">176</a></span> -<span class="i4">whether licensee can sue, <a href="#Page_176">176</a></span> -<span class="i2">infringement, <a href="#Page_177">177</a>—</span> -<span class="i4">prohibited acts and remedies, <a href="#Page_177">177</a></span> -<span class="i4">causing or procuring infringement, <a href="#Page_187">187</a></span> -<span class="i4">innocent agent, <a href="#Page_179">179</a></span> -<span class="i4">unlawful copy, <a href="#Page_179">179</a></span> -<span class="i4">separate offence, <a href="#Page_179">179</a></span> -<span class="i4">no minimum penalty, <a href="#Page_180">180</a></span> -<span class="i4">copying for private use, <a href="#Page_180">180</a></span> -<span class="i4">on breach of contract, <a href="#Page_180">180</a></span> -<span class="i4">affixing false name or initials, <a href="#Page_180">180</a></span> -<span class="i4">fraudulently representing false authorship, <a href="#Page_180">180</a></span> -<span class="i4">limitation of action, <a href="#Page_181">181</a></span> -<span class="i4">photograph of picture sufficient evidence of, <a href="#Page_181">181</a></span> -<span class="i2">what is piratical copy, <a href="#Page_181">181</a>—</span> -<span class="i4">no monopoly of subject-matter, <a href="#Page_181">181</a></span> -<span class="i4">general idea may be taken, <a href="#Page_182">182</a></span> -<span class="i4">material part, <a href="#Page_183">183</a></span> -<span class="i4">indirect taking, <a href="#Page_184">184</a></span> -<span class="i4">guilty knowledge, <a href="#Page_184">184</a></span> -<span class="i4">replicas, <a href="#Page_184">184</a></span> -<span class="i4">licence a defence, <a href="#Page_184">184</a></span> -<span class="i0">"Paradise Lost," with notes, <a href="#Page_26">26</a></span> -<span class="i0">Parliamentary papers, <a href="#Page_60">60</a></span> -<span class="i0">Part of a book entitled to copyright, <a href="#Page_12">12</a></span> -<span class="i0">Particulars, <a href="#Page_94">94</a></span> -<span class="i0">Partners—</span> -<span class="i2">firm name of publishers may be entered in register, <a href="#Page_52">52</a></span> -<span class="i0">Passing off: <i>see</i> Common Law Rights—</span> -<span class="i2">by similar title, <a href="#Page_204">204</a>, <b><a href="#Page_296">296</a></b></span> -<span class="i2">by similar binding, <b><a href="#Page_298">298</a></b></span> -<span class="i2">of non-copyright edition for a copyright one, <b><a href="#Page_298">298</a></b></span> -<span class="pagenum" id="Page_401">[401]</span> -<span class="i0">Patents, specification of, <a href="#Page_21">21</a></span> -<span class="i0">Pattern sleeve, no copyright in, <a href="#Page_14">14</a>, <a href="#Page_32">32</a>, <b><a href="#Page_242">242</a></b></span> -<span class="i0">Payment—</span> -<span class="i2">of author essential under section <a href="#Page_18">18</a>, <a href="#Page_71">71</a></span> -<span class="i0">Penalties: <i>see</i> Remedies</span> -<span class="i0">Performance, no infringement of copyright, <a href="#Page_120">120</a></span> -<span class="i0">Performing rights—</span> -<span class="i2">nature of, <a href="#Page_120">120</a></span> -<span class="i2">performing right at common law, <a href="#Page_121">121</a></span> -<span class="i2">history of protection of performing rights, <a href="#Page_122">122</a></span> -<span class="i2">what is a dramatic work, <a href="#Page_123">123</a></span> -<span class="i2">what dramatic works are protected, <a href="#Page_126">126</a></span> -<span class="i2">duration of performing rights, <a href="#Page_126">126</a></span> -<span class="i2">if first published or performed outside the British dominions, <a href="#Page_128">128</a></span> -<span class="i2">what is a musical composition, <a href="#Page_130">130</a></span> -<span class="i2">what musical works are protected, <a href="#Page_130">130</a></span> -<span class="i2">notice reserving musical performing rights, <a href="#Page_131">131</a></span> -<span class="i2">registration of performing rights, <a href="#Page_131">131</a></span> -<span class="i2">assignment of performing rights: <i>see</i> Assignment</span> -<span class="i2">Infringement of dramatic performing rights, <a href="#Page_135">135</a>, <b><a href="#Page_286">286</a></b></span> -<span class="i2">Infringement of musical performing rights, <a href="#Page_142">142</a>, <b><a href="#Page_287">287</a></b></span> -<span class="i2">remedies for infringement of performing rights, <a href="#Page_144">144</a></span> -<span class="i0">Periodical works—</span> -<span class="i2">proprietor's copyright in, <a href="#Page_66">66</a></span> -<span class="i2">author's separate rights to contributions, <a href="#Page_72">72</a></span> -<span class="i2">duration of protection, <a href="#Page_57">57</a></span> -<span class="i2">first number only need be registered, <a href="#Page_51">51</a></span> -<span class="i2">articles may be copied from foreign periodicals, <a href="#Page_204">204</a></span> -<span class="i0">Perpetual copyright—</span> -<span class="i2">question of, <a href="#Page_5">5</a></span> -<span class="i2">in the universities, <a href="#Page_61">61</a></span> -<span class="i0">Persons liable for infringement of copyright—</span> -<span class="i2">books, <a href="#Page_85">85</a></span> -<span class="i2">performing rights, <a href="#Page_139">139</a>, <a href="#Page_142">142</a>, <a href="#Page_143">143</a></span> -<span class="i2">engravings, <a href="#Page_156">156</a></span> -<span class="i2">sculpture, <a href="#Page_165">165</a></span> -<span class="i2">paintings, drawings, and photographs, <a href="#Page_178">178</a></span> -<span class="i2">United States copyright, <b><a href="#Page_291">291</a></b></span> -<span class="i0">Photographs: <i>see</i> Paintings, Drawings, and Photographs—</span> -<span class="i2">who is author of, <a href="#Page_174">174</a></span> -<span class="i2">who is owner of copyright in portrait, <a href="#Page_175">175</a></span> -<span class="i2">foreign photographs, <a href="#Page_204">204</a></span> -<span class="i2">protection in the United States, <b><a href="#Page_236">236</a></b>, <b><a href="#Page_245">245</a></b></span> -<span class="i0">Pianola, perforated scroll for: <i>see</i> Mechanical Instruments</span> -<span class="i0">Piracy: <i>see</i> Infringement—</span> -<span class="i2">whether piratical book entitled to copyright, <a href="#Page_46">46</a></span> -<span class="i0">Playwright: <i>see</i> Performing Rights</span> -<span class="i0">Pleading, <a href="#Page_92">92</a>, <b><a href="#Page_293">293</a></b></span> -<span class="i0">Portugal proclaimed under Chace Act, <b><a href="#Page_249">249</a></b></span> -<span class="i0">Posthumous works, <a href="#Page_57">57</a>, <a href="#Page_197">197</a></span> -<span class="i0">Prayer Book, <a href="#Page_59">59</a></span> -<span class="i0">Preamble of Literary Copyright Act, <a href="#Page_14">14</a></span> -<span class="i0">Precedents, <a href="#Page_23">23</a></span> -<span class="i0">Printers' agreements, <a href="#Page_230">230</a></span> -<span class="i2">lien for printing charges, <a href="#Page_230">230</a></span> -<span class="i2">omission to print name and address on book, <a href="#Page_230">230</a></span> -<span class="i2">no payment before completion of order, <a href="#Page_230">230</a></span> -<span class="i2">printer does not insure manuscript, <a href="#Page_230">230</a></span> -<span class="i2">universal works, <a href="#Page_231">231</a></span> -<span class="i0">Prints: <i>see</i> Engravings</span> -<span class="i0">Profane works not protected, <a href="#Page_46">46</a>, <a href="#Page_152">152</a>, <a href="#Page_163">163</a>, <a href="#Page_174">174</a></span> -<span class="i0">Proprietor of collective work: <i>see</i> Periodical Works</span> -<span class="i0">Public Authorities Protection Act, <a href="#Page_92">92</a>, <a href="#Page_144">144</a></span> -<span class="i0">Public documents—</span> -<span class="i2">selection from, constitutes a copyright work, <a href="#Page_21">21</a></span> -<span class="i2">no copyright in mere transcript of, <a href="#Page_21">21</a></span> -<span class="i0">Publication—</span> -<span class="i2">Books—</span> -<span class="i2">divests the common law right, <a href="#Page_36">36</a></span> -<span class="i2">divestitive publication, <a href="#Page_37">37</a></span> -<span class="i4">performance of music or drama, <a href="#Page_37">37</a></span> -<span class="i4">delivery of lectures, <a href="#Page_37">37</a></span> -<span class="i4">book privately distributed, <a href="#Page_37">37</a></span> -<span class="i4">book issued to subscribers, <a href="#Page_37">37</a></span> -<span class="i4">music hall programme, <a href="#Page_38">38</a></span> -<span class="i4">public exhibition of book, <a href="#Page_38">38</a></span> -<span class="i2">invests the statutory copyright, <a href="#Page_38">38</a></span> -<span class="i2">investitive publication, <a href="#Page_38">38</a></span> -<span class="i4">whether book must be printed, <a href="#Page_38">38</a></span> -<span class="i4">whether distribution of copies necessary, <a href="#Page_39">39</a></span> -<span class="i4">deposit of copy in British Museum, <a href="#Page_39">39</a></span> -<span class="i4">proof of publication, <a href="#Page_39">39</a></span> -<span class="i4">book must be first published within British dominions, <a href="#Page_40">40</a></span> -<span class="i4">may be written anywhere, <a href="#Page_41">41</a></span> -<span class="i4">whether it must be printed within British dominions, <a href="#Page_40">40</a></span> -<span class="i4">previous performance abroad of dramatic or musical work, <a href="#Page_41">41</a></span> -<span class="i4">notice of objection as to, <a href="#Page_92">92</a></span> -<span class="i2">engravings, <a href="#Page_150">150</a></span> -<span class="i2">sculpture, <a href="#Page_162">162</a></span> -<span class="i2">paintings, drawings, and photographs, <a href="#Page_169">169</a></span> -<span class="i2">time of first publication must be registered to the day, <a href="#Page_51">51</a></span> -<span class="i2">United States, <b><a href="#Page_260">260</a></b></span> -<span class="pagenum" id="Page_402">[402]</span> -<span class="i2">name must be entered on register, <a href="#Page_49">49</a></span> -<span class="i2">liable for non-delivery to libraries, <a href="#Page_55">55</a></span> -<span class="i0">Publishers' agreements, <a href="#Page_227">227</a>—</span> -<span class="i2">not assignable unless so expressed, <a href="#Page_227">227</a></span> -<span class="i2">terminated by death, <a href="#Page_227">227</a></span> -<span class="i2">specific performance, <a href="#Page_227">227</a></span> -<span class="i2">agreement not to publish elsewhere, <a href="#Page_228">228</a></span> -<span class="i2">agreements not to write or publish similar works, <a href="#Page_228">228</a></span> -<span class="i2">price and embellishments, <a href="#Page_229">229</a></span> -<span class="i2">copyright, owner of, should be stated, <a href="#Page_229">229</a></span> -<span class="i2">libel, agreement to indemnify against action for, <a href="#Page_229">229</a></span> -<span class="i2">writing, when required, <a href="#Page_230">230</a></span> -<span class="i2">stamp, when required, <a href="#Page_230">230</a></span> -<span class="i0">Purpose for which literary matter composed immaterial, <a href="#Page_12">12</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Quotations</span>: <i>see</i> Extracts</span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Rectification</span> of register, <a href="#Page_54">54</a></span> -<span class="i0">Registration: <i>see</i> Paintings, Drawings, and Photographs—</span> -<span class="i2">of books—</span> -<span class="i4">must be entered before action, <a href="#Page_46">46</a></span> -<span class="i4">not necessary in action on performing right, <a href="#Page_47">47</a></span> -<span class="i4">need not be before infringement, <a href="#Page_47">47</a></span> -<span class="i4">cannot be effected before publication, <a href="#Page_47">47</a></span> -<span class="i4">newspaper must be registered, <a href="#Page_48">48</a></span> -<span class="i4">failure to register under Newspaper Libel Act does not affect copyright, <a href="#Page_48">48</a></span> -<span class="i4">requisite entry, <a href="#Page_49">49</a></span> -<span class="i4">fee for registration, <a href="#Page_49">49</a></span> -<span class="i4">inspection of register, <a href="#Page_49">49</a></span> -<span class="i4">actual title must be registered, <a href="#Page_49">49</a></span> -<span class="i4">whether copyright must be distinguished from non-copyright matter, <a href="#Page_50">50</a></span> -<span class="i4">immaterial that some copies are published under different title from title registered, <a href="#Page_50">50</a></span> -<span class="i4">time of first publication must be entered to the day, <a href="#Page_51">51</a></span> -<span class="i4">periodical, date of first number only, <a href="#Page_51">51</a></span> -<span class="i4">action against proprietor for publishing separately requires no registration, <a href="#Page_52">52</a></span> -<span class="i4">first publisher must be entered, <a href="#Page_52">52</a></span> -<span class="i4">place of abode, <a href="#Page_52">52</a>, <a href="#Page_53">53</a></span> -<span class="i4">proprietor at time of registration must be entered, <a href="#Page_52">52</a></span> -<span class="i4">plaintiff must appear on the register, <a href="#Page_53">53</a></span> -<span class="i4">registration of mesne assignments, <a href="#Page_53">53</a></span> -<span class="i4">neglect of officials at Stationers' Hall, <a href="#Page_53">53</a></span> -<span class="i4">superfluous matter on register immaterial, <a href="#Page_53">53</a></span> -<span class="i4">certificate of registration, <a href="#Page_53">53</a></span> -<span class="i4">registration <i>primâ facie</i> proof, <a href="#Page_53">53</a></span> -<span class="i4">false entries, <a href="#Page_54">54</a></span> -<span class="i4">rectification of register, <a href="#Page_54">54</a></span> -<span class="i4">notice of objection as to, <a href="#Page_92">92</a></span> -<span class="i0">Remedies—</span> -<span class="i2">for infringement of books, <a href="#Page_84">84</a>, <b><a href="#Page_287">287</a></b>—</span> -<span class="i4">damages, <a href="#Page_86">86</a>, <b><a href="#Page_290">290</a></b></span> -<span class="i4">account of profits, <a href="#Page_86">86</a>, <b><a href="#Page_289">289</a></b></span> -<span class="i4">injunction, <a href="#Page_86">86</a>, <b><a href="#Page_291">291</a></b></span> -<span class="i4">delivery up of copies, <b><a href="#Page_89">89</a></b>, <b><a href="#Page_290">290</a></b></span> -<span class="i4">seizure under Customs Act, <a href="#Page_91">91</a></span> -<span class="i4">importing or selling foreign copies, <a href="#Page_81">81</a>, <a href="#Page_91">91</a></span> -<span class="i4">limitation of action, <a href="#Page_91">91</a>, <b><a href="#Page_292">292</a></b></span> -<span class="i4">pleading, <a href="#Page_92">92</a>, <b><a href="#Page_293">293</a></b></span> -<span class="i2">for infringement of performing rights, <a href="#Page_144">144</a>, <b><a href="#Page_289">289</a></b>—</span> -<span class="i4">of engravings, <a href="#Page_155">155</a>, <b><a href="#Page_288">288</a></b></span> -<span class="i4">of sculpture, <a href="#Page_164">164</a>, <b><a href="#Page_288">288</a></b></span> -<span class="i4">of paintings, drawings, and photographs, <a href="#Page_177">177</a>, <b><a href="#Page_288">288</a></b></span> -<span class="i0">Reports: copyright in—</span> -<span class="i2">law reports, <a href="#Page_28">28</a>, <b><a href="#Page_240">240</a></b></span> -<span class="i2">head notes, <a href="#Page_28">28</a>, <a href="#Page_111">111</a></span> -<span class="i2">verbatim reports of speeches, <a href="#Page_29">29</a></span> -<span class="i2">verbatim reports of judgments, <a href="#Page_31">31</a></span> -<span class="i2">reports laid before Parliament, <a href="#Page_60">60</a></span> -<span class="i0">Reputation, author may protect his, <a href="#Page_213">213</a>, <b><a href="#Page_297">297</a></b></span> -<span class="i0">Road-books, <a href="#Page_16">16</a></span> -<span class="i0">Rosebery, Lord; reports of speeches in <i>Times</i>, <a href="#Page_29">29</a></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Sculpture</span>—</span> -<span class="i2">copyright in, <a href="#Page_161">161</a>, <b><a href="#Page_236">236</a></b></span> -<span class="i2">what is an original sculpture, <a href="#Page_161">161</a></span> -<span class="i2">must be first published within British dominions, <a href="#Page_162">162</a></span> -<span class="i2">what is publication of, <a href="#Page_162">162</a></span> -<span class="i2">whether author must be British, <a href="#Page_162">162</a></span> -<span class="i2">proprietor's name and date on each copy, <a href="#Page_162">162</a></span> -<span class="i2">immoral works, <a href="#Page_163">163</a></span> -<span class="i2">duration of protection, <a href="#Page_163">163</a></span> -<span class="i2">owner of copyright, <a href="#Page_164">164</a>—</span> -<span class="i4">artist, <a href="#Page_164">164</a></span> -<span class="i4">employer, <a href="#Page_164">164</a></span> -<span class="i4">assignee, <a href="#Page_164">164</a></span> -<span class="i2">infringement of copyright, <a href="#Page_164">164</a></span> -<span class="i2">prohibited acts and remedies, <a href="#Page_164">164</a></span> -<span class="i2">guilty knowledge, <a href="#Page_165">165</a></span> -<span class="i2">limitation of action, <a href="#Page_165">165</a></span> -<span class="pagenum" id="Page_403">[403]</span> -<span class="i2">copying for private use, <a href="#Page_165">165</a></span> -<span class="i2">what is a piratical copy, <a href="#Page_165">165</a></span> -<span class="i2">copying design in other form of art, <a href="#Page_165">165</a></span> -<span class="i2">licence a defence, <a href="#Page_166">166</a></span> -<span class="i0">Seditious works not entitled to protection, <a href="#Page_46">46</a>, <a href="#Page_152">152</a>, <a href="#Page_163">163</a>, <a href="#Page_174">174</a></span> -<span class="i0">Selections: <i>see</i> Extracts</span> -<span class="i0">Separately published, meaning of, <a href="#Page_12">12</a></span> -<span class="i0">Sermons: <i>see</i> Speeches</span> -<span class="i0">Sheet of letterpress protected as a book, <a href="#Page_11">11</a>, <b><a href="#Page_242">242</a></b></span> -<span class="i0">Ship on fire, <a href="#Page_123">123</a></span> -<span class="i0">Shorthand—</span> -<span class="i2">copyright in reports, <a href="#Page_29">29</a></span> -<span class="i2">shorthand copy is infringement of book, <a href="#Page_110">110</a></span> -<span class="i2">book in shorthand would be protected, <a href="#Page_11">11</a></span> -<span class="i0">Slander of title, <a href="#Page_213">213</a></span> -<span class="i0">Sleeve pattern, not a book, <a href="#Page_14">14</a></span> -<span class="i0">Smith's "Leading Cases," <a href="#Page_28">28</a>, <a href="#Page_111">111</a></span> -<span class="i0">Spain: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i2">proclaimed under Chase Act, <b><a href="#Page_249">249</a></b></span> -<span class="i0">Speeches—</span> -<span class="i2">speakers' rights in, <a href="#Page_223">223</a></span> -<span class="i2">copyright in shorthand report of, <a href="#Page_30">30</a></span> -<span class="i0">Stamp—</span> -<span class="i2">what stamp required on copyright agreements, <a href="#Page_230">230</a></span> -<span class="i0">Star chamber, <a href="#Page_4">4</a></span> -<span class="i0">Stationers' Hall: <i>see</i> Registration—</span> -<span class="i2">origin of company, <a href="#Page_3">3</a></span> -<span class="i2">neglect of officials at Stationers' Hall, <a href="#Page_53">53</a></span> -<span class="i0">Statistics, <a href="#Page_20">20</a>, <b><a href="#Page_237">237</a></b></span> -<span class="i0">Statue: <i>see</i> Sculpture</span> -<span class="i0">Statutes: <i>see</i> Acts of Parliament</span> -<span class="i0">Suppression of books, provision against, <a href="#Page_119">119</a></span> -<span class="i0">Switzerland: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <a href="#Page_194">194</a></span> -<span class="i2">proclaimed under Chace Act, <b><a href="#Page_249">249</a></b></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Term</span> Reports, <a href="#Page_28">28</a></span> -<span class="i0">Thackeray, extracts from, <a href="#Page_112">112</a></span> -<span class="i0">Time-tables, copyright in, <a href="#Page_22">22</a></span> -<span class="i0"><i>Times</i>, reports of Lord Rosebery's speeches, <a href="#Page_29">29</a></span> -<span class="i0">Title: <i>see</i> Common Law Rights; Passing off—</span> -<span class="i2">passing off by similar title, <a href="#Page_206">206</a>, <b><a href="#Page_296">296</a></b></span> -<span class="i2">no copyright in title, <a href="#Page_208">208</a>, <b><a href="#Page_244">244</a></b></span> -<span class="i2">slander of title, <a href="#Page_213">213</a></span> -<span class="i2">actual title must be registered, <a href="#Page_49">49</a></span> -<span class="i0">Topographical Dictionary, <a href="#Page_24">24</a></span> -<span class="i0">Translations—</span> -<span class="i2">give no exclusive right to translate a non-copyright work, <a href="#Page_25">25</a></span> -<span class="i2">whether an infringement of copyright, <a href="#Page_116">116</a></span> -<span class="i2">translating rights in foreign works, <a href="#Page_203">203</a></span> -<span class="i0">Trial, mode of, <a href="#Page_94">94</a></span> -<span class="i0">Tunis: <i>see</i> International Copyright—</span> -<span class="i2">signatory of Berne Convention, <b><a href="#Page_194">194</a></b></span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">United States</span>—</span> -<span class="i2">copyright in, <b><a href="#Page_233">233</a></b></span> -<span class="i2">what works protected in, <b><a href="#Page_236">236</a></b></span> -<span class="i2">rights of foreign authors, <b><a href="#Page_247">247</a></b></span> -<span class="i2">formalities which must be observed in, <b><a href="#Page_250">250</a></b>—</span> -<span class="i4">delivery of title or description, <b><a href="#Page_250">250</a>, <a href="#Page_251">251</a>, <a href="#Page_253">253</a></b></span> -<span class="i4">delivery of copies or photograph, <b><a href="#Page_250">250</a>, <a href="#Page_253">253</a></b></span> -<span class="i4">books, chromos, lithographs, and photographs must be printed in United States, <b><a href="#Page_254">254</a></b></span> -<span class="i4">notice of copyright must be printed on each copy, <b><a href="#Page_255">255</a></b></span> -<span class="i2">publication, <b><a href="#Page_260">260</a></b></span> -<span class="i2">Library of Congress, <b><a href="#Page_264">264</a></b></span> -<span class="i2">immoral works, <b><a href="#Page_266">266</a></b></span> -<span class="i2">duration of copyright in, <b><a href="#Page_267">267</a></b></span> -<span class="i2">owner of copyright in—</span> -<span class="i4">author, <b><a href="#Page_269">269</a></b></span> -<span class="i4">employer, <b><a href="#Page_271">271</a></b></span> -<span class="i4">state, <b><a href="#Page_272">272</a></b></span> -<span class="i4">assignee, <b><a href="#Page_272">272</a></b></span> -<span class="i2">infringement of copyright—</span> -<span class="i4">what is a piratical copy, <b><a href="#Page_276">276</a></b></span> -<span class="i4">prohibited acts and remedies, <b><a href="#Page_287">287</a></b></span> -<span class="i0">Universities, copyright of, <a href="#Page_61">61</a></span> -<span class="i4">Unpublished work: <i>see</i> Common Law Rights</span> -</div><div class="stanza"> -<span class="i0"><span class="smcap">Webster's</span> Dictionary, <b><a href="#Page_297">297</a></b></span> -<span class="i0">Will, copyright passes by, <a href="#Page_83">83</a>, <b><a href="#Page_275">275</a></b></span> -<span class="i0">Word, no copyright in single, <a href="#Page_14">14</a>, <a href="#Page_34">34</a></span> -</div></div> - -</div> - -<p class="caption"> -Printed by <span class="smcap">Ballantyne, Hanson & Co.</span> -Edinburgh & London<br /> -</p> - -<div class="footnotes"><h2>FOOTNOTES:</h2> - -<div class="footnote"> - -<p><a id="Footnote_1" href="#FNanchor_1" class="label">[1]</a> "The Law and History of Copyright in Books," by Augustine Birrell, 1899.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_2" href="#FNanchor_2" class="label">[2]</a> -13 and 14 Car. 2, c. 33.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_3" href="#FNanchor_3" class="label">[3]</a> -<i>Eyre</i> v. <i>Walker</i> (1735), 4 Burr., 2325; <i>Motte</i> v. <i>Falkner</i> (1735), 4 Burr., 2326; <i>Walthoe</i> -v. <i>Walker</i> (1736), 4 Burr., 2326; <i>Tonson</i> v. <i>Walker</i> (1752), 4 Burr., 2326.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_4" href="#FNanchor_4" class="label">[4]</a> -(1760), 1 W. Black, 301.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_5" href="#FNanchor_5" class="label">[5]</a> -<i>Osborne</i> v. <i>Donaldson</i> (1765), 2 Eden, Ch. Cas., 327.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_6" href="#FNanchor_6" class="label">[6]</a> -(1769), 4 Burr., 2303.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_7" href="#FNanchor_7" class="label">[7]</a> -(1774), 2 Bro. P. C., 129.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_8" href="#FNanchor_8" class="label">[8]</a> -(1769). 4 Burr., 2303.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_9" href="#FNanchor_9" class="label">[9]</a> -5 & 6 Vict. c. 45, secs. 15, 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_10" href="#FNanchor_10" class="label">[10]</a> -<i>Infra</i>, Section I.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_11" href="#FNanchor_11" class="label">[11]</a> -<i>Infra</i>, Section II., p. 36. Foreign works first published in certain foreign countries are -protected subject to the conditions of the International Copyright Acts, and are dealt with -in a separate chapter. Chapter X., p. <a href="#Page_193">193</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_12" href="#FNanchor_12" class="label">[12]</a> -This requisite for protection is extremely doubtful. Probably there is no restriction as -to nationality of the author. See <i>infra</i>, Section III., p. <a href="#Page_42">42</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_13" href="#FNanchor_13" class="label">[13]</a> -<i>Infra</i>, Section IV., p. <a href="#Page_46">46</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_14" href="#FNanchor_14" class="label">[14]</a> -<i>Infra</i>, Section V., p. <a href="#Page_46">46</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_15" href="#FNanchor_15" class="label">[15]</a> -<i>Infra</i>, Section VII., p. <a href="#Page_56">56</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_16" href="#FNanchor_16" class="label">[16]</a> -<i>Clementi</i> v. <i>Golding</i> (1809), 2 Camp., <a href="#Page_25">25</a>; <i>Storace</i> v. <i>Longman</i> (1788), 2 Camp., <a href="#Page_26">26</a> <i>n.</i>; -<i>Hime</i> v. <i>Dale</i> (1803), 2 Camp., <a href="#Page_27">27</a> <i>n.</i>; <i>White</i> v. <i>Geroch</i> (1819), 2 B. and Ald., 298.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_17" href="#FNanchor_17" class="label">[17]</a> -<i>Southern</i> v. <i>Bailes</i> (1894), <a href="#Page_38">38</a> Sol. J., 681.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_18" href="#FNanchor_18" class="label">[18]</a> -<i>Cox</i> v. <i>Land and Water</i> (1869), L. R. 9 Eq. 324.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_19" href="#FNanchor_19" class="label">[19]</a> -<i>Walter</i> v. <i>Howe</i> (1881), 17 Ch. D., 708; and see <i>Platt</i> v. <i>Walter</i> (1867), 17 L. T., 157.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_20" href="#FNanchor_20" class="label">[20]</a> -<i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. D., 425; <i>Cate</i> v. <i>Devon</i> (1889), 40 -Ch. D., 500.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_21" href="#FNanchor_21" class="label">[21]</a> - <i>Boosey</i> v. <i>Whight</i> [1900], 1 Ch., 122.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_22" href="#FNanchor_22" class="label">[22]</a> -<i>Nicols</i> v. <i>Pitman</i> (1884), 26 Ch. D., 374. Both this case and <i>Boosey</i> v. <i>Whight</i> are -cases of infringement, but they would seem equally to apply to a question whether a certain -scroll or document would be a "book" entitled to copyright under the Acts.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_23" href="#FNanchor_23" class="label">[23]</a> -See Stirling, J., in <i>Boosey</i> v. <i>Whight</i> [1899], 1 Ch., at p. 842.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_24" href="#FNanchor_24" class="label">[24]</a> -See Stirling, J., in <i>Boosey</i> v. <i>Whight</i> [1899], 1 Ch., at p. 842.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_25" href="#FNanchor_25" class="label">[25]</a> -<i>White</i> v. <i>Geroch</i> (1819), 2 B. and Ald., 298. See p. <a href="#Page_38">38</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_26" href="#FNanchor_26" class="label">[26]</a> -(1801), 1 East., 358; and see <i>White</i> v. <i>Geroch</i> (1819), 2 B. and Ald., 298; <i>Tonson</i> -v. <i>Walker</i> (1752), 3 Swanst., 672.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_27" href="#FNanchor_27" class="label">[27]</a> -<i>Black</i> v. <i>Murray</i> (1870), 9 M., 341; <i>Sweet</i> v. <i>Benning</i> (1855), 16 C. B., 459.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_28" href="#FNanchor_28" class="label">[28]</a> -<i>Bogue</i> v. <i>Houlston</i> (1852), 5 De Gex and Smale, 267.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_29" href="#FNanchor_29" class="label">[29]</a> -<i>Low</i> v. <i>Ward</i> (1868), L. R., 6 Eq., 415.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_30" href="#FNanchor_30" class="label">[30]</a> -<i>Leslie</i> v. <i>Young</i> [1894], A. C., 335.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_31" href="#FNanchor_31" class="label">[31]</a> -Lindley, L. J., in <i>Lamb</i> v. <i>Evans</i> [1893], 1 Ch., at p. 223.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_32" href="#FNanchor_32" class="label">[32]</a> -[1894], 3 Ch., 663.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_33" href="#FNanchor_33" class="label">[33]</a> -[1900], A. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_34" href="#FNanchor_34" class="label">[34]</a> -[1900], A. C., p. 548.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_35" href="#FNanchor_35" class="label">[35]</a> -(1882), 21 Ch. D., 369.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_36" href="#FNanchor_36" class="label">[36]</a> -21 Ch. D., at p. 378.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_37" href="#FNanchor_37" class="label">[37]</a> -<i>Infra</i>, p. 16.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_38" href="#FNanchor_38" class="label">[38]</a> -<i>Infra</i>, p. 16.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_39" href="#FNanchor_39" class="label">[39]</a> -<i>Infra</i>, p. 18.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_40" href="#FNanchor_40" class="label">[40]</a> -<i>Infra</i>, p. 20.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_41" href="#FNanchor_41" class="label">[41]</a> -<i>Infra</i>, p. 20.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_42" href="#FNanchor_42" class="label">[42]</a> -<i>Infra</i>, p. 22.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_43" href="#FNanchor_43" class="label">[43]</a> -<i>Infra</i>, p. 29.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_44" href="#FNanchor_44" class="label">[44]</a> -<i>Infra</i>, p. 225.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_45" href="#FNanchor_45" class="label">[45]</a> -<i>Infra</i>, p. 19.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_46" href="#FNanchor_46" class="label">[46]</a> -<i>Kenrick</i> v. <i>Danube Collieries</i> (1891), 39 W. R., 473.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_47" href="#FNanchor_47" class="label">[47]</a> -<i>Hollinrake</i> v. <i>Truswell</i> [1894], 3 Ch., 420.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_48" href="#FNanchor_48" class="label">[48]</a> -<i>Chilton</i> v. <i>Progress</i> [1895], 2 Ch., 29; <i>Maxwell</i> v. <i>Hogg</i> (1867), L. R., 2 Ch., at p. 318.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_49" href="#FNanchor_49" class="label">[49]</a> -<i>Hollinrake</i> v. <i>Truswell</i> [1894], 3 Ch., 420.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_50" href="#FNanchor_50" class="label">[50]</a> -<i>Davis</i> v. <i>Comitti</i> (1885), 52 L. T. (N. S.), 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_51" href="#FNanchor_51" class="label">[51]</a> -<i>Fourmat</i> v. <i>Pearson</i> (1897), 14 T. L. R., 82.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_52" href="#FNanchor_52" class="label">[52]</a> -<i>Infra</i>, p. 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_53" href="#FNanchor_53" class="label">[53]</a> -<i>Maple</i> v. <i>Junior Army and Navy Stores</i> (1882), 21 Ch. D., 369.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_54" href="#FNanchor_54" class="label">[54]</a> -<i>Stannard</i> v. <i>Lee</i> (1871), L. R., 6 Ch., 346; see <i>infra</i>, p. 148.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_55" href="#FNanchor_55" class="label">[55]</a> -<i>Walter</i> v. <i>Lane</i> [1900], A. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_56" href="#FNanchor_56" class="label">[56]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_57" href="#FNanchor_57" class="label">[57]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_58" href="#FNanchor_58" class="label">[58]</a> -<i>Wyatt</i> v. <i>Barnard</i> (1814), 3 V. and B., 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_59" href="#FNanchor_59" class="label">[59]</a> -<i>Baily</i> v. <i>Taylor</i> (1829), 1 Tamlyn, at p. 299 <i>n.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_60" href="#FNanchor_60" class="label">[60]</a> -<i>Matthewson</i> v. <i>Stockdale</i> (1806), 12 Ves., 270.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_61" href="#FNanchor_61" class="label">[61]</a> -<i>Walter</i> v. <i>Lane</i> [1900], A. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_62" href="#FNanchor_62" class="label">[62]</a> -<i>Walter</i> v. <i>Lane</i> [1900], A. C., 539. See Brougham, L., in <i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. C., at p. 965.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_63" href="#FNanchor_63" class="label">[63]</a> -<i>Infra</i>, p. 26.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_64" href="#FNanchor_64" class="label">[64]</a> -<i>Infra</i>, p. 25.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_65" href="#FNanchor_65" class="label">[65]</a> -<i>Infra</i>, p. 25.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_66" href="#FNanchor_66" class="label">[66]</a> -<i>Infra</i>, p. 24.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_67" href="#FNanchor_67" class="label">[67]</a> -<i>Infra</i>, p. 23.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_68" href="#FNanchor_68" class="label">[68]</a> -<i>Taylor</i> v. <i>Bayne</i> (1776), Mor. Dic., 8308; <i>Carnan</i> v. <i>Bowles</i> (1786), 2 Bro. C. C., 80; -<i>Cary</i> v. <i>Faden</i> (1799), 5 Ves., 24; <i>Cary</i> v. <i>Longman</i> (1801), 1 East., 358; <i>Cary</i> v. <i>Kearsley</i> -(1802), 4 Esp., 168.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_69" href="#FNanchor_69" class="label">[69]</a> -<i>Carnan</i> v. <i>Bowles</i> (1786), 2 Bro. C. C., 80; 1 Cox. Ch. Cas., 283.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_70" href="#FNanchor_70" class="label">[70]</a> -<i>Taylor</i> v. <i>Bayne</i> (1776), Mor. Dic., 8308.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_71" href="#FNanchor_71" class="label">[71]</a> -<i>Kelly</i> v. <i>Morris</i> (1866), L. R., 1 Eq., 697; Page Wood, V. C., at p. 701.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_72" href="#FNanchor_72" class="label">[72]</a> -<i>Matthewson</i> v. <i>Stockdale</i> (1806), 12 Ves., 270; <i>Longman</i> v. <i>Winchester</i> (1809), 16 Ves., -269; <i>Kelly</i> v. <i>Morris</i> (1866), L. R., 1 Eq., 697; <i>Morris</i> v. <i>Ashbee</i> (1868), L. R., 7 Eq., 34; -<i>Morris</i> v. <i>Wright</i> (1870), L. R., 5 Ch., 279; <i>Kelly's Directories</i> v. <i>Gavin & Lloyds</i> [1901], -1 Ch., 374; <i>Garland</i> v. <i>Gemmill</i> (1887), 14 S. C. R. (Canada), 321.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_73" href="#FNanchor_73" class="label">[73]</a> -<i>Matthewson</i> v. <i>Stockdale</i> (1806), 12 Ves. 270.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_74" href="#FNanchor_74" class="label">[74]</a> -<i>Longman</i> v. <i>Winchester</i> (1809), 16 Ves., 269.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_75" href="#FNanchor_75" class="label">[75]</a> -<i>Cornish</i> v. <i>Upton</i> (1861), 4 L. T. (N. S.), 862.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_76" href="#FNanchor_76" class="label">[76]</a> -<i>Kelly</i> v. <i>Morris</i> (1866), L. R., 1 Eq., 697.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_77" href="#FNanchor_77" class="label">[77]</a> -<i>Morris</i> v. <i>Ashbee</i> (1868), L. R., 7 Eq., 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_78" href="#FNanchor_78" class="label">[78]</a> -[1893], 1 Ch., 218.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_79" href="#FNanchor_79" class="label">[79]</a> -Bowen, L. J. [1893], 1 Ch., at p. 227.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_80" href="#FNanchor_80" class="label">[80]</a> -Lindley, L. J. [1893], 1 Ch., at p. 222; and see <i>Morris</i> v. <i>Ashbee</i> (1868), L. R., -7 Eq., 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_81" href="#FNanchor_81" class="label">[81]</a> -(1863), H. and M., 603.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_82" href="#FNanchor_82" class="label">[82]</a> -(1872), L. R., 14 Eq., 407.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_83" href="#FNanchor_83" class="label">[83]</a> -L. R., 14 Eq., at p. 414.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_84" href="#FNanchor_84" class="label">[84]</a> -(1875), L. R., 19 Eq., 623.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_85" href="#FNanchor_85" class="label">[85]</a> -(1872), L. R., 14 Eq., 407.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_86" href="#FNanchor_86" class="label">[86]</a> -(1863), 1 H. and M., 603.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_87" href="#FNanchor_87" class="label">[87]</a> -(1872), L. R., 14 Eq., 407.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_88" href="#FNanchor_88" class="label">[88]</a> -(1882), 21 Ch. D., 369.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_89" href="#FNanchor_89" class="label">[89]</a> -(1872), L. R., 14 Eq., 407.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_90" href="#FNanchor_90" class="label">[90]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_91" href="#FNanchor_91" class="label">[91]</a> -21 Ch. D., at p. 379; and see <i>Church</i> v. <i>Linton</i> (1894), 25 Ont. Rep., 131.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_92" href="#FNanchor_92" class="label">[92]</a> -(1898), 78 L. T. (N. S.), 613.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_93" href="#FNanchor_93" class="label">[93]</a> -(1863), 1 H. and M., 603.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_94" href="#FNanchor_94" class="label">[94]</a> -(1884), 26 Ch. D., 637.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_95" href="#FNanchor_95" class="label">[95]</a> -(1886), 2 T. L. R., 291.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_96" href="#FNanchor_96" class="label">[96]</a> -<i>Walford</i> v. <i>Johnston</i>, 20 D., 1160.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_97" href="#FNanchor_97" class="label">[97]</a> -<i>Maclean</i> v. <i>Moody</i>, 20 D., 1154; and see <i>Kelly's Directories</i> v. <i>Gavin & Lloyds</i> [1901], -1 Ch., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_98" href="#FNanchor_98" class="label">[98]</a> -<i>Scott</i> v. <i>Stanford</i> (1867), L. R., 3 Eq., 718.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_99" href="#FNanchor_99" class="label">[99]</a> -L. R., 3 Eq., at p. 723.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_100" href="#FNanchor_100" class="label">[100]</a> -<i>Wyatt</i> v. <i>Barnard</i> (1814), 3 V. and B., 77; <i>Trade Auxiliary Co.</i> v. <i>Middlesborough</i> -(1889), 40 Ch. D., 425.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_101" href="#FNanchor_101" class="label">[101]</a> -(1889), 40 Ch. D., 425; and see <i>Hall</i> v. <i>Whittington</i> (1892), 15 Vic. L. R., 525.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_102" href="#FNanchor_102" class="label">[102]</a> -(1889), 40 Ch. D., 500.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_103" href="#FNanchor_103" class="label">[103]</a> -(1814), 3 V. and B., 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_104" href="#FNanchor_104" class="label">[104]</a> -(1869), L. R., 9 Eq., 324.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_105" href="#FNanchor_105" class="label">[105]</a> -[1894], A. C., 335.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_106" href="#FNanchor_106" class="label">[106]</a> -(1829) 1 R. and M., 73; see also <i>King</i> v. <i>Reed</i> (1804), 8 Ves., 223.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_107" href="#FNanchor_107" class="label">[107]</a> -(1847), 11 Jur., 344.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_108" href="#FNanchor_108" class="label">[108]</a> -(1732), cited 2 Bro. P. C. 138; and Ambl., 694.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_109" href="#FNanchor_109" class="label">[109]</a> -(1847), 9 D., 748.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_110" href="#FNanchor_110" class="label">[110]</a> -<i>Southern</i> v. <i>Bailes</i> (1894), 38 Sol. J., 681; see <i>Church</i> v. <i>Linton</i> (1894), 25 Ont. Rep., -131.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_111" href="#FNanchor_111" class="label">[111]</a> -See <i>Longman</i> v. <i>Winchester</i> (1809), 16 Ves., at p. 271.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_112" href="#FNanchor_112" class="label">[112]</a> -(1821), Jac., 311; and see <i>Marzials</i> v. <i>Gibbons</i> (1874), L. R., 9 Ch., 518.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_113" href="#FNanchor_113" class="label">[113]</a> -(1839), 2 Beav., 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_114" href="#FNanchor_114" class="label">[114]</a> -(1843), 5 D., 416.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_115" href="#FNanchor_115" class="label">[115]</a> -(1857), 3 K. and J., 708.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_116" href="#FNanchor_116" class="label">[116]</a> -(1858), 31 L. T. (O. S.), 18; 6 W. R., 352.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_117" href="#FNanchor_117" class="label">[117]</a> -<i>Macmillan</i> v. <i>Suresh Chunder Deb</i> (1890), Ind. L. R., 17 Calc., 951; see <i>Moffat and -Paige</i> v. <i>Gill</i> [1902], C. A., April 25.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_118" href="#FNanchor_118" class="label">[118]</a> -<i>Gyles</i> v. <i>Wilcox</i> (1740), 2 Alk., 142.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_119" href="#FNanchor_119" class="label">[119]</a> -<i>Wyatt</i> v. <i>Barnard</i> (1814), 3 V. and B., 77; <i>Chatterton</i> v. <i>Cave</i> (1875), 10 C. P., 572; -(1878), 3 A. C., 483.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_120" href="#FNanchor_120" class="label">[120]</a> -<i>Tree</i> v. <i>Bowkett</i> (1896), 74 L. T., 77; <i>Hatton</i> v. <i>Kean</i> (1859), 7 C. B. (N. S.), 268; -<i>Chatterton</i> v. <i>Cave</i> (1875), L. R., 10 C. P., 572; (1878), 3 A. C., 483.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_121" href="#FNanchor_121" class="label">[121]</a> -<i>Wood</i> v. <i>Boosey</i> (1867), 7 B. and S., 869; <i>Boosey</i> v. <i>Fairlie</i> (1877), 7 Ch. D., 301; (1868), -9 B. and S., 175.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_122" href="#FNanchor_122" class="label">[122]</a> -<i>Lover</i> v. <i>Davidson</i> (1856), 1 C. B. (N. S.), 182; <i>Leader</i> v. <i>Purday</i> (1849), 7 C. B., 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_123" href="#FNanchor_123" class="label">[123]</a> -<i>Tonson</i> v. <i>Walker</i> (1753), 3 Swanst., 672.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_124" href="#FNanchor_124" class="label">[124]</a> -(1801), 1 East., 358; and see <i>Mason</i> v. <i>Murray</i> cited, 1 East, 360 (Gray's Poems).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_125" href="#FNanchor_125" class="label">[125]</a> -(1852), 1 Drew, 353.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_126" href="#FNanchor_126" class="label">[126]</a> -1 Drew, at p. 365.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_127" href="#FNanchor_127" class="label">[127]</a> -(1787), Mor. Dic., 8310.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_128" href="#FNanchor_128" class="label">[128]</a> -(1870), 9 M., 341; and see <i>Maple</i> v. <i>Junior Army and Navy Stores</i> (1882), 21 Ch. D., -369, at p. 373; <i>Hayward</i> v. <i>Lely</i> (1887), 56 L. T. (N. S.), 418; <i>Moffat & Paige</i> v. <i>Gill</i> [1902], -C. A., April 25.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_129" href="#FNanchor_129" class="label">[129]</a> -<i>Thomas</i> v. <i>Turner</i> (1886), 33 Ch. D., 292.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_130" href="#FNanchor_130" class="label">[130]</a> -(1841), 3 D., 383.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_131" href="#FNanchor_131" class="label">[131]</a> -3 D., at p. 387.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_132" href="#FNanchor_132" class="label">[132]</a> -<i>Carnan</i> v. <i>Bowles</i> (1786), 2 Bro. C. C., 80, per L. C., at p. 83.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_133" href="#FNanchor_133" class="label">[133]</a> -(1870), 9 M., at p. 352.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_134" href="#FNanchor_134" class="label">[134]</a> -(1801), 5 Ves., 709.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_135" href="#FNanchor_135" class="label">[135]</a> -(1839), 3 Jur., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_136" href="#FNanchor_136" class="label">[136]</a> -(1840), 11 Sim., 51.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_137" href="#FNanchor_137" class="label">[137]</a> -(1838), 3 My. and Cr., 711.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_138" href="#FNanchor_138" class="label">[138]</a> -(1855), 16 C. B., 459; see <i>Hodges</i> v. <i>Welsh</i> (1840), 2 Ir. Eq. R., 266.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_139" href="#FNanchor_139" class="label">[139]</a> -16 C. B., Crowder, J., at p. 491.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_140" href="#FNanchor_140" class="label">[140]</a> -See <i>infra</i>, p. 240.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_141" href="#FNanchor_141" class="label">[141]</a> -[1900], A. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_142" href="#FNanchor_142" class="label">[142]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_143" href="#FNanchor_143" class="label">[143]</a> -[1900], A. C., at p. 545.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_144" href="#FNanchor_144" class="label">[144]</a> -[1900], A. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_145" href="#FNanchor_145" class="label">[145]</a> -See p. <a href="#Page_15">15</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_146" href="#FNanchor_146" class="label">[146]</a> -See pp. 37, 223.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_147" href="#FNanchor_147" class="label">[147]</a> -5 & 6 Will. IV. c. 65.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_148" href="#FNanchor_148" class="label">[148]</a> -[1900], A. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_149" href="#FNanchor_149" class="label">[149]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_150" href="#FNanchor_150" class="label">[150]</a> -See <i>infra</i>, p. 240.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_151" href="#FNanchor_151" class="label">[151]</a> -(1869), 20 L. T. (N. S.), 435.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_152" href="#FNanchor_152" class="label">[152]</a> -Such an article as this, a mere scheme or plan for arranging material, would not be -protected under the law of patents; <i>in re Cooper</i> (1902), 19 Pat. Des. and Trade Mark Cases, -53; <i>in re Johnson</i> (1902), 19 Pat. Des. and Trade Mark Cases, 56.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_153" href="#FNanchor_153" class="label">[153]</a> -(1882), 47 L. T. (N. S.), 432.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_154" href="#FNanchor_154" class="label">[154]</a> -(1885), 52 L. T. (N. S.), 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_155" href="#FNanchor_155" class="label">[155]</a> -[1894], 3 Ch., 420; see American Law, p. 242, <i>infra</i>, where a similar article was protected. -It has also been protected in Victoria, <i>Hanbury</i> v. <i>Dumsday</i> (1884), 10 Vic. L. R., -Eq., 272.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_156" href="#FNanchor_156" class="label">[156]</a> -Lord Herschell, L. C. [1894], 3 Ch., 420, at p. 424.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_157" href="#FNanchor_157" class="label">[157]</a> -<i>Griffin</i> v. <i>Kingston</i> (1889), 17 Ont. Rep., 660; see <i>Church</i> v. <i>Linton</i> (1894), 25 Ont. -Rep., 131, where some of the dicta in the above case were disapproved.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_158" href="#FNanchor_158" class="label">[158]</a> -[1900], 1 Ch., 122.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_159" href="#FNanchor_159" class="label">[159]</a> -<i>Chilton</i> v. <i>Progress Printing and Publishing Co.</i> [1895], 2 Ch., 29.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_160" href="#FNanchor_160" class="label">[160]</a> -Lindley, L. J. [1895], 2 Ch., at p. 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_161" href="#FNanchor_161" class="label">[161]</a> -(1852), 5 De Gex and Smale, 267; see <i>Roworth</i> v. <i>Wilkes</i> (1807), 1 Camp., 94; <i>Newton</i> -v. <i>Cowie</i> (1827), 4 Bing., 234.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_162" href="#FNanchor_162" class="label">[162]</a> -See 21 Ch. D., 380.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_163" href="#FNanchor_163" class="label">[163]</a> -Parker, V. C., 5 De Gex and Smale, at p. 274.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_164" href="#FNanchor_164" class="label">[164]</a> -(1882), 21 Ch. D., 369; and see <i>Cooper</i> v. <i>Stephens</i> [1895], 1 Ch., 567; <i>Marshall</i> v. <i>Petty</i> -(1900), 17 T. L. R., 501.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_165" href="#FNanchor_165" class="label">[165]</a> -At p. 377</p></div> - -<div class="footnote"> - -<p><a id="Footnote_166" href="#FNanchor_166" class="label">[166]</a> -(1981), 64 L. T. (N. S.), 452.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_167" href="#FNanchor_167" class="label">[167]</a> -(1895), 43 W. R., 266; and see <i>Guggenheim</i> v. <i>Leng</i> (1896), 12 T. L. R., 491.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_168" href="#FNanchor_168" class="label">[168]</a> -<i>Strong</i> v. <i>Worskett</i> (1896), 12 T. L. R., 532; <i>Fisher</i> v. <i>Folds</i> (1834), 1 Jones, Ir. -Ex., 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_169" href="#FNanchor_169" class="label">[169]</a> -(1896), 12 T. L. R., 532.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_170" href="#FNanchor_170" class="label">[170]</a> -<i>Beckford</i> v. <i>Hood</i> (1798), 7 T. R., 620.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_171" href="#FNanchor_171" class="label">[171]</a> -<i>Hollinrake</i> v. <i>Truswell</i> [1894], 3 Ch., at p. 427.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_172" href="#FNanchor_172" class="label">[172]</a> -<i>Bach</i> v. <i>Longman</i> (1777), 2 Camp., 623; <i>Clementi</i> v. <i>Golding</i> (1809), 2 Camp., 25; <i>White</i> -v. <i>Geroch</i> (1819), 2 B. and Ald., 298; <i>D'Almaine</i> v. <i>Boosey</i> (1835), 1 Y. and C. Ex., 288; -<i>Jeffreys</i> v. <i>Boosey</i> (1854). 4 H. L. C., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_173" href="#FNanchor_173" class="label">[173]</a> -<i>Coleman</i> v. <i>Wathen</i> (1793), 5 T. R., 245; <i>Macklin</i> v. <i>Richardson</i> (1770), Amb., 694; -<i>D'Almaine</i> v. <i>Boosey</i> (1835), 1 Y. and C. Ex., 288.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_174" href="#FNanchor_174" class="label">[174]</a> -<i>Caird</i> v. <i>Sime</i> (1887), 12 A. C., 326; <i>Abernethy</i> v. <i>Hutchinson</i> (1825), 3 L. J. (O. S.), Ch., -309. See p. <a href="#Page_222">222</a>, <i>infra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_175" href="#FNanchor_175" class="label">[175]</a> -<i>Nicols</i> v. <i>Pitman</i> (1884), 26 Ch. D., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_176" href="#FNanchor_176" class="label">[176]</a> -See <i>Walter</i> v. <i>Lane</i> [1900], H. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_177" href="#FNanchor_177" class="label">[177]</a> -<i>Kenrick</i> v. <i>Danube Collieries</i> (1891), 39 W. R., 473; <i>Prince Albert</i> v. <i>Strange</i> (1849), -2 De G. and Sm., 652; <i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. C., 815; <i>Exchange Telegraph</i> v. -<i>Gregory</i> [1896], 1 Q. B., 147; <i>Exchange Telegraph</i> v. <i>Central News</i> [1897], 2 Ch., 48; -<i>Millar</i> v. <i>Taylor</i> (1769), 4 Burr., at p. 2417; <i>Turner</i> v. <i>Robinson</i> (1860), 10 Ir. Ch. R., 121, -510.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_178" href="#FNanchor_178" class="label">[178]</a> -<i>Blanchett</i> v. <i>Ingram</i> (1887), 3 T. L. R., 687.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_179" href="#FNanchor_179" class="label">[179]</a> -(1819), 2 B. and Ald., 298.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_180" href="#FNanchor_180" class="label">[180]</a> -(1876), 5 Ch. D., 267.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_181" href="#FNanchor_181" class="label">[181]</a> -<i>Turner</i> v. <i>Robinson</i> (1860), 10 Ir. Ch. R., 121, 510.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_182" href="#FNanchor_182" class="label">[182]</a> -<i>Clementi</i> v. <i>Walker</i> (1824), 2 Bar and Cres., 861.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_183" href="#FNanchor_183" class="label">[183]</a> -<i>Routledge</i> v. <i>Low</i> (1868), L. R., 3 H. L., 100; <i>Jeffreys</i> v. <i>Boosey</i> (1854), 4 H. L. C., 815; -<i>Boosey</i> v. <i>Purday</i> (1849), 4 Ex., 145; <i>Chappell</i> v. <i>Purday</i> (1845), 14 M. and W., 303; <i>Cocks</i> -v. <i>Purday</i> (1848), 5 C. B., 860.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_184" href="#FNanchor_184" class="label">[184]</a> -49 & 50 Vict. c. 33, sec. 8 (1).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_185" href="#FNanchor_185" class="label">[185]</a> -<i>Cocks</i> v. <i>Purday</i> (1848), 5 C. B., 860; <i>Buxton</i> v. <i>James</i> (1851), 5 De G. and S., 80.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_186" href="#FNanchor_186" class="label">[186]</a> -<i>Reid</i> v. <i>Maxwell</i> (1886), 2 T. L. R., 790.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_187" href="#FNanchor_187" class="label">[187]</a> -<i>Lover</i> v. <i>Davidson</i> (1856), 1 C. B. (N. S.), 182.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_188" href="#FNanchor_188" class="label">[188]</a> -<i>Buxton</i> v. <i>James</i> (1851), 5 De. G. and S., 80; as to author's nationality or residence, -see p. 42.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_189" href="#FNanchor_189" class="label">[189]</a> -(1854), 4 H. L. C., at p. 983.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_190" href="#FNanchor_190" class="label">[190]</a> -(1824), 2 B. and C., 861, at p. 867.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_191" href="#FNanchor_191" class="label">[191]</a> -7 & 8 Vict. c. 12, sec. 19.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_192" href="#FNanchor_192" class="label">[192]</a> -See p. <a href="#Page_193">193</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_193" href="#FNanchor_193" class="label">[193]</a> -<i>Boucicault</i> v. <i>Delafield</i> (1863), 1 H. and M., 597; <i>Boucicault</i> v. <i>Chatterton</i> (1876), -5 Ch. D., 267.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_194" href="#FNanchor_194" class="label">[194]</a> -<i>Boucicault</i> v. <i>Delafield</i> (1863), 1 H. and M., 597; <i>Boucicault</i> v. <i>Chatterton</i> (1876), 5 Ch. -D., 267; <i>Ex p. Dobson</i> (1892), 12 N. Z. L. R., 171.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_195" href="#FNanchor_195" class="label">[195]</a> -<i>Boucicault</i> v. <i>Chatterton</i> (1876), 5 Ch. D., 267.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_196" href="#FNanchor_196" class="label">[196]</a> -(1849), 13 Q. B., 257.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_197" href="#FNanchor_197" class="label">[197]</a> - <i>D'Almaine</i> v. <i>Boosey</i> (1835), 1 Y. and C. Ex., 288; see Willes, J., in <i>Millar</i> v. <i>Taylor</i> -(1769), 4 Burr., at p. 2310; <i>Delondre</i> v. <i>Shaw</i> (1828), 2 Sim., 240.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_198" href="#FNanchor_198" class="label">[198]</a> -(1839), 10 Sim., 329.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_199" href="#FNanchor_199" class="label">[199]</a> -<i>Chappell</i> v. <i>Purday</i> (1845), 14 M. and W., 303; <i>Cocks</i> v. <i>Purday</i> (1848), 5 C. B., 860; -<i>Boosey</i> v. <i>Davidson</i> (1849), 13 Q. B., 257; <i>Boosey</i> v. <i>Purday</i> (1849), 4 Ex., 145; <i>Ollendorff</i> -v. <i>Black</i> (1850), 20 L. T., 165; <i>Boosey</i> v. <i>Jefferys</i> (1851), 6 Ex., 580; <i>Buxton</i> v. <i>James</i> (1851), -5 De G. and Sm., 80.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_200" href="#FNanchor_200" class="label">[200]</a> -(1854), 4 H. L. C., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_201" href="#FNanchor_201" class="label">[201]</a> -(1854), 4 H. L. C., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_202" href="#FNanchor_202" class="label">[202]</a> -(1868), L. R., 3 H. L., 100.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_203" href="#FNanchor_203" class="label">[203]</a> -(1854), 4 H. L. C., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_204" href="#FNanchor_204" class="label">[204]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_205" href="#FNanchor_205" class="label">[205]</a> -The Fine Arts Act, 1862, is expressly confined to the works of authors who are British -subjects or resident within the Dominions of the Crown; 25 & 26 Vict. c. 68.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_206" href="#FNanchor_206" class="label">[206]</a> -(1854), 4 H. L. C., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_207" href="#FNanchor_207" class="label">[207]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_208" href="#FNanchor_208" class="label">[208]</a> -(1868), L. R., 3 H. L., 100.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_209" href="#FNanchor_209" class="label">[209]</a> -(1868), L. R., 6 Eq., 415.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_210" href="#FNanchor_210" class="label">[210]</a> -(1868), L. R., 3 H. L., 100.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_211" href="#FNanchor_211" class="label">[211]</a> -(1854), 4 H. L. C., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_212" href="#FNanchor_212" class="label">[212]</a> -Art. 6, "Report Copyright Commission," 1878, p. lxix.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_213" href="#FNanchor_213" class="label">[213]</a> -Scrutton on "Copyright," 3rd ed., p. 121.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_214" href="#FNanchor_214" class="label">[214]</a> -Chamier on "Literary Copyright," p. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_215" href="#FNanchor_215" class="label">[215]</a> -<i>Lawrence</i> v. <i>Smith</i> (1822), Jac., 471; <i>Murray</i> v. <i>Benbow</i> (1822), Jac., 474 <i>n.</i>; <i>Cowan</i> -v. <i>Milbourn</i> (1867), L. R., 2 Exch., 230; <i>Burnett</i> v. <i>Chetwood</i> (1720), 2 Mer., 441; see -9 Will. III. c. 35 (1698).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_216" href="#FNanchor_216" class="label">[216]</a> -<i>Stockdale</i> v. <i>Onwhyn</i> (1826), 5 B. and Cr., 173; <i>Dodson</i> v. <i>Martin</i> (1880), 24 Sol. J., 572.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_217" href="#FNanchor_217" class="label">[217]</a> -<i>Hime</i> v. <i>Dale</i> (1803), 2 Camp., 27 <i>n.</i>; <i>Dr. Priestley's case</i>, cited 2 Mer., 437.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_218" href="#FNanchor_218" class="label">[218]</a> -<i>Hime</i> v. <i>Dale</i> (1803), 2 Camp., 27 <i>n.</i>; <i>Walcot</i> v. <i>Walker</i> (1802), 7 Ves., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_219" href="#FNanchor_219" class="label">[219]</a> -<i>Wright</i> v. <i>Tallis</i> (1845), 1 C. B., 893; <i>Hogg</i> v. <i>Kirby</i> (1803), 8 Ves., 215; <i>MacFarlane</i> -v. <i>Oak Foundry</i> (1883), 10 R., 801; <i>Hayward</i> v. <i>Lely</i> (1887), 56 L. T. (N. S.), 418; <i>Ward</i> v. -<i>Beeton</i> (1874), L. R., 19 Eq., 207; <i>Metzler</i> v. <i>Wood</i> (1878), 8 Ch. D., 606; <i>Chappell</i> v. -<i>Davidson</i> (1856), 2 K. and J., 123.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_220" href="#FNanchor_220" class="label">[220]</a> -<i>Wright</i> v. <i>Tallis</i> (1845), 1 C. B., 893.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_221" href="#FNanchor_221" class="label">[221]</a> -<i>Cary</i> v. <i>Faden</i> (1799), 5 Ves., 24; <i>Reade</i> v. <i>Conquest</i> (1862), 11 C. B. (N. S.), at p. 492.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_222" href="#FNanchor_222" class="label">[222]</a> -<i>Baschet</i> v. <i>London Illustrated</i> [1900], 1 Ch., 73; <i>Hayward</i> v. <i>Lely</i> (1887), 56 L. T. -(N. S.), 418.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_223" href="#FNanchor_223" class="label">[223]</a> -See point suggested, 1 C. B., 902.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_224" href="#FNanchor_224" class="label">[224]</a> -<i>Baschet</i> v. <i>London Illustrated</i> [1900], 1 Ch., 73; <i>Newman</i> v. <i>Pinto</i> (1887), L. T. -(N. S.), 31.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_225" href="#FNanchor_225" class="label">[225]</a> -<i>Dodson</i> v. <i>Martin</i> (1880), 24 Sol. J., 572.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_226" href="#FNanchor_226" class="label">[226]</a> -5 & 6 Vict. c. 45, secs. 11, 13, 24.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_227" href="#FNanchor_227" class="label">[227]</a> -5 & 6 Vict. c. 45, sec. 24.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_228" href="#FNanchor_228" class="label">[228]</a> -<i>Beckford</i> v. <i>Hood</i> (1798), 7 T. R., 620; <i>Roworth</i> v. <i>Wilkes</i> (1807), 1 Camp., 94.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_229" href="#FNanchor_229" class="label">[229]</a> -<i>Low</i> v. <i>Routledge</i> (1864), L. R., 1 Ch., 42; <i>Stannard</i> v. <i>Lee</i> (1871), L. R., 6 Ch., 346; -<i>Hogg</i> v. <i>Scott</i> (1874), L. R., 18 Eq., 444.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_230" href="#FNanchor_230" class="label">[230]</a> -<i>Russell</i> v. <i>Smith</i> (1848), 12 Q. B., 217; <i>Lacy</i> v. <i>Rhys</i> (1864), 4 B. and S., 873; <i>Marsh</i> -v. <i>Conquest</i> (1864), 17 C. B. (N. S.), 418; <i>Clark</i> v. <i>Bishop</i> (1872), 25 L. T., 908.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_231" href="#FNanchor_231" class="label">[231]</a> -<i>Goubaud</i> v. <i>Wallace</i> (1877), 36 L. T. (N. S.), 704; <i>Macmillan</i> v. <i>Suresh Chunder Deb</i> -(1890), Ind. L. R., 17 Calc., 951.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_232" href="#FNanchor_232" class="label">[232]</a> -<i>Warne</i> v. <i>Lawrence</i> (1886), 34 W. R., 452.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_233" href="#FNanchor_233" class="label">[233]</a> -(1879), 12 Ch. D., 886.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_234" href="#FNanchor_234" class="label">[234]</a> -(1880), 49 L. J. Ch., 412.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_235" href="#FNanchor_235" class="label">[235]</a> -<i>Henderson</i> v. <i>Maxwell</i> (1877). 5 Ch. D., 892; <i>Dicks</i> v. <i>Yates</i> (1881), 18 Ch. D., 76.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_236" href="#FNanchor_236" class="label">[236]</a> -<i>Hogg</i> v. <i>Maxwell</i> (1866), L. R., 2 Ch., 307; <i>Correspondent</i> v. <i>Saunders</i> (1865), 11 Jur. -(N. S.), 540; <i>Primrose Press</i> v. <i>Knowles</i> (1886), 2 T. L. R., 404.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_237" href="#FNanchor_237" class="label">[237]</a> -<i>Talbot</i> v. <i>Judges</i> (1887), 3 T. L. R., 398; <i>Schove</i> v. <i>Schmincké</i> (1886), 33 Ch. D., 546.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_238" href="#FNanchor_238" class="label">[238]</a> - (1889), 40 Ch. D., 425.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_239" href="#FNanchor_239" class="label">[239]</a> -<i>Walter</i> v. <i>Howe</i> (1881), 18 Ch. D., 708; <i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), -40 Ch. D., 425; <i>Cate</i> v. <i>Devon</i> (1889), 40 Ch. D., 500.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_240" href="#FNanchor_240" class="label">[240]</a> -<i>Cox</i> v. <i>Land and Water</i> (1869), L. R., 9 Eq., 324.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_241" href="#FNanchor_241" class="label">[241]</a> -<i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. D., 425.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_242" href="#FNanchor_242" class="label">[242]</a> -(1889), 40 Ch. D., 500; see also <i>Prowett</i> v. <i>Mortimer</i> (1856), 2 Jur. (N. S.), 414.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_243" href="#FNanchor_243" class="label">[243]</a> -<i>Chappell</i> v. <i>Davidson</i> (1856), 18 C. B., 194. See 32 & 33 Vict. c. 24.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_244" href="#FNanchor_244" class="label">[244]</a> -5 & 6 Vict. c. 45, sec. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_245" href="#FNanchor_245" class="label">[245]</a> -5 & 6 Vict. c. 45, sec. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_246" href="#FNanchor_246" class="label">[246]</a> -5 & 6 Vict. c. 45, sec. 19.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_247" href="#FNanchor_247" class="label">[247]</a> -(1889), 5 T. L. R., 594.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_248" href="#FNanchor_248" class="label">[248]</a> -<i>Per</i> Coleridge, L. C. J., in <i>Harris</i> v. <i>Smart</i> (1889), 5 T. L. R., 594.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_249" href="#FNanchor_249" class="label">[249]</a> -(1887), 57 L. T. (N. S.), 864.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_250" href="#FNanchor_250" class="label">[250]</a> -<i>Lover</i> v. <i>Davidson</i> (1856), 1 C. B., (N. S.), 182; <i>Leader</i> v. <i>Purday</i> (1848), 7 C. B., 4; -<i>Chappell</i> v. <i>Sheard</i> (1855), 2 K. and J., 117.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_251" href="#FNanchor_251" class="label">[251]</a> -(1889), 40 Ch. D., 500</p></div> - -<div class="footnote"> - -<p><a id="Footnote_252" href="#FNanchor_252" class="label">[252]</a> -40 Ch. D., at p. 506.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_253" href="#FNanchor_253" class="label">[253]</a> -(1864), 10 L. T. (N. S.), 838.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_254" href="#FNanchor_254" class="label">[254]</a> -As to what is publication, see p. 38.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_255" href="#FNanchor_255" class="label">[255]</a> -<i>Wood</i> v. <i>Boosey</i> (1867), L. R., 3 Q. B., 223.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_256" href="#FNanchor_256" class="label">[256]</a> -<i>Mathieson</i> v. <i>Harrod</i> (1868), L. R., 7 Eq., 270; <i>Collingridge</i> v. <i>Emmott</i> (1887), 57 L. T. -(N. S.), 864; and see <i>Page</i> v. <i>Wisden</i> (1869), 20 L. T. (N. S.), 435; <i>Maxwell</i> v. <i>Hogg</i> (1867), -L. R., 2 Ch., 307.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_257" href="#FNanchor_257" class="label">[257]</a> -<i>Thomas</i> v. <i>Turner</i> (1886), 33 Ch. D., 292.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_258" href="#FNanchor_258" class="label">[258]</a> -<i>Murray</i> v. <i>Bogue</i> (1852), 1 Drew, 353; <i>Hayward</i> v. <i>Lely</i> (1887), 56 L. T. (N. S.), 418.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_259" href="#FNanchor_259" class="label">[259]</a> -<i>Maple</i> v. <i>Junior Army and Navy Stores</i> (1882), 21 Ch. D., 369.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_260" href="#FNanchor_260" class="label">[260]</a> -<i>Macmillan</i> v. <i>Suresh Chunder Deb</i> (1890), Ind. L. R., 17 Calc., 951.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_261" href="#FNanchor_261" class="label">[261]</a> -<i>Henderson</i> v. <i>Maxwell</i> (1876), 4 Ch. D., 163.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_262" href="#FNanchor_262" class="label">[262]</a> -<i>Johnson</i> v. <i>Newnes</i> [1894], 3 Ch., 663.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_263" href="#FNanchor_263" class="label">[263]</a> -<i>Mayhew</i> v. <i>Maxwell</i> (1860), 1 J. and H., 312.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_264" href="#FNanchor_264" class="label">[264]</a> -<i>Dicks</i> v. <i>Yates</i> (1881), 18 Ch. D., 76; <i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 -Ch. D., at p. 434.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_265" href="#FNanchor_265" class="label">[265]</a> -Bacon, V. C., in <i>Coote</i> v. <i>Judd</i> (1883), 23 Ch. D., 727.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_266" href="#FNanchor_266" class="label">[266]</a> -<i>Weldon</i> v. <i>Dicks</i> (1878), 10 Ch. D., 247.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_267" href="#FNanchor_267" class="label">[267]</a> -<i>Weldon</i> v. <i>Dicks</i> (1878), 10 Ch. D., 247; <i>Rock</i> v. <i>Lazarus</i> (1872), L. R., 15 Eq. 104; -<i>Macmillan</i> v. <i>Suresh Chunder Deb</i> (1890), Ind. L. R., 17 Calc., 951.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_268" href="#FNanchor_268" class="label">[268]</a> -<i>Nottage</i> v. <i>Jackson</i> (1883), 11 Q. B. D., 627; 49 L. T. (N. S.), 339.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_269" href="#FNanchor_269" class="label">[269]</a> -<i>Weldon</i> v. <i>Dicks</i> (1878), 10 Ch. D., 247.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_270" href="#FNanchor_270" class="label">[270]</a> -<i>London Printing</i> v. <i>Cox</i> [1891], 3 Ch., 291.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_271" href="#FNanchor_271" class="label">[271]</a> -<i>Petty</i> v. <i>Taylor</i> [1897], 1 Ch., 465.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_272" href="#FNanchor_272" class="label">[272]</a> -<i>London Printing</i> v. <i>Cox</i> [1891], 3 Ch., <i>per</i> Lindley, L. J., at pp. 301 and 302.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_273" href="#FNanchor_273" class="label">[273]</a> -<i>Liverpool General Brokers</i> v. <i>Commercial Press</i> [1897], 2 Q. B., 1; <i>Morang</i> v. <i>Publishers</i> -(1900), 32 Ont. Rep., 393.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_274" href="#FNanchor_274" class="label">[274]</a> -<i>Weldon</i> v. <i>Dicks</i> (1878), 10 Ch. D., 247.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_275" href="#FNanchor_275" class="label">[275]</a> -<i>Low</i> v. <i>Routledge</i> (1864), 33 L. J. Ch., 717; 10 L. T. (N. S.), 838.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_276" href="#FNanchor_276" class="label">[276]</a> -<i>Lover</i> v. <i>Davidson</i> (1856), 1 C. B. (N. S.), 182.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_277" href="#FNanchor_277" class="label">[277]</a> -<i>Cassell</i> v. <i>Stiff</i> (1856), 2 K. and J., 279.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_278" href="#FNanchor_278" class="label">[278]</a> -<i>Fairlie</i> v. <i>Boosey</i> (1879), 4 A. C., 711.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_279" href="#FNanchor_279" class="label">[279]</a> -5 & 6 Vict. c. 45, sec. 11; <i>Hildesheimer & Faulkner</i> v. <i>Dunn</i> (1891), 64 L. T. (N. S.), -452.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_280" href="#FNanchor_280" class="label">[280]</a> -<i>Lucas</i> v. <i>Cooke</i> (1880), 13 Ch. D., 872.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_281" href="#FNanchor_281" class="label">[281]</a> -5 & 6 Vict. c. 45, sec. 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_282" href="#FNanchor_282" class="label">[282]</a> -5 & 6 Vict. c. 45, sec. 14.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_283" href="#FNanchor_283" class="label">[283]</a> -<i>Hole</i> v. <i>Bradbury</i> (1879), 12 Ch. D., 886; 48 L. J. Ch., 673.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_284" href="#FNanchor_284" class="label">[284]</a> -<i>In re The Young Duchess</i> (1891), 8 T. L. R., 41.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_285" href="#FNanchor_285" class="label">[285]</a> -<i>Ex parte Poulton</i> (1884), 53 L. J., Q. B., 320; <i>in re Hall</i> (1899), 24 Vict. L. R., -702.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_286" href="#FNanchor_286" class="label">[286]</a> -<i>Ex parte Davidson</i> (1856), 18 C. B., 296; see <i>in re Martin</i> (1884), 10 Vict. L. R., -Law., 196.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_287" href="#FNanchor_287" class="label">[287]</a> -Blackburn, J., <i>Graves'</i> case, 10 B. and S., at p. 688.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_288" href="#FNanchor_288" class="label">[288]</a> -<i>Ex parte Bastow</i> (1854), 14 C. B., 631.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_289" href="#FNanchor_289" class="label">[289]</a> -<i>Ex parte Davidson</i> (1856), 18 C. B., 296; <i>Chappell</i> v. <i>Purday</i> (1843), 12 M. and W., -303.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_290" href="#FNanchor_290" class="label">[290]</a> -<i>Graves'</i> case (1869), 4 Q. B., 715.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_291" href="#FNanchor_291" class="label">[291]</a> -<i>Graves'</i> case (1869), 4 Q. B., 715.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_292" href="#FNanchor_292" class="label">[292]</a> -<i>Chappell</i> v. <i>Purday</i> (1843), 12 M. and W., 303; <i>ex parte Davidson</i> (1856), 18 C. B., at -p. 309.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_293" href="#FNanchor_293" class="label">[293]</a> -5 & 6 Vict. c. 45, sec. 10.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_294" href="#FNanchor_294" class="label">[294]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_295" href="#FNanchor_295" class="label">[295]</a> -5 & 6 Vict. c. 45, sec. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_296" href="#FNanchor_296" class="label">[296]</a> -5 & 6 Vict. c. 45, sec. 7.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_297" href="#FNanchor_297" class="label">[297]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_298" href="#FNanchor_298" class="label">[298]</a> -5 & 6 Vict. c. 45, sec. 8.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_299" href="#FNanchor_299" class="label">[299]</a> -(1828), 4 Bing.. 540.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_300" href="#FNanchor_300" class="label">[300]</a> -Cf. <i>Cambridge University</i> v. <i>Bryce</i> (1812), 16 East., 317; <i>Routledge</i> v. <i>Low</i> (1868), -L. R., 3 H. L., 100.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_301" href="#FNanchor_301" class="label">[301]</a> -5 & 6 Vict. c. 45, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_302" href="#FNanchor_302" class="label">[302]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_303" href="#FNanchor_303" class="label">[303]</a> -5 & 6 Vict. c. 45, secs. 3, 18.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_304" href="#FNanchor_304" class="label">[304]</a> -5 & 6 Vict. c. 45, secs. 3, 18.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_305" href="#FNanchor_305" class="label">[305]</a> -See <i>supra</i>, p. 26.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_306" href="#FNanchor_306" class="label">[306]</a> -See <i>Nottage</i> v. <i>Jackson</i> (1883), 11 Q. B. D., 627.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_307" href="#FNanchor_307" class="label">[307]</a> -<i>Caird</i> v. <i>Sime</i> (1887), 12 A. C., 326; <i>Nicols</i> v. <i>Pitman</i> (1884), 26 Ch. D., 374; <i>Abernethy</i> -v. <i>Hutchinson</i> (1825), 3 L. J. Ch., 209.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_308" href="#FNanchor_308" class="label">[308]</a> -5 & 6 Will. IV. c. 65, sec. 5.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_309" href="#FNanchor_309" class="label">[309]</a> -<i>Caird</i> v. <i>Sime</i> (1887), 12 A. C., 326.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_310" href="#FNanchor_310" class="label">[310]</a> -See <i>Millar</i> v. <i>Taylor</i> (1769), 4 Burr., 2303, and cases there cited.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_311" href="#FNanchor_311" class="label">[311]</a> -<i>Baskett</i> v. <i>University of Cambridge</i> (1758), 2 Burr. 661; <i>Baskett</i> v. <i>Cunningham</i> (1762), -Black. Rep., 370.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_312" href="#FNanchor_312" class="label">[312]</a> -See <i>Grierson</i> v. <i>Jackson</i> (1794), Ridg. Ir., T. R., 304; <i>Nicol</i> v. <i>Stockdale</i> (1785), 3 -Swanst., 687.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_313" href="#FNanchor_313" class="label">[313]</a> -<i>Universities</i> v. <i>Richardson</i> (1802), 6 Ves., 689; <i>Manners</i> v. <i>Blair</i> (1828), 3 Bligh (N. S.), -391; <i>Grierson</i> v. <i>Jackson</i> (1794), Ridg. Ir., T. R., 304.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_314" href="#FNanchor_314" class="label">[314]</a> -<i>Universities</i> v. <i>Richardson</i> (1802), 6 Ves., 689; <i>Eyre</i> v. <i>Carnan</i> (1781), 6 Bac. Abr., -509; <i>Manners</i> v. <i>Blair</i> (1828), 3 Bligh (N. S.), 391.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_315" href="#FNanchor_315" class="label">[315]</a> -<i>Baskett</i> v. <i>Cunningham</i> (1762), Black. Rep., 370.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_316" href="#FNanchor_316" class="label">[316]</a> -See Appendix.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_317" href="#FNanchor_317" class="label">[317]</a> -15 Geo. III. c. 53; 41 Geo. III. c. 107, extending the privilege to Dublin; 5 & 6 Vict. -c. 45, sec. 27.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_318" href="#FNanchor_318" class="label">[318]</a> -(1774), 2 Bro. P. C., 129.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_319" href="#FNanchor_319" class="label">[319]</a> -5 & 6 Vict. c. 45, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_320" href="#FNanchor_320" class="label">[320]</a> -This reservation is made necessary by the decision in <i>Walter</i> v. <i>Lane</i> [1900], A. C., 539, -that the author is not necessarily the composer of the literary matter; see <i>infra</i>, p. 65.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_321" href="#FNanchor_321" class="label">[321]</a> -(1867), L. R., 3 Eq., 718; see also <i>Nottage</i> v. <i>Jackson</i> (1883), 11 Q. B. D., 627; <i>Stannard</i> v. -<i>Harrison</i> (1871), 24 L. T. (N. S.), 570.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_322" href="#FNanchor_322" class="label">[322]</a> -(1824), 2 L. J. Ch., 90, at p. 102; and see <i>Maclean</i> v. <i>Moody</i> (1858), 20 D., 1154.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_323" href="#FNanchor_323" class="label">[323]</a> -(1859), 7 C. B. (N. S.), 268.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_324" href="#FNanchor_324" class="label">[324]</a> -7 C. B. (N. S.), at p. 280.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_325" href="#FNanchor_325" class="label">[325]</a> -(1867), 16 L. T. (N. S.), 453.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_326" href="#FNanchor_326" class="label">[326]</a> -(1859), 7 C. B. (N. S.), 268.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_327" href="#FNanchor_327" class="label">[327]</a> -(1859) 7 C. B. (N. S.), 268. The decision in this case was no doubt right, but it should -have been on the ground that the plaintiff was the employer or assignee of the defendant -and not that he was the author.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_328" href="#FNanchor_328" class="label">[328]</a> -See <i>Petty</i> v. <i>Taylor</i> [1897], 1 Ch., 465; Kekewich, J., at p. 475.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_329" href="#FNanchor_329" class="label">[329]</a> -<i>Shepherd</i> v. <i>Conquest</i> (1856), 17 C. B., 427; <i>Nottage</i> v. <i>Jackson</i> (1883), 11 Q. B. D., -627.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_330" href="#FNanchor_330" class="label">[330]</a> -(1856), 17 C. B., 427.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_331" href="#FNanchor_331" class="label">[331]</a> -On the facts of this case the work of the servant ought to have become vested in the -employer.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_332" href="#FNanchor_332" class="label">[332]</a> -(1871), L. R., 6 C. P., 523; and see <i>Tree</i> v. <i>Bowkett</i> (1896), 74 L. T. (N. S.), 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_333" href="#FNanchor_333" class="label">[333]</a> -(1874), L. R., 9 Ch., 518; and see Bowen, L. J., in <i>Nottage</i> v. <i>Jackson</i> (1883), 11 -Q. B. D., 627.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_334" href="#FNanchor_334" class="label">[334]</a> -<i>Powell</i> v. <i>Head</i> (1879), 12 Ch. D., 686; <i>Lauri</i> v. <i>Renad</i> (1892), 3 Ch., 402.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_335" href="#FNanchor_335" class="label">[335]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_336" href="#FNanchor_336" class="label">[336]</a> -[1900], A. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_337" href="#FNanchor_337" class="label">[337]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_338" href="#FNanchor_338" class="label">[338]</a> -5 & 6 Vict. c. 45, sec. 18.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_339" href="#FNanchor_339" class="label">[339]</a> -Chitty, J., in <i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. D., at p. 430.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_340" href="#FNanchor_340" class="label">[340]</a> -And in one case it was even doubted whether it applied to newspapers, <i>Platt</i> v. <i>Walter</i> -(1867), 17 L. T. (N. S.), 157.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_341" href="#FNanchor_341" class="label">[341]</a> -<i>Lamb</i> v. <i>Evans</i> [1893], 1 Ch., 218; <i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. -D., 425.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_342" href="#FNanchor_342" class="label">[342]</a> -(1856), 17 C. B., 427</p></div> - -<div class="footnote"> - -<p><a id="Footnote_343" href="#FNanchor_343" class="label">[343]</a> -<i>Brown</i> v. <i>Cooke</i> (1846), 16 L. J. Ch., 140.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_344" href="#FNanchor_344" class="label">[344]</a> -As to whether a written assignment of the copyright from the author would be necessary -in such a case, see <i>infra</i>, at p. 74.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_345" href="#FNanchor_345" class="label">[345]</a> -(1895), 11 T. L. R., 507.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_346" href="#FNanchor_346" class="label">[346]</a> -<i>Brown</i> v. <i>Cooke</i> (1846), 16 L. J. Ch., 140.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_347" href="#FNanchor_347" class="label">[347]</a> -(1855), 16 C. B.,459.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_348" href="#FNanchor_348" class="label">[348]</a> -(1889), 40 Ch. D., 425; and see <i>Trade Auxiliary</i> v. <i>Jackson</i> (1887), 4 T. L. R., 130.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_349" href="#FNanchor_349" class="label">[349]</a> -[1893], 1 Ch., 218; and see <i>Maple</i> v. <i>Junior Army and Navy Stores</i> (1882), 21 Ch. D., -369.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_350" href="#FNanchor_350" class="label">[350]</a> -(1855), 16 C. B., at p. 484.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_351" href="#FNanchor_351" class="label">[351]</a> -(1881), 17 Ch. D., 708; and see <i>Bishop of Hereford</i> v. <i>Griffin</i> (1848), 16 Sim., 190.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_352" href="#FNanchor_352" class="label">[352]</a> -[1894], 3 Ch., 663.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_353" href="#FNanchor_353" class="label">[353]</a> -And see <i>Coote</i> v. <i>Judd</i> (1883), 23 Ch. D., 727.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_354" href="#FNanchor_354" class="label">[354]</a> -[1902], 1 Ch., 264.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_355" href="#FNanchor_355" class="label">[355]</a> -(1889), 40 Ch. D., 425.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_356" href="#FNanchor_356" class="label">[356]</a> -Chitty, J., 40 Ch. D., at p. 431.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_357" href="#FNanchor_357" class="label">[357]</a> -<i>Brown</i> v. <i>Cooke</i> (1846), 16 L. J. Ch., 140; <i>Richardson</i> v. <i>Gilbert</i> (1851), 1 Sim. (N. S.), -336; <i>Collingridge</i> v. <i>Emmott</i> (1888), 57 L. T. (N. S.), 864; <i>Trade Auxiliary</i> v. <i>Middlesborough</i> -(1889), 40 Ch. D., 425; <i>Trade Auxiliary</i> v. <i>Jackson</i> (1887), 4 T. L. R., 130.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_358" href="#FNanchor_358" class="label">[358]</a> -<i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. D., at p. 430.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_359" href="#FNanchor_359" class="label">[359]</a> -See cases cited, p. 79, footnote 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_360" href="#FNanchor_360" class="label">[360]</a> -See Chitty, J., <i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. D., at p. 430.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_361" href="#FNanchor_361" class="label">[361]</a> -See <i>Johnson</i> v. <i>Newnes</i> [1894], 3 Ch., 663.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_362" href="#FNanchor_362" class="label">[362]</a> -<i>Mayhew</i> v. <i>Maxwell</i> (1860), 1 J. and H., 312.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_363" href="#FNanchor_363" class="label">[363]</a> -<i>Smith</i> v. <i>Johnson</i> (1863), 4 Giff., 632.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_364" href="#FNanchor_364" class="label">[364]</a> -<i>Mayhew</i> v. <i>Maxwell</i> (1860), 1 J. and H., 312.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_365" href="#FNanchor_365" class="label">[365]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_366" href="#FNanchor_366" class="label">[366]</a> -<i>Hereford</i> v. <i>Griffin</i> (1848), 16 Sim., 190.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_367" href="#FNanchor_367" class="label">[367]</a> -(1855), 16 C. B., 459.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_368" href="#FNanchor_368" class="label">[368]</a> -(1891), 64 L. T., 452.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_369" href="#FNanchor_369" class="label">[369]</a> -5 & 6 Vict. c. 45.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_370" href="#FNanchor_370" class="label">[370]</a> -5 & 6 Vict. c. 45, sec. 15.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_371" href="#FNanchor_371" class="label">[371]</a> -See p. <a href="#Page_77">77</a>, <i>infra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_372" href="#FNanchor_372" class="label">[372]</a> -(1824), 2 B. and Cr., 861; see <i>Cary</i> v. <i>Kearsley</i> (1802), 4 Esp., 168; <i> Storace</i> v. <i>Longman</i> -(1788), 2 Camp., 26 <i>n.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_373" href="#FNanchor_373" class="label">[373]</a> -(1814), 3 M. and S., 7.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_374" href="#FNanchor_374" class="label">[374]</a> -(1838), 9 Sim., 151.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_375" href="#FNanchor_375" class="label">[375]</a> -(1839), 8 L. J. Ch., 216; see <i>Hodges</i> v. <i>Welsh</i> (1840), 2 Ir. Eq. R., 266.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_376" href="#FNanchor_376" class="label">[376]</a> -(1854), 4 H. L. C., 815; see <i>M'Lean</i> v. <i>Moody</i> (1858), 20 D., 1154; <i>Jefferys</i> v. <i>Kyle</i> -(1856), 18 D., 906; <i>Cocks</i> v. <i>Purday</i> (1848), 5 C. B., 860.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_377" href="#FNanchor_377" class="label">[377]</a> -4 H. L. C., at p. 880.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_378" href="#FNanchor_378" class="label">[378]</a> -4 H. L. C., at p. 907.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_379" href="#FNanchor_379" class="label">[379]</a> -<i>Hazlitt</i> v. <i>Templeman</i> (1866), 13 L. T. (N. S.), 593; <i>Grace</i> v. <i>Newman</i> (1875), L. R., -19 Eq., 623; <i>Cox</i> v. <i>Cox</i> (1853), 11 Hare, 118.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_380" href="#FNanchor_380" class="label">[380]</a> -See <i>Frowde</i> v. <i>Parish</i> (1896), 27 Ont Rep., 526; <i>Macmillan</i> v. <i>Suresh Chunder Deb</i> -(1890), Ind. L. R., 17 Calc., 951.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_381" href="#FNanchor_381" class="label">[381]</a> -See p. <a href="#Page_128">128</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_382" href="#FNanchor_382" class="label">[382]</a> -See <i>Shepherd</i> v. <i>Conquest</i> (1856), 17 C. B., 427; <i>Eaton</i> v. <i>Lake</i> (1888), 20 Q. B. D., 378.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_383" href="#FNanchor_383" class="label">[383]</a> -5 & 6 Vict. c. 45, sec. 15; <i>Leyland</i> v. <i>Stewart</i> (1876), 4 Ch. D., 419; <i>Power</i> v. <i>Walker</i> -(1814), 3 M. and S., 7; <i>Davidson</i> v. <i>Bohn</i> (1848), 6 C. B., 456; <i>Clementi</i> v. <i>Walker</i> (1824), -2 Bar. and Cres., 861; <i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. C., 815; [See the judgment of Lord -St. Leonards at p. 944; but note also that Coleridge, J., at p. 906, expressed his disapproval -of the reasoning in <i>Power</i> v. <i>Walker</i> and <i>Davidson</i> v. <i>Bohn</i>]; <i>Kyle</i> v. <i>Jefferys</i> (1859), 3 Macq., -611, 617, 18 D., 906; <i>Cumberland</i> v. <i>Copeland</i> (1862), 1 H. and C., 194; <i>Cocks</i> v. <i>Purday</i> -(1848), 5 C. B., 860; see Drone on "Copyright," pp. 304-316, where the soundness of the -case law that assignment must be in writing is doubted.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_384" href="#FNanchor_384" class="label">[384]</a> -<i>Kyle</i> v. <i>Jefferys</i> (1859), 3 Macq., 611; <i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. C., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_385" href="#FNanchor_385" class="label">[385]</a> -<i>Morton</i> v. <i>Copeland</i> (1855), 16 C. B., 517.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_386" href="#FNanchor_386" class="label">[386]</a> -<i>Liverpool General Brokers</i> v. <i>Commercial Press</i> [1897], 2 Q. B., 1; see <i>contra</i> opinion of -Lord Cockburn in <i>Wood</i> v. <i>Boosey</i> (1867), 7 B. and S., at p. 897; <i>Morang</i> v. <i>Publishers</i> -(1900), 32 Ont. Rep., <a href="#Page_393">393</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_387" href="#FNanchor_387" class="label">[387]</a> -5 & 6 Vict. c. 45, sec. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_388" href="#FNanchor_388" class="label">[388]</a> - <i>Stevens</i> v. <i>Wildy</i> (1850), 19 L. J. Ch., 190.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_389" href="#FNanchor_389" class="label">[389]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_390" href="#FNanchor_390" class="label">[390]</a> -<i>Liverpool General Brokers</i> v. <i>Commercial Press</i> [1897], 2 Q. B., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_391" href="#FNanchor_391" class="label">[391]</a> -<i>Levy</i> v. <i>Rutley</i> (1871), L. R., 6 C. P., 523; <i>Leader</i> v. <i>Purday</i> (1849), 7 C. B., 4; -<i>Colburn</i> v. <i>Duncombe</i> (1838), 9 Sim., 151; <i>London Printing and Publishing Co</i>. v. <i>Cox</i> [1891], -3 Ch., 291.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_392" href="#FNanchor_392" class="label">[392]</a> -<i>Leader</i> v. <i>Purday</i> (1849), 7 C. B., 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_393" href="#FNanchor_393" class="label">[393]</a> -<i>Lacy</i> v. <i>Toole</i> (1867), 15 L. T. (N. S.), 512.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_394" href="#FNanchor_394" class="label">[394]</a> -<i>Tree</i> v. <i>Bowkett</i> (1895), 74 L. T. (N. S.), 77; <i>Lover</i> v. <i>Davidson</i> (1856), 1 C. B. (N. S.), -182; <i>Latour</i> v. <i>Bland</i> (1818), 2 Stark, 382; <i>Levy</i> v. <i>Rutley</i> (1871), L. R., 6 C. P., 523; -<i>Colburn</i> v. <i>Duncombe</i> (1838), 9 Sim., 151; but see <i>Kyle</i> v. <i>Jefferys</i> (1859), 3 Macq., 611, -18 D., 911.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_395" href="#FNanchor_395" class="label">[395]</a> -<i>Cooper</i> v. <i>Stephens</i> [1895], 1 Ch., 567; <i>Marshall</i> v. <i>Petty</i> (1900), 17 T. L. R., 501.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_396" href="#FNanchor_396" class="label">[396]</a> -<i>Morris</i> v. <i>Kelly</i> (1820), 1 Jac. and W., 481.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_397" href="#FNanchor_397" class="label">[397]</a> -<i>Dennison</i> v. <i>Ashdown</i> (1897), 13 T. L. R., 226.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_398" href="#FNanchor_398" class="label">[398]</a> -<i>Sweet</i> v. <i>Cater</i> (1841), 11 Sim., 572; <i>Sweet</i> v. <i>Shaw</i> (1839), 8 L. J. Ch., 216; <i>Sims</i> v. -<i>Marryat</i> (1851), 17 Q. B., 281; <i>Strahan</i> v. <i>Graham</i> (1867), 16 L. T. (N. S.), 87; <i>Thombleson</i> -v. <i>Black</i> (1837), 1 Jur., 198.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_399" href="#FNanchor_399" class="label">[399]</a> -<i>Dupuy</i> v. <i>Dilkes</i> (1879), 48 L. J. Ch., 682; <i>Chappell</i> v. <i>Purday</i> (1843), 12 M. and -W., 303.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_400" href="#FNanchor_400" class="label">[400]</a> -<i>Taylor</i> v. <i>Pillow</i> (1869), L. R., 7 Eq., 418; <i>Howitt</i> v. <i>Hall</i> (1862), 6 L. T. (N. S.), 348.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_401" href="#FNanchor_401" class="label">[401]</a> -<i>Sims</i> v. <i>Marryat</i> (1851), 17 Q. B., 281; <i>Queensberry</i> v. <i>Shebbeare</i> (1758), 2 Eden Cha. -Cas., 330; Williams' "Law of Personal Property," 15th edition, p. 523.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_402" href="#FNanchor_402" class="label">[402]</a> -<i>Powell</i> v. <i>Head</i> (1879), 12 Ch. D., 686.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_403" href="#FNanchor_403" class="label">[403]</a> -<i>Lauri</i> v. <i>Renad</i> [1892], 3 Ch., 402.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_404" href="#FNanchor_404" class="label">[404]</a> -<i>Powell</i> v. <i>Head</i> (1879), 12 Ch. D., 686.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_405" href="#FNanchor_405" class="label">[405]</a> -(1854), 4 H. L. C., at p. 940; and see <i>Cocks</i> v. <i>Purday</i> (1848), 5 C. B., 860.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_406" href="#FNanchor_406" class="label">[406]</a> -(1854), 4 H. L. C., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_407" href="#FNanchor_407" class="label">[407]</a> -<i>Taylor</i> v. <i>Neville</i> (1878), 26 W. R., 299; <i>Tree</i> v. <i>Bowkett</i> (1895), 74 L. T. (N. S.), 77; -see doubt expressed in <i>Shepherd</i> v. <i>Conquest</i> (1856), 17 C. B., at p. 436.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_408" href="#FNanchor_408" class="label">[408]</a> -<i>Lucas</i> v. <i>Cooke</i> (1880), 13 Ch. D., 872.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_409" href="#FNanchor_409" class="label">[409]</a> -5 & 6 Vict. c. 45, sec. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_410" href="#FNanchor_410" class="label">[410]</a> -(1889), 40 Ch. D., 434, 435.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_411" href="#FNanchor_411" class="label">[411]</a> -<i>Holt</i> v. <i>Woods</i> (1896), 17 N. S. W. R., Eq., 36.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_412" href="#FNanchor_412" class="label">[412]</a> -See <i>ex parte Dobson</i> (1892), 12 N. Z. L. R., 171.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_413" href="#FNanchor_413" class="label">[413]</a> -See <i>contra Howitt</i> v. <i>Hall</i> (1862), 6 L. T. (N. S.), 348; <i>Sweet</i> v. <i>Cater</i> (1840), 11 Sim., -572; <i>Davidson</i> v. <i>Bohn</i> (1848), 6 C. B., 458.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_414" href="#FNanchor_414" class="label">[414]</a> -<i>Rippon</i> v. <i>Norton</i>(1839), 2 Beav., 63.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_415" href="#FNanchor_415" class="label">[415]</a> -<i>Hole</i> v. <i>Bradbury</i> [1879], 12 Ch. D., 886; <i>Stevens</i> v. <i>Bradbury</i> [1854], 1 K. and J., 168; -<i>Reade</i> v. <i>Bentley</i>(1857), 3 K. and J., 271; <i>Cooper</i> v. <i>Stephens</i> [1895], 1 Ch., 567; <i>ex parte -Bastow</i> [1854], 14 C. B., 631.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_416" href="#FNanchor_416" class="label">[416]</a> -<i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. D., 425, <i>per</i> Cotton, L. J.; <i>Tuck -and Sons</i> v. <i>Canton</i> (1882), 51 L. J., Q. B., 363; <i>Sweet</i> v. <i>Cater</i> (1841), 11 Sim., 572.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_417" href="#FNanchor_417" class="label">[417]</a> -<i>Taylor</i> v. <i>Neville</i> (1878), 26 W. R., 299; <i>Tree</i> v. <i>Bowkett</i> (1895), 74 L. T., 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_418" href="#FNanchor_418" class="label">[418]</a> -(1878), 26 W. R., 297.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_419" href="#FNanchor_419" class="label">[419]</a> -<i>Warne</i> v. <i>Routledge</i> (1874), L. R., 18 Eq., 497; see <i>Sweet</i> v. <i>Cater</i> (1841), 11 Sim., -572; <i>Stevens</i> v. <i>Benning</i> (1855), 1 K. and J., 168.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_420" href="#FNanchor_420" class="label">[420]</a> -<i>Latour</i> v. <i>Bland</i> (1818), 2 Stark, 382.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_421" href="#FNanchor_421" class="label">[421]</a> -<i>Willis</i> v. <i>Curtois</i> (1838), 1 Beav., 189.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_422" href="#FNanchor_422" class="label">[422]</a> -See <i>Mawman</i> v. <i>Tegg</i> (1826), 2 Russ., at p. 392.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_423" href="#FNanchor_423" class="label">[423]</a> -5 & 6 Vict. c. 45, secs. 15 and 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_424" href="#FNanchor_424" class="label">[424]</a> -See <i>Butterworth</i> v. <i>Kelly</i> (1888), 4 T. L. R., 430; <i>Leader</i> v. <i>Strange</i> (1849), 2 Car. -and K., 1010.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_425" href="#FNanchor_425" class="label">[425]</a> -5 & 6 Vict. c. 45, secs. 15 and 23. The remedies given by these two sections are -cumulative, and may be recovered by one action; <i>Muddock</i> v. <i>Blackwood</i> [1898], 1 Ch., 58.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_426" href="#FNanchor_426" class="label">[426]</a> -5 & 6 Vict. c. 45, sec. 17; 39 and 40 Vict. c. 36, sec. 42.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_427" href="#FNanchor_427" class="label">[427]</a> -Ignorance will not excuse in the case of importing, but contra in the case of selling or -hiring, <i>Cooper</i> v. <i>Whittingham</i> (1880), 15 Ch. D., 501.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_428" href="#FNanchor_428" class="label">[428]</a> -<i>Cooper</i> v. <i>Whittingham</i> (1880). 15 Ch. D., 501.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_429" href="#FNanchor_429" class="label">[429]</a> -5 & 6 Vict. c. 45, sec. 17; and see 39 & 40 Vict. c. 36, sec. 42.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_430" href="#FNanchor_430" class="label">[430]</a> -£5 to the use of the officer of customs, remainder to the use of the proprietor of -copyright.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_431" href="#FNanchor_431" class="label">[431]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_432" href="#FNanchor_432" class="label">[432]</a> -<i>Cooper v. Whittingham</i> (1880), 15 Ch. D., 501.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_433" href="#FNanchor_433" class="label">[433]</a> -[1901], 1 Ch., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_434" href="#FNanchor_434" class="label">[434]</a> -Cf. <i>Colburn</i> v. <i>Simms</i> (1843), 2 Hare, 543.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_435" href="#FNanchor_435" class="label">[435]</a> -[1901], 1 Ch., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_436" href="#FNanchor_436" class="label">[436]</a> -<i>Novella</i> v. <i>Sudlow</i> (1852), 12 C. B., 177; and see <i>Beckford</i> v. <i>Hood</i> (1798), 7 T. R., -620; <i>Cambridge University</i> v. <i>Bryer</i> (1812), 16 East, at p. 322.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_437" href="#FNanchor_437" class="label">[437]</a> -<i>Muddock</i> v. <i>Blackwood</i> [1898], 1 Ch., 58; <i>Pike</i> v. <i>Nicholas</i> (1869), L. R., 5 Ch., 251, at -pp. 255 and 260.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_438" href="#FNanchor_438" class="label">[438]</a> -<i>Hogg</i> v. <i>Kirby</i> (1803), 8 Ves., 215, at p. 223; <i>Grimson</i> v. <i>Eyre</i> (1804), 9 Ves., 341, at -p. 346; <i>Kelly</i> v. <i>Hooper</i> (1841), 1 Y. and C., 197, at p. 199; <i>Colburn</i> v. <i>Simms</i> (1843), -2 Hare, 543.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_439" href="#FNanchor_439" class="label">[439]</a> -<i>Delfe</i> v. <i>Delamotte</i> (1857), 3 K. and J., 581; but see <i>Pike</i> v. <i>Nicholas</i> (1869), L. R., -5 Ch., 251.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_440" href="#FNanchor_440" class="label">[440]</a> -<i>Baily</i> v. <i>Taylor</i> (1829), 1 R. and M., 73; <i>Price's Patent Candles</i> v. <i>Bauwen</i> (1858), -4 K. and J., 727; <i>Delondre</i> v. <i>Shaw</i> (1828), 2 Sim., 240; <i>Sweet</i> v. <i>Maughan</i> (1840), -11 Sim., 51.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_441" href="#FNanchor_441" class="label">[441]</a> -Eldon, L. C., in <i>Mawman</i> v. <i>Tegg</i> (1826), 2 Russ., at p. 400.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_442" href="#FNanchor_442" class="label">[442]</a> -<i>Cooper</i> v. <i>Whittingham</i> (1880), 15 Ch. D., 501.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_443" href="#FNanchor_443" class="label">[443]</a> -<i>M'Neill</i> v. <i>Williams</i> (1847), 11 Jur., 344; <i>Hogg</i> v. <i>Kirby</i> (1803), 8 Ves., 215.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_444" href="#FNanchor_444" class="label">[444]</a> -Hall, V. C., in <i>Maple</i> v. <i>Junior Army and Navy Stores</i> (1882), 21 Ch. D., at p. 372.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_445" href="#FNanchor_445" class="label">[445]</a> -<i>Chappell</i> v. <i>Davidson</i> (1856), 8 De G. M. and G., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_446" href="#FNanchor_446" class="label">[446]</a> -<i>Novella</i> v. <i>James</i> (1854), 24 L. J. Ch., 111.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_447" href="#FNanchor_447" class="label">[447]</a> -<i>Southey</i> v. <i>Sherwood</i> (1817), 2 Mer., 435; <i>Platt</i> v. <i>Button</i> (1815), 19 Ves., 447; <i>Saunders</i> -v. <i>Smith</i> (1838), 3 My. and C., 711; <i>Lewis</i> v. <i>Chapman</i> (1840), 3 Beav., 133; <i>Assignees of -Robinson</i> v. <i>Wilkins</i> (1805), 8 Ves., 224, n; <i>Baily</i> v. <i>Taylor</i> (1829), 1 Russ. and My., 73; -<i>Rundell</i> v. <i>Murray</i> (1821), Jac., 311; and see <i>Buxton</i> v. <i>James</i> (1851), 5 De G. and Sm., 80.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_448" href="#FNanchor_448" class="label">[448]</a> -<i>Morris</i> v. <i>Ashbee</i> (1868), L. R., 7 Eq., 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_449" href="#FNanchor_449" class="label">[449]</a> -<i>Per</i> Gifford, V. C., L. R., 7 Eq., at p. 39.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_450" href="#FNanchor_450" class="label">[450]</a> -<i>Hogg</i> v. <i>Scott</i> (1874), L. R., 18 Eq., 444.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_451" href="#FNanchor_451" class="label">[451]</a> -<i>Per</i> Turner, L. J., in <i>Johnson</i> v. <i>Wyatt</i> (1863), 2 De G., J. and S., at p. 25.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_452" href="#FNanchor_452" class="label">[452]</a> -<i>Lewis</i> v. <i>Fullarton</i> (1839), 2 Beav., 6; <i>Kelly</i> v. <i>Morris</i> (1866), L. R., 1 Eq., 697; -<i>Mawman</i> v. <i>Tegg</i> (1826), 2 Russ., 385.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_453" href="#FNanchor_453" class="label">[453]</a> -<i>Jarrold</i> v. <i>Houlston</i> (1857), 3 K. and J., 708; <i>Lamb</i> v. <i>Evans</i> [1892], 3 Ch., 462.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_454" href="#FNanchor_454" class="label">[454]</a> -[1892], 3 Ch., 462.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_455" href="#FNanchor_455" class="label">[455]</a> -<i>Campbell</i> v. <i>Scott</i> (1842), 11 Sim., 31; <i>Tinsley</i> v. <i>Lacy</i> (1863), 1 H. and M., 747.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_456" href="#FNanchor_456" class="label">[456]</a> -<i>Borthwick</i> v. <i>Evening Post</i> (1888), 37 Ch. D., 449.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_457" href="#FNanchor_457" class="label">[457]</a> -37 Ch. D., at p. 462.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_458" href="#FNanchor_458" class="label">[458]</a> -(1889), 40 Ch. D., 500.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_459" href="#FNanchor_459" class="label">[459]</a> -40 Ch. D., at p. 507; and see <i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. D., -425.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_460" href="#FNanchor_460" class="label">[460]</a> -<i>Bradbury</i> v. <i>Sharp</i> (1891), W. N., 143.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_461" href="#FNanchor_461" class="label">[461]</a> -<i>Cox</i> v. <i>Land and Water</i> (1869), L. R., 9 Eq., 324; <i>Southern</i> v. <i>Bailes</i> (1829), 38 -S. J., 681.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_462" href="#FNanchor_462" class="label">[462]</a> -<i>Cox</i> v. <i>Land and Water</i> (1869), L. R., 9 Eq., 324; <i>Baily</i> v. <i>Taylor</i> (1829), 1 R. and -M., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_463" href="#FNanchor_463" class="label">[463]</a> -<i>Lewis</i> v. <i>Fullarton</i> (1839), 2 Beav., 6, Langdale, M. R., at p. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_464" href="#FNanchor_464" class="label">[464]</a> -5 & 6 Vict. c. 45, sec. 23. To be safe the demand in writing should be made before the -writ is issued.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_465" href="#FNanchor_465" class="label">[465]</a> -8 Anne c. 19, sec. 1; 54 Geo. III. c. 156, sec. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_466" href="#FNanchor_466" class="label">[466]</a> -<i>Colburn</i> v. <i>Simms</i> (1843), 2 Hare, 543.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_467" href="#FNanchor_467" class="label">[467]</a> -<i>Prince Albert</i> v. <i>Strange</i> (1849), 2 De G. and Sm., 652; <i>Kelly</i> v. <i>Hodge</i>(1873), 29 L. T. -(N. S.), 387; <i>Emperor of Austria</i> v. <i>Day</i> (1861), 3 D. F. and J., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_468" href="#FNanchor_468" class="label">[468]</a> -<i>Hole</i> v. <i>Bradbury</i> (1879), 12 Ch. D., 886; but see <i>Delfe</i> v. <i>Delamotte</i> (1857), 3 K. and -J., 581; <i>Stannard</i> v. <i>Harrison</i> (1871), 19 W. R., 811.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_469" href="#FNanchor_469" class="label">[469]</a> -<i>Hole</i> v. <i>Bradbury</i> (1879), 12 Ch. D., 886; cf. <i>Colburn</i> v. <i>Simms</i> (1843), 2 Hare, 543.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_470" href="#FNanchor_470" class="label">[470]</a> -<i>Isaacs</i> v. <i>Fiddemann</i> (1880), 49 L. J. Ch., 412.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_471" href="#FNanchor_471" class="label">[471]</a> -<i>Rooney</i> v. <i>Kelly</i> (1861), 14 Ir. C. L. R., <i>per</i> O'Brien, J., at p. 171.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_472" href="#FNanchor_472" class="label">[472]</a> -<i>Warne</i> v. <i>Seebohm</i> (1888), 39 Ch. D., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_473" href="#FNanchor_473" class="label">[473]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_474" href="#FNanchor_474" class="label">[474]</a> -<i>Warne</i> v. <i>Seebohm</i> (1888), 39 Ch. D., at p. 83.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_475" href="#FNanchor_475" class="label">[475]</a> -<i>Colburn</i> v. <i>Simms</i> (1843), 2 Hare, 543; <i>Hole</i> v. <i>Bradbury</i>( 1879), 12 Ch. D., 886.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_476" href="#FNanchor_476" class="label">[476]</a> -39 & 40 Vict. c. 36, sec. 42.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_477" href="#FNanchor_477" class="label">[477]</a> -39 & 40 Vict. c. 36, sec. 44.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_478" href="#FNanchor_478" class="label">[478]</a> -<i>Brooke</i> v. <i>Milliken</i> (1789), 3 T. R., 509.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_479" href="#FNanchor_479" class="label">[479]</a> -<i>Ex parte Beal</i> (1868), L. R., 3 Q. B., 387.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_480" href="#FNanchor_480" class="label">[480]</a> -<i>Hogg</i> v. <i>Scott</i> (1874), L. R., 18 Eq., 444; see <i>Macmillan</i> v. <i>Suresh Chunder Deb</i> (1850), -Ind. L. R., 17 Calc., 951.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_481" href="#FNanchor_481" class="label">[481]</a> -(1846), 9 D., 1026; and see <i>Clark</i> v. <i>Bell</i> (1804), Mor. Dic., Literary Property, App., 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_482" href="#FNanchor_482" class="label">[482]</a> -(1878), 10 Ch. D., 247, at p. 262.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_483" href="#FNanchor_483" class="label">[483]</a> -56 & 57 Vict. c. 61; <i>Muddock</i> v. <i>Blackwood</i> [1898], 1 Ch., at p. 64.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_484" href="#FNanchor_484" class="label">[484]</a> -5 & 6 Vict. c. 45, sec. 16; <i>Hole</i> v. <i>Bradbury</i> (1879), 12 Ch. D., 886.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_485" href="#FNanchor_485" class="label">[485]</a> -<i>Boosey</i> v. <i>Davidson</i> (1846), 4 Dow. and Low, at p. 155.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_486" href="#FNanchor_486" class="label">[486]</a> -<i>Collette</i> v. <i>Goode</i> (1878), 7 Ch. D., 842; <i>Boosey</i> v. <i>Purday</i> (1846), 10 Jur., 1038; <i>Boosey</i> -v. <i>Davidson</i> (1846), 4 D. and L., 147; <i>Leader</i> v. <i>Purday</i> (1849), 7 C. B., 4; <i>Barnett</i> v. -<i>Glossop</i> (1835), 1 Bing. N. C., 633; 1 Scott's Rep., 621.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_487" href="#FNanchor_487" class="label">[487]</a> -<i>Chappell</i> v. <i>Davidson</i> (1856), 18 C. B., 194.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_488" href="#FNanchor_488" class="label">[488]</a> -<i>Collette</i> v. <i>Goode</i> (1878), 7 Ch. D., 842.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_489" href="#FNanchor_489" class="label">[489]</a> -<i>Boosey</i> v. <i>Davidson</i> (1846), 4 D. and L., 147; <i>Hole</i> v. <i>Bradbury</i> (1879), 12 Ch. D., -886.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_490" href="#FNanchor_490" class="label">[490]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_491" href="#FNanchor_491" class="label">[491]</a> -<i>Collette</i> v. <i>Goode</i> (1878), 7 Ch. D., 842.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_492" href="#FNanchor_492" class="label">[492]</a> -<i>Sweet</i> v. <i>Benning</i> (1855), 16 C. B., 459; <i>Cocks</i> v. <i>Purday</i> (1848), 5 C. B., 860.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_493" href="#FNanchor_493" class="label">[493]</a> -<i>Hayward</i> v. <i>Lely</i> (1887), 56 L. T. (N. S.), 418.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_494" href="#FNanchor_494" class="label">[494]</a> -<i>Coote</i> v. <i>Judd</i> (1883), 23 Ch. D., 736; <i>Hole</i> v. <i>Bradbury</i> (1879), 12 Ch. D., 886; <i>Collette</i> -v. <i>Goode</i> (1878), 7 Ch. D., 842; but see <i>Leader</i> v. <i>Purday</i> (1848), 6 Dow. and Low, 408.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_495" href="#FNanchor_495" class="label">[495]</a> -<i>Collette</i> v. <i>Goode</i> (1878), 7 Ch. D., 842.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_496" href="#FNanchor_496" class="label">[496]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_497" href="#FNanchor_497" class="label">[497]</a> -<i>Hayward</i> v. <i>Lely</i> (1887), 56 L. T. (N. S.), 418.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_498" href="#FNanchor_498" class="label">[498]</a> -<i>Harris</i> v. <i>Smart</i> (1889), W. N., 92, 5 T. L. R. 594.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_499" href="#FNanchor_499" class="label">[499]</a> -But see <i>Sweet</i> v. <i>Maughan</i> (1840), 11 Sim., 51.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_500" href="#FNanchor_500" class="label">[500]</a> -Eldon, L. C., in <i>Mawman</i> v. <i>Tegg</i> (1826), 2 Russ., at p. 394.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_501" href="#FNanchor_501" class="label">[501]</a> -<i>Hotten</i> v. <i>Arthur</i> (1863), 1 H. and M., 603; <i>Jarrold</i> v. <i>Houlston</i> (1857), 3 K. and J., -708.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_502" href="#FNanchor_502" class="label">[502]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_503" href="#FNanchor_503" class="label">[503]</a> -<i>Boosey</i> v. <i>Davidson</i> (1849), 13 Q. B., 257.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_504" href="#FNanchor_504" class="label">[504]</a> -<i>Wright</i> v. <i>Goodlake</i> (1865), 3 H. and C., 540.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_505" href="#FNanchor_505" class="label">[505]</a> -<i>Kelly</i> v. <i>Wyman</i> (1869), 17 W. R. 399; <i>Stevens</i> v. <i>Brett</i> (1864), 10 L. T. (N. S.), 231.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_506" href="#FNanchor_506" class="label">[506]</a> -<i>Coote</i> v. <i>Ingram</i> (1887), 35 Ch. D., 117.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_507" href="#FNanchor_507" class="label">[507]</a> -<i>Maxwell</i> v. <i>Somerton</i> (1874), 22 W. R., 313.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_508" href="#FNanchor_508" class="label">[508]</a> -<i>Walter</i> v. <i>Steinkopff</i> [1892], 3 Ch., 189.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_509" href="#FNanchor_509" class="label">[509]</a> -<i>Wall</i> v. <i>Taylor</i> (1883), 11 Q. B. D., 102.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_510" href="#FNanchor_510" class="label">[510]</a> -<i>Dicks</i> v. <i>Brooks</i> (1880), 15 Ch. D., 22.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_511" href="#FNanchor_511" class="label">[511]</a> -<i>Metzler</i> v. <i>Wood</i> (1878), 8 Ch. D., 606.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_512" href="#FNanchor_512" class="label">[512]</a> -Lord Romilly, M. R., in <i>Cobbett</i> v. <i>Woodward</i> (1872), L. R., 14 Eq., at p. 414; Hall, -V. C., in <i>Maple</i> v. <i>Junior Army and Navy Stores</i>, 21 Ch. D., at p. 373.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_513" href="#FNanchor_513" class="label">[513]</a> -<i>Piddington</i> v. <i>Philip</i> (1893), 14 N. S. W. R., Eq., 159.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_514" href="#FNanchor_514" class="label">[514]</a> -<i>Kelly's Directories</i> v. <i>Gavin & Lloyds</i> [1901], 1 Ch., 374; affirmed in the Court of -Appeal.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_515" href="#FNanchor_515" class="label">[515]</a> -<i>Pike</i> v. <i>Nicholas</i> (1869), L. R., 5 Ch., 251; <i>Cobbett</i> v. <i>Woodward</i> (1872), L. R., -14 Eq., 407.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_516" href="#FNanchor_516" class="label">[516]</a> -<i>Liverpool General Brokers</i> v. <i>Commercial Press</i> [1897], 2 Q. B., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_517" href="#FNanchor_517" class="label">[517]</a> -<i>Page</i> v. <i>Wisden</i> (1869), 20 L. T., 435.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_518" href="#FNanchor_518" class="label">[518]</a> -James, L. J., in <i>Dicks</i> v. <i>Yates</i> (1881), 18 Ch. D., 76.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_519" href="#FNanchor_519" class="label">[519]</a> -Jessel, M. R., in <i>Maple</i> v. <i>Junior Army and Navy Stores</i>, 21 Ch. D., at p. 378.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_520" href="#FNanchor_520" class="label">[520]</a> -Lord Ellenborough in <i>Roworth</i> v. <i>Wilkes</i> (1807), 1 Camp., at p. 97.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_521" href="#FNanchor_521" class="label">[521]</a> -<i>Novello</i> v. <i>Sudlow</i> (1852), 12 C. B., 177.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_522" href="#FNanchor_522" class="label">[522]</a> -<i>White</i> v. <i>Geroch</i> (1819), 2 B. and Ald., 298; Lindley, M. R., in <i>Boosey</i> v. <i>Whight</i> [1900], -1 Ch., at p. 123.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_523" href="#FNanchor_523" class="label">[523]</a> -<i>Novello</i> v. <i>Sudlow</i> (1852), 12 C. B., 177.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_524" href="#FNanchor_524" class="label">[524]</a> -<i>Warne</i> v. <i>Seebohm</i> (1888), 39 Ch. D., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_525" href="#FNanchor_525" class="label">[525]</a> -See Lindley, M. R., in <i>Boosey</i> v. <i>Whight</i> [1900], 1 Ch., at p. 123.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_526" href="#FNanchor_526" class="label">[526]</a> -<i>Bach</i> v. <i>Longman</i>(1777), 2 Cowp., 623; <i>D'Almaine</i> v. <i>Boosey</i>(1835), 1 Y. and C., -Ex., 288.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_527" href="#FNanchor_527" class="label">[527]</a> -<i>Nicols</i> v. <i>Pitman</i> [1884], 26 Ch. D., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_528" href="#FNanchor_528" class="label">[528]</a> -<i>Boosey</i> v. <i>Whight</i> [1900], 1 Ch., 122.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_529" href="#FNanchor_529" class="label">[529]</a> -Lord O'Hagan in <i>Chatterton</i> v. <i>Cave</i> (1878), 3 A. C., at p. 498.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_530" href="#FNanchor_530" class="label">[530]</a> -(1855), 16 C. B., at p. 481.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_531" href="#FNanchor_531" class="label">[531]</a> -(1875), L. R., 10 C. P., at p. 575.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_532" href="#FNanchor_532" class="label">[532]</a> -See also <i>Bohn</i> v. <i>Bogue</i> (1846), 10 Jur., 420; <i>Jarrold</i> v. <i>Heywood</i> (1870), 18 W. R., 279; -<i>Baily</i> v. <i>Taylor</i> (1829), 1 R. and M., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_533" href="#FNanchor_533" class="label">[533]</a> -(1878). 3 A. C., 483.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_534" href="#FNanchor_534" class="label">[534]</a> -(1869), L. R., 5 Ch., 251.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_535" href="#FNanchor_535" class="label">[535]</a> -<i>Leslie</i> v. <i>Young</i> [1894], A. C., at p. 342.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_536" href="#FNanchor_536" class="label">[536]</a> -<i>Cary</i> v. <i>Kearsley</i> (1802), 4 Esp., 168; <i>Lennie</i> v. <i>Pillans</i> (1843), 5 D., 416; <i>Cooper</i> v. -<i>Stephens</i> [1895], 1 Ch., 567.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_537" href="#FNanchor_537" class="label">[537]</a> -<i>Per</i> Page Wood, V. C., in <i>Tinsley</i> v. <i>Lacey</i> (1863), 1 H. and M., at p. 752.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_538" href="#FNanchor_538" class="label">[538]</a> -<i>Per</i> L. C. Herschell in <i>Leslie</i> v. <i>Young</i> [1894], A. C., at p. 341.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_539" href="#FNanchor_539" class="label">[539]</a> -See <i>Murray</i> v. <i>Bogue</i>(1852), 1 Drew, at p. 369.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_540" href="#FNanchor_540" class="label">[540]</a> -<i>Per</i> Cottenham, L. C., in <i>Bramwell</i> v. <i>Halcomb</i> (1836), 3 My. and Cr., at p. 738; see -<i>Scott</i> v. <i>Stanford</i> (1867), L. R., 3 Eq., 718.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_541" href="#FNanchor_541" class="label">[541]</a> -<i>Bradbury</i> v. <i>Hotten</i> (1872), L. R., 8 Ex., 1; see also <i>Cooper</i> v. <i>Stephens</i> [1895], -1 Ch., 567.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_542" href="#FNanchor_542" class="label">[542]</a> -(1826), 2 Russ., at p. 394.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_543" href="#FNanchor_543" class="label">[543]</a> -(1897), 13 T. L. R., 209; and see <i>Kelly</i> v. <i>Hooper</i> (1841), 1 Y. and C. Ch. C., 197; <i>Cooper</i> -v. <i>Stephens</i> [1895], 1 Ch., 567.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_544" href="#FNanchor_544" class="label">[544]</a> -<i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. D., 425; <i>Cate</i> v. <i>Devon</i> (1889), -40 Ch. D., 500.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_545" href="#FNanchor_545" class="label">[545]</a> -<i>Trade Auxiliary</i> v. <i>Middlesborough</i> (1889), 40 Ch. D., 425; <i>Cate</i> v. <i>Devon</i> (1889), -40 Ch. D., 500.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_546" href="#FNanchor_546" class="label">[546]</a> -40 Ch. D., at p. 507.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_547" href="#FNanchor_547" class="label">[547]</a> -<i>Jarrold</i> v. <i>Houlston</i> (1857), 3 K. and J., 708.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_548" href="#FNanchor_548" class="label">[548]</a> -(1802), 4 Esp., 168.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_549" href="#FNanchor_549" class="label">[549]</a> -<i>Jarrold</i> v. <i>Houlston</i> (1857), 3 K. and J., 708.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_550" href="#FNanchor_550" class="label">[550]</a> -<i>Per</i> Lord Ellenborough in <i>Cary</i> v. <i>Kearsley</i> (1802), 4 Esp., at p. 170.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_551" href="#FNanchor_551" class="label">[551]</a> -<i>Roworth</i> v. <i>Wilkes</i> (1807), 1 Camp., 97.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_552" href="#FNanchor_552" class="label">[552]</a> -<i>Per</i> Shadwell, V. C., in <i>Campbell</i> v. <i>Scott</i> (1842), 11 Sim., 31; <i>Clement</i> v. <i>Maddick</i> -(1859), 1 Giff., 98; <i>Reade</i> v. <i>Lacy</i> (1861), 1 J. and H., 524; <i>Scott</i> v. <i>Stanford</i> (1867), L. R., -3 Eq.,718.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_553" href="#FNanchor_553" class="label">[553]</a> -(1867), L. R., 3 Eq., 718.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_554" href="#FNanchor_554" class="label">[554]</a> -(1802), 4 Esp., 168.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_555" href="#FNanchor_555" class="label">[555]</a> -See also <i>Bohn</i> v. <i>Bogue</i> (1846), 10 Jur., 420.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_556" href="#FNanchor_556" class="label">[556]</a> -<i>Per</i> Sir W. Page Wood, V. C., in <i>Scott</i> v. <i>Stanford</i> (1867), L. R., 3 Eq., 718, at p. 723; -and see <i>Kelly</i> v. <i>Morris</i> (1866), L. R., 1 Eq., 697.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_557" href="#FNanchor_557" class="label">[557]</a> -<i>Jarrold</i> v. <i>Houlston</i> (1857), 3 K. and J., 708; <i>Reade</i> v. <i>Lacey</i> (1861), 1 J. and H., 524; -<i>Spiers</i> v. <i>Brown</i> (1858), 31 L. T. (O. S.), 18; 6 W. R., 352.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_558" href="#FNanchor_558" class="label">[558]</a> -(1847), 9 D., 748.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_559" href="#FNanchor_559" class="label">[559]</a> -<i>Hotten</i> v. <i>Arthur</i> (1863), 1 H. and M., 603.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_560" href="#FNanchor_560" class="label">[560]</a> -<i>Novello</i> v. <i>Sudlow</i> (1852), 12 C. B., 177.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_561" href="#FNanchor_561" class="label">[561]</a> -<i>Ager</i> v. <i>The P. & O.</i> (1884), 26 Ch. D., 637; and see <i>Oxford and Cambridge</i> v. <i>Gill</i> -(1899), 43 S. J., 570.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_562" href="#FNanchor_562" class="label">[562]</a> -<i>Murray</i> v. <i>Bogue</i> (1852), 1 Drew, 353.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_563" href="#FNanchor_563" class="label">[563]</a> -<i>Reade</i> v. <i>Lacey</i> (1861), 1 J. and H., 524; <i>Reade</i> v. <i>Conquest</i> (1862), 11 C. B. (N. S.), -479.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_564" href="#FNanchor_564" class="label">[564]</a> -(1889), 40 Ch. D., 500; <i>Cooper</i> v. <i>Whittingham</i> (1880), 15 Ch. D., 501.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_565" href="#FNanchor_565" class="label">[565]</a> -See Lord Blackburn in <i>Chatterton</i> v. <i>Cave</i>, 3 A. C., at p. 501; <i>Novello</i> v. <i>Sudlow</i> (1852), -12 C. B., 177; <i>Rock</i> v. <i>Lazarus</i> (1872), L. R. 15 Eq., 104; <i>Lee</i> v. <i>Simpson</i> (1847), 3 C. B., 871.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_566" href="#FNanchor_566" class="label">[566]</a> -<i>Maxwell</i> v. <i>Somerton</i> (1874), 22 W. R., 313.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_567" href="#FNanchor_567" class="label">[567]</a> -<i>Wyatt</i> v. <i>Barnard</i> (1814), 3 V. and B., 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_568" href="#FNanchor_568" class="label">[568]</a> -[1892], 3 Ch., 489.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_569" href="#FNanchor_569" class="label">[569]</a> -[1892], 3 Ch., 489, <i>per</i> North, J., at p. 499.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_570" href="#FNanchor_570" class="label">[570]</a> -This summary of "fair use" is taken from Stephen's Digest "Report of Copyright Commission," -1878, p. lxx.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_571" href="#FNanchor_571" class="label">[571]</a> -<i>Sayre</i> v. <i>Moore</i> (1785), 1 East., 361, <i>n.</i>; <i>Hogg</i> v. <i>Kirby</i> (1803), 8 Ves., 215; <i>Matthewson</i> -v. <i>Stockdale</i> (1806), 12 Ves., 270; <i>Mawman</i> v. <i>Tegg</i> (1826), 2 Russ., 385; <i>Pike</i> v. -<i>Nicholas</i> (1869), L. R., 5 Ch., 251; <i>Alexander</i> v. <i>Mackenzie</i> (1847), 9 D., 748 at p. 761; -<i>Longman</i> v. <i>Winchester</i> (1809), 16 Ves., 269; <i>Wilkins</i> v. <i>Aikin</i> (1810), 17 Ves., 422; <i>Weekes</i> -v. <i>Williamson</i> (1886), 12 Vict., L. R., 483.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_572" href="#FNanchor_572" class="label">[572]</a> -Lindley, L. J., <i>Lamb</i> v. <i>Evans</i> [1893], 1 Ch., at p. 224.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_573" href="#FNanchor_573" class="label">[573]</a> -<i>Hogg</i> v. <i>Kirby</i> (1803), 8 Ves., 215.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_574" href="#FNanchor_574" class="label">[574]</a> -<i>Per</i> Lord Chancellor Erskine in <i>Matthewson</i> v. <i>Stockdale</i> (1806), 12 Ves., at p. 273.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_575" href="#FNanchor_575" class="label">[575]</a> -<i>Wilson</i> v. <i>Lake</i> (1875), 1 Vict. L. R., Eq., 127.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_576" href="#FNanchor_576" class="label">[576]</a> -Lindley., L. J., in <i>Hollinrake</i> v. <i>Truswell</i> [1894], 3 Ch., at p. 427.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_577" href="#FNanchor_577" class="label">[577]</a> -<i>Jarrold</i> v. <i>Houlston</i> (1857), 3 K. and J., 708.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_578" href="#FNanchor_578" class="label">[578]</a> -<i>Morris</i> v. <i>Ashbee</i> (1868), L. R., 7 Eq., 34; <i>Lennie</i> v. <i>Pillans</i> (1843), 5 D., 416; <i>Mawman</i> -v. <i>Tegg</i> (1826), 2 Russ., 385; Lindley, L. J., in <i>Lamb</i> v. <i>Evans</i> [1893], 1 Ch., at p. 224.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_579" href="#FNanchor_579" class="label">[579]</a> -<i>Pike</i> v. <i>Nicholas</i> (1869), L. R., 5 Ch., 251, at p. 260.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_580" href="#FNanchor_580" class="label">[580]</a> -(1866), L. R., 1 Eq., 697.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_581" href="#FNanchor_581" class="label">[581]</a> -(1809), 16 Ves., 269; and see <i>Matthewson</i> v. <i>Stockdale</i> (1806), 1 J. and H., 312; <i>Baily</i> -v. <i>Taylor</i> (1829), 1 Russ. and Mylne, 73; <i>Wilkins</i> v. <i>Aikin</i> (1810), 17 Ves., at p. 424.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_582" href="#FNanchor_582" class="label">[582]</a> -(1839), 2 Beav., 6., at p. 8.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_583" href="#FNanchor_583" class="label">[583]</a> -And see <i>Garland</i> v. <i>Gemmill</i> (1887), 14 S. C. R. (Canada), 321.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_584" href="#FNanchor_584" class="label">[584]</a> -<i>Jarrold v. Houlston</i> (1857), 3 K. and J., 708.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_585" href="#FNanchor_585" class="label">[585]</a> -3 K. and J., at p. 715.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_586" href="#FNanchor_586" class="label">[586]</a> -1 H. and M., 603.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_587" href="#FNanchor_587" class="label">[587]</a> -(1866), L. R., 1 Eq., 697.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_588" href="#FNanchor_588" class="label">[588]</a> -See <i>Hogg</i> v. <i>Scott</i> (1874), L. R., 18 Eq., 444.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_589" href="#FNanchor_589" class="label">[589]</a> -(1867), L. R., 3 Eq., 718.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_590" href="#FNanchor_590" class="label">[590]</a> -(1868), L. R., 7 Eq., 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_591" href="#FNanchor_591" class="label">[591]</a> -(1866), L. R., 1 Eq., 697.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_592" href="#FNanchor_592" class="label">[592]</a> -(1839), 2 Beav., 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_593" href="#FNanchor_593" class="label">[593]</a> -See <i>Garland</i> v. <i>Gemmill</i> (1887), 14 S. C. R. (Canada), 321.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_594" href="#FNanchor_594" class="label">[594]</a> -<i>Morris</i> v. <i>Ashbee</i> (1868), L. R., 7 Eq., 34, <i>per</i> Giffard, V. C., at pp. 40, 41.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_595" href="#FNanchor_595" class="label">[595]</a> -(1870), L. R., 5 Ch., 279.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_596" href="#FNanchor_596" class="label">[596]</a> -(1866), L. R., 1 Eq., 697.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_597" href="#FNanchor_597" class="label">[597]</a> -(1868), L. R., 7 Eq., 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_598" href="#FNanchor_598" class="label">[598]</a> -(1866), L. R., 1 Eq., 697.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_599" href="#FNanchor_599" class="label">[599]</a> -<i>Per</i> Giffard, L. J., L. R., 5 Ch., at p. 285.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_600" href="#FNanchor_600" class="label">[600]</a> -(1869), L. R., 5 Ch., 251.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_601" href="#FNanchor_601" class="label">[601]</a> -Hatherley, L. C., L. R., 5 Ch., at p. 263; and see <i>Longman</i> v. <i>Winchester</i>(1809), 16 -Ves., at p. 271; <i>Moffat & Paige</i> v. <i>Gill</i> (1902), C. A., April 25.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_602" href="#FNanchor_602" class="label">[602]</a> -<i>Per</i> Giffard, L. J., L. R., 5 Ch., at p. 268.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_603" href="#FNanchor_603" class="label">[603]</a> -<i>Matthewson</i> v. <i>Stockdale</i> (1806), 1 J. and H., 312; <i>Walter</i> v. <i>Lane</i> [1900], A. C., 539; -<i>Kelly</i> v. <i>Morris</i> (1866), L. R., 1 Eq., 697; <i>Morris</i> v. <i>Wright</i> (1870), L. R., 5 Ch., 279; -<i>Batty</i> v. <i>Taylor</i> (1829), 1 Russ. and Mylne, 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_604" href="#FNanchor_604" class="label">[604]</a> -<i>Wilkins</i> v. <i>Aikin</i> (1810), 17 Ves., 422.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_605" href="#FNanchor_605" class="label">[605]</a> -(1872), L. R., 8 Ex., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_606" href="#FNanchor_606" class="label">[606]</a> -<i>Per</i> Kelly, C. B., L. R. 8 Ex., 1, at p. 5.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_607" href="#FNanchor_607" class="label">[607]</a> -(1872), L. R., 8 Ex., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_608" href="#FNanchor_608" class="label">[608]</a> -(1884), 26 Ch. D., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_609" href="#FNanchor_609" class="label">[609]</a> -<i>Roworth</i> v. <i>Wilkes</i> (1807), 1 Camp., 94; <i>Murray</i> v. <i>MacFarquhar</i> (1785), M., 8309.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_610" href="#FNanchor_610" class="label">[610]</a> -<i>Sweet</i> v. <i>Shaw</i> (1839), 3 Jur., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_611" href="#FNanchor_611" class="label">[611]</a> -<i>Hodges</i> v. <i>Welsh</i> (1840), 2 Ir. Eq. Rep., 266.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_612" href="#FNanchor_612" class="label">[612]</a> -<i>Sweet</i> v. <i>Shaw</i> (1839), 3 Jur., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_613" href="#FNanchor_613" class="label">[613]</a> -(1855), 16 C. B., 459.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_614" href="#FNanchor_614" class="label">[614]</a> -(1838), 3 Myl. and Cr., 711.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_615" href="#FNanchor_615" class="label">[615]</a> -(1840), 2 Ir. Eq. R., 266.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_616" href="#FNanchor_616" class="label">[616]</a> -(1826), 2 Russ., 385, at p. 393; see Lord Kinloch in <i>Black</i> v. <i>Murray</i> (1870), 9 M., at -p. 356.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_617" href="#FNanchor_617" class="label">[617]</a> -<i>Whittingham</i> v. <i>Wooler</i> (1817), 2 Swanst, 428; <i>Wilkins</i> v. <i>Aikin</i> (1810), 17 Ves., -422.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_618" href="#FNanchor_618" class="label">[618]</a> -<i>Bell</i> v. <i>Whitehead</i>(1839), 8 L. J. Ch., 141.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_619" href="#FNanchor_619" class="label">[619]</a> -<i>Per</i> Lord Ellenborough in <i>Roworth</i>. v. <i>Wilkes</i> (1807), 1 Camp., 94, at p. 97.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_620" href="#FNanchor_620" class="label">[620]</a> -(1842), 11 Sim., 31.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_621" href="#FNanchor_621" class="label">[621]</a> -(1874), 31 L. T. (N. S.), 775.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_622" href="#FNanchor_622" class="label">[622]</a> -(1785), 1 East., 361, <i>n.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_623" href="#FNanchor_623" class="label">[623]</a> -(1802), 4 Esp., 168; and see <i>Carnan</i> v. <i>Bowles</i> (1786), 1 Cox, Eq. Cas., 283.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_624" href="#FNanchor_624" class="label">[624]</a> -(1833), 6 Sim., 297.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_625" href="#FNanchor_625" class="label">[625]</a> -(1835), 1 Y. and C. Ex., 288.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_626" href="#FNanchor_626" class="label">[626]</a> -<i>Wood</i> v. <i>Boosey</i> (1868), L. R., 3 Q. B., 223, 9 B. and S., 175.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_627" href="#FNanchor_627" class="label">[627]</a> -<i>Warne</i> v. <i>Seebohm</i> (1888), 39 Ch. D., 73; <i>Oxford and Cambridge</i> v. <i>Gill</i> (1899), 43, S. J., -570; <i>Jarrold</i> v. <i>Houlston</i> (1857), 3 K. and J., 708; <i>Kelly</i> v. <i>Morris</i> (1866), L. R., 1 Eq., -697; <i>Scott</i> v. <i>Stanford</i> (1867), L. R., 3 Eq., 718.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_628" href="#FNanchor_628" class="label">[628]</a> -<i>Leslie</i> v. <i>Young</i> [1894], A. C., Lord Herschell, at p. 341.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_629" href="#FNanchor_629" class="label">[629]</a> -See p. <a href="#Page_97">97</a>, <i>supra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_630" href="#FNanchor_630" class="label">[630]</a> -<i>Tinsley</i> v. <i>Lacy</i> (1863), 1 H. and M., 747; <i>Murray</i> v. <i>Elliston</i> (1822), 5 B. and Ald., -657; <i>Reade</i> v. <i>Conquest</i> (1861), 9 C. B. (N. S.), 755; <i>Toole</i> v. <i>Young</i> (1874), L. R., 9 Q. B., -523.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_631" href="#FNanchor_631" class="label">[631]</a> -<i>Tinsley</i> v.<i>Lacy</i> (1863), 1 H. and M., 747.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_632" href="#FNanchor_632" class="label">[632]</a> -(1888), 39 Ch. D., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_633" href="#FNanchor_633" class="label">[633]</a> -<i>Tinsley</i> v. <i>Lacy</i> (1863), 1 H. and M., 747.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_634" href="#FNanchor_634" class="label">[634]</a> -See Stephen's "Digest," Art. 9 ("Report Copyright Commission," 1878, p. lxx.).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_635" href="#FNanchor_635" class="label">[635]</a> -<i>Gyles</i> v. <i>Wilcox</i> (1740), 2 Atk., 142.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_636" href="#FNanchor_636" class="label">[636]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_637" href="#FNanchor_637" class="label">[637]</a> -<i>Tonson</i> v. <i>Walker</i> (1752), 3 Swans., 672, at p. 681; <i>Millar</i> v. <i>Taylor</i> (1769), 4 Burr., -Willes, J., at p. 2311; <i>Bell</i> v. <i>Walker</i> (1785), 1 Bro. Ch. C., 450; <i>Murray</i> v. <i>Elliston</i> (1822), -1 Dow and Ry., 299; <i>Butterworth</i> v. <i>Robinson</i> (1801), 5 Ves., 709.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_638" href="#FNanchor_638" class="label">[638]</a> -(1761), Amb., 402; and see <i>Anonymous Case</i> (1774), Lofft., 775.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_639" href="#FNanchor_639" class="label">[639]</a> -(1835), 1 Y. and C., Ex., 288.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_640" href="#FNanchor_640" class="label">[640]</a> -<i>Per</i> Lord Lyndhurst, L. C. B., at p. 301.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_641" href="#FNanchor_641" class="label">[641]</a> -(1761), Amb., 402.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_642" href="#FNanchor_642" class="label">[642]</a> -<i>Dickens</i> v. <i>Lee</i> (1844), 8 Jur., 183, at p. 184.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_643" href="#FNanchor_643" class="label">[643]</a> -<i>Tinsley</i> v. <i>Lacy</i> (1863), 1 H. and M., 747, at p. 754; and see the observations of the -same judge in <i>Spiers</i> v. <i>Brown</i> (1858), 6 W. R., 352.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_644" href="#FNanchor_644" class="label">[644]</a> -<i>Munshi</i> v. <i>Mirza</i> (1890), Ind. L. R., 14 Bomb., 586; <i>Macmillan</i> v. <i>Shamsal</i> (1894), -Ind. L. R., 19 Bomb., 557.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_645" href="#FNanchor_645" class="label">[645]</a> -(1720), 2 Meriv., at p. 441.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_646" href="#FNanchor_646" class="label">[646]</a> -(1769), 4 Burr., Yates J., at p. 2348.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_647" href="#FNanchor_647" class="label">[647]</a> -(1849), 2 De G. and M., at p. 693.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_648" href="#FNanchor_648" class="label">[648]</a> -(1814), 3 V. and B., 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_649" href="#FNanchor_649" class="label">[649]</a> -(1852), 1 Drew, 353.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_650" href="#FNanchor_650" class="label">[650]</a> -<i>Nicols</i> v. <i>Pitman</i> (1884), 26 Ch. D., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_651" href="#FNanchor_651" class="label">[651]</a> -5 & 6 Vict. c. 45, sec. 15.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_652" href="#FNanchor_652" class="label">[652]</a> -<i>Morton</i> v. <i>Copeland</i> (1855), 16 C. B., 517.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_653" href="#FNanchor_653" class="label">[653]</a> -<i>London Printing</i> v. <i>Cox</i> [1891], 3 Ch., 291.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_654" href="#FNanchor_654" class="label">[654]</a> -<i>Morton</i> v. <i>Copeland</i> (1855), 16 C. B., 517.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_655" href="#FNanchor_655" class="label">[655]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_656" href="#FNanchor_656" class="label">[656]</a> -<i>Cooper</i> v. <i>Stephens</i> [1895], 1 Ch., 567; <i>Allen</i> v. <i>Lyon</i>(1884), 5 Out. Rep., 615; but -see <i>Eaton</i> v. <i>Lake</i> (1888), 20 Q. B. D., 378; <i>Strahan</i> v. <i>Graham</i> (1867), 16 L. T. -(N. S.), 87.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_657" href="#FNanchor_657" class="label">[657]</a> -<i>Ager</i> v. <i>P. & O.</i> (1884), 26 Ch. D., 637.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_658" href="#FNanchor_658" class="label">[658]</a> -Coleridge, J., in <i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. C., at p. 906.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_659" href="#FNanchor_659" class="label">[659]</a> -But see Willes, J., at pp. 2311 and 2332, and Aston, J., at p. 2346, in <i>Millar</i> v. <i>Taylor</i> -(1769), 4 Burr., 2303.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_660" href="#FNanchor_660" class="label">[660]</a> -<i>Southey</i> v. <i>Sherwood</i> (1817), 2 Mer., 435; <i>Rundell</i> v. <i>Murray</i> (1821), Jac., 311.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_661" href="#FNanchor_661" class="label">[661]</a> -<i>Weldon</i> v. <i>Dicks</i> (1878), 10 Ch. D., 247.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_662" href="#FNanchor_662" class="label">[662]</a> -<i>Hogg</i> v. <i>Scott</i> (1874), L. R., 18 Eq., at p. 455; <i>Morris</i> v. <i>Ashbee</i> (1868), L. R., 7 Eq., -34; <i>Rundell</i> v. <i>Murray</i> (1821), Jac., 311; <i>Saunders</i> v. <i>Smith</i> (1838), 3 My. and Cr., 711; -<i>Platt</i> v. <i>Button</i> (1815), 19 Ves., 447; <i>Latour</i> v. <i>Bland</i> (1818), 2 Stark, 382; <i>Pitman</i> v. <i>Hine</i> -(1884), 1 T. L. R., 39; <i>Weldon</i> v. <i>Dicks</i> (1878), 10 Ch. D., 247.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_663" href="#FNanchor_663" class="label">[663]</a> -5 & 6 Vict. c. 45, sec. 5.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_664" href="#FNanchor_664" class="label">[664]</a> -<i>Reade</i> v. <i>Conquest</i> (1861), 9 C. B. (N. S.), 755; <i>Tinsley</i> v. <i>Lacy</i> (1863), 1 H. and M., 747.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_665" href="#FNanchor_665" class="label">[665]</a> -<i>Reade</i> v. <i>Conquest</i> (1863), 11 C. B. (N. S.), 479. <i>Schlesinger</i> v. <i>Turner</i> (1890), 63 L. T., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_666" href="#FNanchor_666" class="label">[666]</a> -<i>Toole</i> v. <i>Young</i> (1874), L. R., 9 Q. B., 523.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_667" href="#FNanchor_667" class="label">[667]</a> -<i>Schlesinger</i> v. <i>Bedford</i> (1890), 63 L. T., 762.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_668" href="#FNanchor_668" class="label">[668]</a> -<i>Warne</i> v. <i>Seebohm</i> (1888), 39 Ch. D., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_669" href="#FNanchor_669" class="label">[669]</a> -See <i>Clark</i> v. <i>Bishop</i> (1872), 25 L. T., 908.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_670" href="#FNanchor_670" class="label">[670]</a> -<i>Macklin</i> v. <i>Richardson</i> (1770), Amb., 694.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_671" href="#FNanchor_671" class="label">[671]</a> -See p. <a href="#Page_215">215</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_672" href="#FNanchor_672" class="label">[672]</a> -(1882), 21 Ch. D., 232.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_673" href="#FNanchor_673" class="label">[673]</a> -<i>Macklin</i> v. <i>Richardson</i> (1770), Amb., 694.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_674" href="#FNanchor_674" class="label">[674]</a> -3 & 4 Will. IV. c. 15, sec. 1; 5 & 6 Vict. c. 45, secs. 15, 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_675" href="#FNanchor_675" class="label">[675]</a> - (1820), 1 Jac. and W., 481.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_676" href="#FNanchor_676" class="label">[676]</a> -(1864), 17 C. B. (N. S.), 418, at p. 426.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_677" href="#FNanchor_677" class="label">[677]</a> -(1822) 5 B. and Ald., 657.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_678" href="#FNanchor_678" class="label">[678]</a> -(1774), 4 Burr., 2408.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_679" href="#FNanchor_679" class="label">[679]</a> -(1793), 5 T. R., 245; and see <i>dictum</i> of Cockburn, C. J., in <i>Toole</i> v. <i>Young</i> (1874), L. R., -9 Q. B., at p. 527.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_680" href="#FNanchor_680" class="label">[680]</a> -See <i>supra</i>, p. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_681" href="#FNanchor_681" class="label">[681]</a> -<i>Chatterton</i> v. <i>Cave</i> (1875), L. R., 10 C. P., 572; <i>Hatton</i> v. <i>Kean</i> (1859), 7 C. B. (N. S.), 268.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_682" href="#FNanchor_682" class="label">[682]</a> -<i>Reade</i> v. <i>Conquest</i> (1861), 9 C. B. (N. S.), 755; <i>Tinsley</i> v. <i>Lacy</i> (1863), 1 H. and M., -747; <i>Toole</i> v. <i>Young</i> (1874), L. R., 9 Q. B., 523; <i>Warne</i> v. <i>Seebohm</i> (1888), 39 Ch. D., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_683" href="#FNanchor_683" class="label">[683]</a> -(1847), 3 C. B., 871.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_684" href="#FNanchor_684" class="label">[684]</a> -(1848), 12 Q. B., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_685" href="#FNanchor_685" class="label">[685]</a> -(1872), 25 L. T., 908.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_686" href="#FNanchor_686" class="label">[686]</a> -(1883), 11 Q. B. D., 102.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_687" href="#FNanchor_687" class="label">[687]</a> -(1887), 3 T. L. R., 552.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_688" href="#FNanchor_688" class="label">[688]</a> -[1895], 2 Q. B., 429.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_689" href="#FNanchor_689" class="label">[689]</a> -(1848), 12 Q. B., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_690" href="#FNanchor_690" class="label">[690]</a> -(1874). L. R., 9 Q. B., 523.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_691" href="#FNanchor_691" class="label">[691]</a> -(1848), 12 Q. B., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_692" href="#FNanchor_692" class="label">[692]</a> -[1895], 2 Q. B., 429.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_693" href="#FNanchor_693" class="label">[693]</a> -(1848), 12 Q. B., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_694" href="#FNanchor_694" class="label">[694]</a> -[1895], 2 Q. B., 429.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_695" href="#FNanchor_695" class="label">[695]</a> -See cases under the Dramatic Licensing Acts; <i>Day</i> v. <i>Simpson</i> (1865), 18 C. B. (N. S.), -680.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_696" href="#FNanchor_696" class="label">[696]</a> -See Stephen's "Digest," Art. 13 ("Report Copyright Commission," p. lxxii.).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_697" href="#FNanchor_697" class="label">[697]</a> - See <i>supra</i>, p. 121.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_698" href="#FNanchor_698" class="label">[698]</a> - The printing and publication of a dramatic piece as a book before public representation -does not destroy the performing right as suggested in Stephen's "Digest," Art. 14 ("Report -Copyright Commission," p. lxxiii.); <i>Chappell</i> v. <i>Boosey</i>(1882), 21 Ch. D., 232.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_699" href="#FNanchor_699" class="label">[699]</a> -See <i>Boucicault</i> v. <i>Chatterton</i>(1876), 5 Ch. D. 267.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_700" href="#FNanchor_700" class="label">[700]</a> - [1893], 2 Q. B., 308; and see also <i>Boucicault</i> v. <i>Chatterton</i>(1876), 5 Ch. D., 267.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_701" href="#FNanchor_701" class="label">[701]</a> - <i>i. e.</i> the statute of Victoria.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_702" href="#FNanchor_702" class="label">[702]</a> -<i>i. e.</i> The International Copyright Acts.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_703" href="#FNanchor_703" class="label">[703]</a> -(1863), 1 H. and M., 597.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_704" href="#FNanchor_704" class="label">[704]</a> -(1876), 5 Ch. D., 267.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_705" href="#FNanchor_705" class="label">[705]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_706" href="#FNanchor_706" class="label">[706]</a> -<i>Wood</i> v. <i>Boosey</i> (1867), L. R., 2 Q. B., 340.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_707" href="#FNanchor_707" class="label">[707]</a> -<i>Leader</i> v. <i>Purday</i> (1849), 7 C. B., 4; <i>Lover</i> v. <i>Davidson</i> (1856), 1 C. B. (N. S.), 182.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_708" href="#FNanchor_708" class="label">[708]</a> -<i>Russell</i> v. <i>Smith</i> (1848), 12 Q. B., 217; in <i>Hatton</i> v. <i>Kean</i>(1859), 7 C. B. (N. S.), at -p. 273, the plaintiff began to argue the question whether a non-dramatic musical composition -was within the Act; but counsel for the defendant intimated that he would not rely on that -point.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_709" href="#FNanchor_709" class="label">[709]</a> -<i>Wall</i> v. <i>Taylor</i> (1883), 11 Q. B. D., 102.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_710" href="#FNanchor_710" class="label">[710]</a> -See A. L. Smith, L. J., in <i>Fuller</i> v. <i>Blackpool Winter Gardens</i> [1895], 2 Q. B., 429.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_711" href="#FNanchor_711" class="label">[711]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_712" href="#FNanchor_712" class="label">[712]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_713" href="#FNanchor_713" class="label">[713]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_714" href="#FNanchor_714" class="label">[714]</a> - Note that the form in the schedule provides for "name of publisher and place of -publication."</p></div> - -<div class="footnote"> - -<p><a id="Footnote_715" href="#FNanchor_715" class="label">[715]</a> -<i>i. e.</i> of the copyright and performing right if in the same hands. If in different hands -the respective proprietors should be specified.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_716" href="#FNanchor_716" class="label">[716]</a> - <i>Russell</i> v. <i>Smith</i> (1848), 12 Q. B., 217; <i>Lacy</i> v. <i>Rhys</i> (1864), 33 L. J., Q. B., 157; <i>Clark</i> -v. <i>Bishop</i> (1872), 25 L. T., 908.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_717" href="#FNanchor_717" class="label">[717]</a> - 5 & 6 Vict. c. 45, sec. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_718" href="#FNanchor_718" class="label">[718]</a> - Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_719" href="#FNanchor_719" class="label">[719]</a> - 5 & 6 Vict. c. 45, sec. 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_720" href="#FNanchor_720" class="label">[720]</a> - 5 & 6 Vict. c. 45, sec. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_721" href="#FNanchor_721" class="label">[721]</a> - 5 & 6 Vict. c. 45, sec. 20.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_722" href="#FNanchor_722" class="label">[722]</a> -(1848), 12 Q. B., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_723" href="#FNanchor_723" class="label">[723]</a> -(1872), 25 L. T., 908.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_724" href="#FNanchor_724" class="label">[724]</a> -(1864), 33 L. J., Q. B., 157.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_725" href="#FNanchor_725" class="label">[725]</a> -See <i>Fairlie</i> v. <i>Boosey</i> (1879), 4 A. C., 711.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_726" href="#FNanchor_726" class="label">[726]</a> -<i>Wood</i> v. <i>Boosey</i> (1868), L. R., 3 Q. B., 223.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_727" href="#FNanchor_727" class="label">[727]</a> -<i>Shepherd</i> v. <i>Conquest</i> (1856), 17 C. B., 427; see <i>Cumberland</i> v. <i>Copeland</i> (1861), 7 H. -and N., 118; (1862), 1 H. and C., 194.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_728" href="#FNanchor_728" class="label">[728]</a> -5 & 6 Vict. c. 45, secs. 22, 20, 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_729" href="#FNanchor_729" class="label">[729]</a> -<i>Supra</i>, p. 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_730" href="#FNanchor_730" class="label">[730]</a> -<i>Shepherd</i> v. <i>Conquest</i> (1856), 17 C. B., 427; <i>Eaton</i> v. <i>Lake</i> (1888), 20 Q. B. D., 378.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_731" href="#FNanchor_731" class="label">[731]</a> -<i>Marsh</i> v. <i>Conquest</i> (1864), 17 C. B. (N. S.), 418.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_732" href="#FNanchor_732" class="label">[732]</a> -5 & 6 Vict. c. 45, sec. 22.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_733" href="#FNanchor_733" class="label">[733]</a> -3 & 4 Will. IV. c. 15, sec. 2; <i>Power</i> v. <i>Walker</i> (1814), 3 M. and S., 7; <i>Leyland</i> v. -<i>Stewart</i> (1876), 4 Ch. D., 419.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_734" href="#FNanchor_734" class="label">[734]</a> -<i>Marsh</i> v. <i>Conquest</i> (1864), 17 C. B. (N. S.), 418.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_735" href="#FNanchor_735" class="label">[735]</a> -<i>Marsh</i> v. <i>Conquest</i> (1864), 17 C. B. (M. S.), 418; <i>Lacy</i> v. <i>Rhys</i> (1864), 4 B. and S., 873.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_736" href="#FNanchor_736" class="label">[736]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_737" href="#FNanchor_737" class="label">[737]</a> -<i>Ex parte Hutchins</i> (1879), L. R., 4 Q. B. D., 483.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_738" href="#FNanchor_738" class="label">[738]</a> -L. R., 4 Q. B. D., 483.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_739" href="#FNanchor_739" class="label">[739]</a> -(1834), 1 Ad. and E., 580.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_740" href="#FNanchor_740" class="label">[740]</a> -See p. <a href="#Page_128">128</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_741" href="#FNanchor_741" class="label">[741]</a> -See p. <a href="#Page_74">74</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_742" href="#FNanchor_742" class="label">[742]</a> -<i>Holt</i> v. <i>Woods</i> (1896), 17 New South Wales R., Eq., 36; and see p. 81.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_743" href="#FNanchor_743" class="label">[743]</a> -(1847), 3 C. B., 871.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_744" href="#FNanchor_744" class="label">[744]</a> -(1848), 12 Q. B., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_745" href="#FNanchor_745" class="label">[745]</a> -See <i>Shelly</i> v. <i>Bethell</i> (1883), 12 Q. B. D., 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_746" href="#FNanchor_746" class="label">[746]</a> -(1883), 11 Q. B. D., at p. 108.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_747" href="#FNanchor_747" class="label">[747]</a> -(1884), 13 Q. B. D., 843.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_748" href="#FNanchor_748" class="label">[748]</a> -And see <i>Novello</i> v. <i>Sudlow</i> (1852), 12 C. B., 177.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_749" href="#FNanchor_749" class="label">[749]</a> -Denman, C. J., in <i>Russell</i> v. <i>Smith</i> (1848), 12 Q. B., 217, at p. 236.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_750" href="#FNanchor_750" class="label">[750]</a> -(1878), 3 A. C., 483.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_751" href="#FNanchor_751" class="label">[751]</a> -(1837), 8 C. and P., 68.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_752" href="#FNanchor_752" class="label">[752]</a> -(1837), 4 Bing., N. C, 17.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_753" href="#FNanchor_753" class="label">[753]</a> -(1889), 5 T. L. R., 330.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_754" href="#FNanchor_754" class="label">[754]</a> -<i>Reade</i> v. <i>Conquest</i> (1862), 11 C. B. (N. S.), 479; <i>Schlesinger</i> v. <i>Turner</i> (1890), 63 L. T. -(N. S.), 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_755" href="#FNanchor_755" class="label">[755]</a> -<i>Reichardt</i> v. <i>Sapte</i> [1893], 2 Q. B., 308; and see <i>Walter</i> v. <i>Lane</i> [1900], A. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_756" href="#FNanchor_756" class="label">[756]</a> -<i>Supra</i>, p. 104.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_757" href="#FNanchor_757" class="label">[757]</a> -(1878), 3 A. C., at p. 501.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_758" href="#FNanchor_758" class="label">[758]</a> -(1831), 5 C. and P., 33.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_759" href="#FNanchor_759" class="label">[759]</a> -(1849), 8 C. B., 836.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_760" href="#FNanchor_760" class="label">[760]</a> -(1848), 12 Q. B., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_761" href="#FNanchor_761" class="label">[761]</a> -(1863), 3 B. and S., 556; see this case and <i>Russell</i> v. <i>Briant</i>, <i>supra</i>, approved by -Byrne, J., in <i>Kelly's Directories</i> v. <i>Gavin & Lloyds</i> [1901], 1 Ch., 374:</p></div> - -<div class="footnote"> - -<p><a id="Footnote_762" href="#FNanchor_762" class="label">[762]</a> -(1864), 17 C. B. (N. S.), 418.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_763" href="#FNanchor_763" class="label">[763]</a> -(1886), 2 T. L. R., 685; but see <i>Cole</i> v. <i>Gear</i>(1888), 4 T. L. R., 246.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_764" href="#FNanchor_764" class="label">[764]</a> -(1831), 5 C. and P., 33.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_765" href="#FNanchor_765" class="label">[765]</a> -(1893), 9 T. L. R., 548.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_766" href="#FNanchor_766" class="label">[766]</a> -<i>Lee</i> v. <i>Simpson</i>(1847), 3 C. B., 871, at p. 883.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_767" href="#FNanchor_767" class="label">[767]</a> -<i>Duck</i> v. <i>Mayen</i>(1892), 8 T. L. R., 339.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_768" href="#FNanchor_768" class="label">[768]</a> -3 & 4 Will. IV. c. 15, sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_769" href="#FNanchor_769" class="label">[769]</a> -<i>Supra</i>, p. 118.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_770" href="#FNanchor_770" class="label">[770]</a> -<i>Roberts</i> v. <i>Bignell</i>(1887), 3 T. L. R., 552; <i>Eaton</i> v. <i>Lake</i>(1888), 20 Q. B. D., 378.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_771" href="#FNanchor_771" class="label">[771]</a> -<i>Morton</i> v. <i>Copeland</i>(1855), 16 C. B., 517.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_772" href="#FNanchor_772" class="label">[772]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_773" href="#FNanchor_773" class="label">[773]</a> -<i>Powell</i> v. <i>Head</i>(1879), 12 Ch. D., 686.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_774" href="#FNanchor_774" class="label">[774]</a> -(1835), 1 Y. and C. Ex., 288.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_775" href="#FNanchor_775" class="label">[775]</a> -(1883), 11 Q. B. D., 102.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_776" href="#FNanchor_776" class="label">[776]</a> -51 & 52 Vict. c. 17, sec. 3. Wright, J., has held that a knowledge that the music -contained the statutory notice reserving performing rights is not of itself sufficient evidence -that the proprietor knew the performance to be unauthorised. <i>Moul</i> v. <i>Coronet</i>, Nov. 30, 1901.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_777" href="#FNanchor_777" class="label">[777]</a> -Not a true "penalty," but in the nature of liquidated damages, <i>Adams</i> v. <i>Batley</i> (1887), -18 Q. B. D., 625; <i>Saunders</i> v. <i>Will</i> [1892], 2 Q. B., 18; see <i>Fitzbull</i> v. <i>Brooke</i> (1844), 2 D. -and L., 477.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_778" href="#FNanchor_778" class="label">[778]</a> -See p. <a href="#Page_86">86</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_779" href="#FNanchor_779" class="label">[779]</a> -3 & 4 Will. IV. c. 15, sec. 2, provided "double costs of suit." This was amended by -5 & 6 Vict. c. 97, sec. 2, to a "full and reasonable indemnity as to all costs, charges, and -expenses." This probably means nothing more than ordinary party and party costs, <i>Reeve</i> -v. <i>Gibson</i> [1891], 1 Q. B., 652; <i>Avery</i> v. <i>Wood</i> [1891], 3 Ch., 115; but it would seem that as -the costs are given by statute they are not in the discretion of the Court, and must be awarded -to a successful plaintiff, <i>Reeve</i> v. <i>Gibson</i> [1891], 1 Q. B., 652; <i>Hasker</i> v. <i>Wood</i> [1885], 54 -L. J. Q. B., 419; Judicature Act, 1890, sec. 5. Sec. 2 of 5 & 6 Vict. c. 97 is repealed by the -Public Authorities Protection Act in so far as that Act applies.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_780" href="#FNanchor_780" class="label">[780]</a> -3 & 4 Will. IV. c. 15, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_781" href="#FNanchor_781" class="label">[781]</a> -51 & 52 Vict. c. 17, sec. 1; and see p. 86 as to mode of assessing.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_782" href="#FNanchor_782" class="label">[782]</a> -See p. <a href="#Page_86">86</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_783" href="#FNanchor_783" class="label">[783]</a> -51 & 52 Vict. c. 17, sec. 2; 3 & 4 Will. IV. c. 15, sec. 2; 5 & 6 Vict. c. 96, sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_784" href="#FNanchor_784" class="label">[784]</a> -3 & 4 Will. IV. c. 15, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_785" href="#FNanchor_785" class="label">[785]</a> -See <i>infra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_786" href="#FNanchor_786" class="label">[786]</a> -See p. <a href="#Page_150">150</a>. This is doubtful.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_787" href="#FNanchor_787" class="label">[787]</a> -See p. <a href="#Page_150">150</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_788" href="#FNanchor_788" class="label">[788]</a> -See p. <a href="#Page_151">151</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_789" href="#FNanchor_789" class="label">[789]</a> -See p. <a href="#Page_152">152</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_790" href="#FNanchor_790" class="label">[790]</a> -See p. <a href="#Page_152">152</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_791" href="#FNanchor_791" class="label">[791]</a> -See chapter on Colonial Copyright, p. 186.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_792" href="#FNanchor_792" class="label">[792]</a> -2 Atk., 93.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_793" href="#FNanchor_793" class="label">[793]</a> -Amb., 264.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_794" href="#FNanchor_794" class="label">[794]</a> -15 & 16 Vict. c. 12, sec. 14.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_795" href="#FNanchor_795" class="label">[795]</a> -<i>Per</i> Best, C. J., in <i>Newton</i> v. <i>Cowie</i> (1827), 4 Bing., at p. 246.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_796" href="#FNanchor_796" class="label">[796]</a> -5 & 6 Vict. c. 45, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_797" href="#FNanchor_797" class="label">[797]</a> -<i>Stannard</i> v. <i>Lee</i> (1871), L. R., 6 Ch., 346; 24 L. T. (N. S.), 459.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_798" href="#FNanchor_798" class="label">[798]</a> -24 L. T. (N. S.), at p. 460.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_799" href="#FNanchor_799" class="label">[799]</a> -19 W. R., at p. 617.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_800" href="#FNanchor_800" class="label">[800]</a> -(1871), 24 L. T. (N. S.), 570.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_801" href="#FNanchor_801" class="label">[801]</a> -(1871), L. R., 6 Ch., 346.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_802" href="#FNanchor_802" class="label">[802]</a> -<i>Bogue</i> v. <i>Houlston</i> (1852), 5 De G. and Sm., 267; <i>Maple</i> v. <i>Junior Army and Navy -Stores</i> (1882), 21 Ch. D., 369; <i>Comyns</i> v. <i>Hyde</i> (1895), 43 W. R., 266; <i>Hildesheimer</i> v. <i>Dunn</i> -(1891), 64 L. T. (N. S.), 452.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_803" href="#FNanchor_803" class="label">[803]</a> -<i>Page</i> v. <i>Townsend</i> (1832), 5 Sim., 395.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_804" href="#FNanchor_804" class="label">[804]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_805" href="#FNanchor_805" class="label">[805]</a> -49 & 50 Vict. c. 33, sec. 8 (1); and see 7 & 8 Vict. c. 12, sec. 19.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_806" href="#FNanchor_806" class="label">[806]</a> -7 Geo. II. c. 38.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_807" href="#FNanchor_807" class="label">[807]</a> -See p. <a href="#Page_36">36</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_808" href="#FNanchor_808" class="label">[808]</a> -See p. <a href="#Page_169">169</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_809" href="#FNanchor_809" class="label">[809]</a> -6 & 7 Will. IV. c. 59, sec. 2; <i>Page</i> v. <i>Townsend</i> (1832), 5 Sim., 395.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_810" href="#FNanchor_810" class="label">[810]</a> -7 Vict. c. 12, sec. 19; 49 & 50 Vict. c. 33, sec. 8 (1).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_811" href="#FNanchor_811" class="label">[811]</a> -8 Geo. II. c. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_812" href="#FNanchor_812" class="label">[812]</a> -<i>Newton</i> v. <i>Cowie</i> (1827), 4 Bing., 234; <i>Brooks</i> v. <i>Cock</i> (1835), 3 Ad. and E., 138.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_813" href="#FNanchor_813" class="label">[813]</a> -<i>Thompson</i> v. <i>Symonds</i> (1792), 5 T. R., 41; <i>Harrison</i> v. <i>Hogg</i> (1794), 2 Ves., 322; <i>Newton</i> -v. <i>Cowie</i> (1827), 4 Bing., 234; <i>Brooks</i> v. <i>Cock</i> (1835), 3 Ad. and E., 138; <i>Mackmurdo</i> v. -<i>Smith</i> (1798), 7 T. R., 518.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_814" href="#FNanchor_814" class="label">[814]</a> -<i>Blackwell</i> v. <i>Harper</i> (1740), 2 Atk., 93; and see <i>Roworth</i> v. <i>Wilkes</i> (1807), 1 Camp., -94.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_815" href="#FNanchor_815" class="label">[815]</a> -(1792), 5 T. R., 41.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_816" href="#FNanchor_816" class="label">[816]</a> -<i>Blackwell</i> v. <i>Harper</i> (1740), 2 Atk., 93; <i>Graves</i> v. <i>Ashford</i> (1867), L. R., 2 C. P., 410.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_817" href="#FNanchor_817" class="label">[817]</a> -<i>Newton</i> v. <i>Cowie</i> (1827), 4 Bing., 234; <i>Thompson</i> v. <i>Symonds</i> (1792), 5 T. R., 41.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_818" href="#FNanchor_818" class="label">[818]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_819" href="#FNanchor_819" class="label">[819]</a> -<i>Rock</i> v. <i>Lazarus</i> (1872), L. R., 15 Eq., 104.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_820" href="#FNanchor_820" class="label">[820]</a> -<i>Graves</i> v. <i>Ashford</i> (1867), L. R., 2 C. P., 410.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_821" href="#FNanchor_821" class="label">[821]</a> -<i>Baschet</i> v. <i>London Illustrated Standard</i> [1900], 1 Ch., 73; <i>Fores</i> v. <i>Johnes</i> (1802), -4 Esp., 97.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_822" href="#FNanchor_822" class="label">[822]</a> -7 Geo. III. c. 38, sec. 7.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_823" href="#FNanchor_823" class="label">[823]</a> -<i>Donaldson</i> v. <i>Beckett</i> (1774), 2 Bro. P. C., 129.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_824" href="#FNanchor_824" class="label">[824]</a> -<i>Prince Albert</i> v. <i>Strange</i> (1849), 1 M'N. and G., 25; <i>West</i> v. <i>Francis</i> (1822), 5 B. and -Ald., 737.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_825" href="#FNanchor_825" class="label">[825]</a> -8 Geo. II. c. 13; 7 Geo. III. c. 38.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_826" href="#FNanchor_826" class="label">[826]</a> -<i>Stannard</i> v. <i>Harrison</i> (1871), 24 L. T. (N. S.), 570.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_827" href="#FNanchor_827" class="label">[827]</a> -See as to books, p. 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_828" href="#FNanchor_828" class="label">[828]</a> -<i>Thompson</i> v. <i>Symonds</i> (1792), 5 T. R., 41.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_829" href="#FNanchor_829" class="label">[829]</a> -8 Geo. II. c. 13; 17 Geo. III. c. 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_830" href="#FNanchor_830" class="label">[830]</a> -<i>Thompson</i> v. <i>Symonds</i> (1792), 5 T. R., 41.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_831" href="#FNanchor_831" class="label">[831]</a> -8 Geo. II. c. 13; 17 Geo. III. c. 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_832" href="#FNanchor_832" class="label">[832]</a> -See Assignment of Books, p. 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_833" href="#FNanchor_833" class="label">[833]</a> -Cf. <i>Cooper</i> v. <i>Stephens</i> [1895], 1 Ch., 567, a decision under the Copyright Act, 1842.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_834" href="#FNanchor_834" class="label">[834]</a> -<i>Marshall</i> v. <i>Petty</i> (1900), 17 T. L. R., 501; 8 Geo. II. c. 13, sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_835" href="#FNanchor_835" class="label">[835]</a> -See as to books, p. 74.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_836" href="#FNanchor_836" class="label">[836]</a> -8 Geo. II. c. 13; 17 Geo. III. c. 57. The above summary is the result of a careful comparison -of these two Acts. As Sir James Stephen says in his "Digest": "They are inexpressibly -puzzling and very cumbrous.... The sense escapes in a cloud of words." It is -submitted, however, that there are more important distinctions between the two Acts than -those noticed in the "Digest," and the above is an attempt to make them as clear as -possible.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_837" href="#FNanchor_837" class="label">[837]</a> -8 Geo. II. c. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_838" href="#FNanchor_838" class="label">[838]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_839" href="#FNanchor_839" class="label">[839]</a> -17 Geo. III. c. 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_840" href="#FNanchor_840" class="label">[840]</a> -25 & 26 Vict. c. 68, secs. 8 and 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_841" href="#FNanchor_841" class="label">[841]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_842" href="#FNanchor_842" class="label">[842]</a> -17 Geo. III. c. 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_843" href="#FNanchor_843" class="label">[843]</a> -17 Geo. III. c. 57; but see <i>Martin</i> v. <i>Wright</i> (1833), 6 Sim., 297, contra.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_844" href="#FNanchor_844" class="label">[844]</a> -17 Geo. III. c. 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_845" href="#FNanchor_845" class="label">[845]</a> -25 & 26 Vict. c. 68, secs. 8 and 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_846" href="#FNanchor_846" class="label">[846]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_847" href="#FNanchor_847" class="label">[847]</a> -25 & 26 Vict. c. 68, sec. 8.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_848" href="#FNanchor_848" class="label">[848]</a> -<i>Gambart</i> v. <i>Sumner</i> (1859), 8 W. R., 27; 5 H. and N., 5; <i>West</i> v. <i>Francis</i> (1822), -5 B. and Ald., 737.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_849" href="#FNanchor_849" class="label">[849]</a> -8 Geo. II. c. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_850" href="#FNanchor_850" class="label">[850]</a> -7 Geo. III. c. 38.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_851" href="#FNanchor_851" class="label">[851]</a> -<i>Graves</i> v. <i>Mercer</i> (1868), 16 W. R., 790.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_852" href="#FNanchor_852" class="label">[852]</a> -8 Geo. II. c. 13; 7 Geo. III. c. 38.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_853" href="#FNanchor_853" class="label">[853]</a> -<i>Avery</i> v. <i>Wood</i> [1891], 3 Ch., 115.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_854" href="#FNanchor_854" class="label">[854]</a> -<i>Hasker</i> v. <i>Wood</i> (1885), 54 L. J., Q. B., 419; <i>Reeve</i> v. <i>Gibson</i> [1891], 1 Q. B., 652.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_855" href="#FNanchor_855" class="label">[855]</a> -But see <i>Martin</i> v. <i>Wright</i> (1833), 6 Sim., 297.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_856" href="#FNanchor_856" class="label">[856]</a> -8 Geo. II. c. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_857" href="#FNanchor_857" class="label">[857]</a> -8 Geo. II. c. 13; 17 Geo. III. c. 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_858" href="#FNanchor_858" class="label">[858]</a> -<i>West</i> v. <i>Francis</i> (1822), 5 B. and Ald., 737; <i>Moore</i> v. <i>Clarke</i> (1842), 9 M. and W., 692.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_859" href="#FNanchor_859" class="label">[859]</a> -<i>West</i> v. <i>Francis</i> (1822), 5 B. and Ald., 737.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_860" href="#FNanchor_860" class="label">[860]</a> -<i>Graves</i> v. <i>Ashford</i> (1867), L. R., 2 C. P., 410; <i>Gambart</i> v. <i>Ball</i> (1863), 14 C. B. (N. S.), -306.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_861" href="#FNanchor_861" class="label">[861]</a> -<i>Dicks</i> v. <i>Brooks</i> (1880), 15 Ch. D., 22; <i>Gambart</i> v. <i>Ball</i> (1863), 14 C. B. (N. S.), 306.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_862" href="#FNanchor_862" class="label">[862]</a> -<i>Newton</i> v. <i>Cowie</i> (1827), 4 Bing. at p. 246; <i>De Berenger</i> v. <i>Wheble</i> (1819), 2 Stark., 548.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_863" href="#FNanchor_863" class="label">[863]</a> -<i>Dicks</i> v. <i>Brooks</i> (1880), 15 Ch. D., 22; <i>Gambart</i> v. <i>Ball</i> (1863), 14 C. B. (N. S.), 306.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_864" href="#FNanchor_864" class="label">[864]</a> -(1807), 1 Camp., at p. 98.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_865" href="#FNanchor_865" class="label">[865]</a> -(1833), 6 Sim., 297.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_866" href="#FNanchor_866" class="label">[866]</a> -No such statement could now be accepted as sound. See p. <a href="#Page_112">112</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_867" href="#FNanchor_867" class="label">[867]</a> -(1880), 15 Ch. D., 22.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_868" href="#FNanchor_868" class="label">[868]</a> -15 Ch. D., at p. 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_869" href="#FNanchor_869" class="label">[869]</a> -15 Ch. D., at p. 37.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_870" href="#FNanchor_870" class="label">[870]</a> -See as to literary copyright, p. 112.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_871" href="#FNanchor_871" class="label">[871]</a> -<i>Murray</i> v. <i>Heath</i> (1831), 1 B. and Ad., 804.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_872" href="#FNanchor_872" class="label">[872]</a> -8 Geo. II. c. 13; 17 Geo. III. c. 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_873" href="#FNanchor_873" class="label">[873]</a> -8 Geo. II. c. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_874" href="#FNanchor_874" class="label">[874]</a> -Cf. <i>Cooper</i> v. <i>Stephens</i> [1895], 1 Ch., 567, which is under 5 & 6 Vict. c. 45, but on a claim -for damages an injunction only would seem to be analogous; <i>Marshall</i> v. <i>Petty</i> (1900), -17 T. L. R., 501.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_875" href="#FNanchor_875" class="label">[875]</a> -See <i>infra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_876" href="#FNanchor_876" class="label">[876]</a> -See p. <a href="#Page_162">162</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_877" href="#FNanchor_877" class="label">[877]</a> -See p. <a href="#Page_162">162</a>. This is doubtful.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_878" href="#FNanchor_878" class="label">[878]</a> -See p. <a href="#Page_162">162</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_879" href="#FNanchor_879" class="label">[879]</a> -See p. <a href="#Page_163">163</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_880" href="#FNanchor_880" class="label">[880]</a> -See p. <a href="#Page_163">163</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_881" href="#FNanchor_881" class="label">[881]</a> -See chapter on Colonial Copyright, p. 186.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_882" href="#FNanchor_882" class="label">[882]</a> -54 Geo. III. c. 56, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_883" href="#FNanchor_883" class="label">[883]</a> -<i>Caproni</i> v. <i>Alberti</i> (1892), 40 W. R., 235.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_884" href="#FNanchor_884" class="label">[884]</a> -<i>Britain</i> v. <i>Hanks</i>, Wright, J., April 15, 1902.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_885" href="#FNanchor_885" class="label">[885]</a> -54 Geo. III. c. 56, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_886" href="#FNanchor_886" class="label">[886]</a> -49 & 50 Vict. c. 33, sec. 8 (1).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_887" href="#FNanchor_887" class="label">[887]</a> -7 & 8 Vict. c. 12, sec. 19.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_888" href="#FNanchor_888" class="label">[888]</a> -10 Ir. R. Ch., at p. 516, per Brady, L. Ch. I.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_889" href="#FNanchor_889" class="label">[889]</a> -<i>Turner</i> v. <i>Robinson</i> (1860), 10 Ir. R. Ch., 121, 510.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_890" href="#FNanchor_890" class="label">[890]</a> -See <i>supra</i>, p. 42.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_891" href="#FNanchor_891" class="label">[891]</a> -54 Geo. III. c. 56.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_892" href="#FNanchor_892" class="label">[892]</a> -5 & 6 Vict. c. 45.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_893" href="#FNanchor_893" class="label">[893]</a> -54 Geo. III. c. 56, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_894" href="#FNanchor_894" class="label">[894]</a> -As to work done by partner of a firm, see <i>Britain</i> v. <i>Hanks</i>, April 15, 1902.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_895" href="#FNanchor_895" class="label">[895]</a> -See p. <a href="#Page_151">151</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_896" href="#FNanchor_896" class="label">[896]</a> -38 Geo. III. c. 71.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_897" href="#FNanchor_897" class="label">[897]</a> -Viz., 38 Geo. III. c. 71, and 54 Geo. III. c. 56.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_898" href="#FNanchor_898" class="label">[898]</a> -<i>Britain</i> v. <i>Hanks</i>, April 15, 1902.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_899" href="#FNanchor_899" class="label">[899]</a> -See p. <a href="#Page_46">46</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_900" href="#FNanchor_900" class="label">[900]</a> -See p. <a href="#Page_174">174</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_901" href="#FNanchor_901" class="label">[901]</a> -See p. <a href="#Page_152">152</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_902" href="#FNanchor_902" class="label">[902]</a> -54 Geo. III. c. 56, secs. 1 and 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_903" href="#FNanchor_903" class="label">[903]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_904" href="#FNanchor_904" class="label">[904]</a> -54 Geo. III. c. 56, sec. 6; cf. <i>Carnan</i> v. <i>Bowles</i> (1786), 2 Bro. C. C., 8o; <i>Rundell</i> v. -<i>Murray</i> (1821), Jac., 311.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_905" href="#FNanchor_905" class="label">[905]</a> -54 Geo. III. c. 56, sec. 4; cf. 8 Anne c. 19, sec. 1, and <i>Davidson</i> v. <i>Bohn</i> (1848), -6 C. B., 456; <i>Power</i> v. <i>Walker</i> (1814), 3 M. and S., 7; <i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. -Cas., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_906" href="#FNanchor_906" class="label">[906]</a> -54 Geo. III. c. 56, sec. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_907" href="#FNanchor_907" class="label">[907]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_908" href="#FNanchor_908" class="label">[908]</a> -The Sculpture Act gives "double costs," but 5 & 6 Vict. c. 97, sec. 2, substitutes "a -full and reasonable indemnity." See p. <a href="#Page_144">144</a>, <i>note</i> 4. This probably means costs in the ordinary -sense; but the plaintiff is entitled to them as of right and not as a matter of discretion under -the Rules of the Supreme Court.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_909" href="#FNanchor_909" class="label">[909]</a> -54 Geo. III. c. 56, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_910" href="#FNanchor_910" class="label">[910]</a> -See <i>infra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_911" href="#FNanchor_911" class="label">[911]</a> -See p. <a href="#Page_168">168</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_912" href="#FNanchor_912" class="label">[912]</a> -See p. <a href="#Page_170">170</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_913" href="#FNanchor_913" class="label">[913]</a> -See p. <a href="#Page_171">171</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_914" href="#FNanchor_914" class="label">[914]</a> -See p. <a href="#Page_174">174</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_915" href="#FNanchor_915" class="label">[915]</a> -See p. <a href="#Page_174">174</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_916" href="#FNanchor_916" class="label">[916]</a> -See chapter on Colonial Copyright, p. 186.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_917" href="#FNanchor_917" class="label">[917]</a> -25 & 26 Vict. c. 68, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_918" href="#FNanchor_918" class="label">[918]</a> -<i>Hanfstaengl</i> v. <i>Empire Palace</i> [1894], 2 Ch., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_919" href="#FNanchor_919" class="label">[919]</a> -<i>Graves'</i> case (1869), L. R., 4 Q. B., 715.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_920" href="#FNanchor_920" class="label">[920]</a> -See the cases as to new editions of books.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_921" href="#FNanchor_921" class="label">[921]</a> -<i>Kenrick</i> v. <i>Lawrence</i> (1890), 25 Q. B. D., 99.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_922" href="#FNanchor_922" class="label">[922]</a> -<i>Farina</i> v. <i>Silverlock</i> (1858), 4 K. and J., 650. This case is hardly an authority, as it was -decided when published paintings and drawings were unprotected; but it is submitted that -even under the Act of 1862 a label of this kind would not be protected.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_923" href="#FNanchor_923" class="label">[923]</a> -(1860), 10 Ir. Ch., 121, 510.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_924" href="#FNanchor_924" class="label">[924]</a> -(1860), 10 Ir. Ch., 121.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_925" href="#FNanchor_925" class="label">[925]</a> -25 & 26 Vict. c. 68, sec. 1; see <i>Geissendorfer</i> v. <i>Mendelssohn</i> (1896), 13 T. L. R., 91.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_926" href="#FNanchor_926" class="label">[926]</a> -See <i>Nottage</i> v. <i>Jackson</i> (1883), 11 Q. B. D., 627.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_927" href="#FNanchor_927" class="label">[927]</a> -<i>Petty</i> v. <i>Taylor</i> [1897], 1 Ch., 465.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_928" href="#FNanchor_928" class="label">[928]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_929" href="#FNanchor_929" class="label">[929]</a> -25 & 26 Vict. c. 68, sec. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_930" href="#FNanchor_930" class="label">[930]</a> -<i>Tuck & Sons</i> v. <i>Priester</i> (1887), 19 Q. B. D., 629; <i>Pollard</i> v. <i>Photo. Co.</i> (1888), 40 Ch. D., -345.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_931" href="#FNanchor_931" class="label">[931]</a> -<i>Turner</i> v. <i>Robinson</i> (1860), 10 Ir. Ch., 121, 510; <i>Prince Albert</i> v. <i>Strange</i> (1849), 1 M'N. -and G., at p. 42; <i>West</i> v. <i>Francis</i> (1822), 5 B. and Ald., 737.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_932" href="#FNanchor_932" class="label">[932]</a> -<i>Tuck & Sons</i> v. <i>Priester</i> (1887), 19 Q. B. D., 629; <i>Tuck</i> v. <i>Continental</i> (1887), 3 T. L. R., -826.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_933" href="#FNanchor_933" class="label">[933]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_934" href="#FNanchor_934" class="label">[934]</a> -<i>London Printing</i> v. <i>Cox</i> [1891], 3 Ch., 291; <i>Dupuy</i> v. <i>Dilkes</i> (1879), W. N., 145; 48 -L. J. Ch., 682.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_935" href="#FNanchor_935" class="label">[935]</a> -<i>London Printing</i> v. <i>Cox</i> [1891], 3 Ch., 291.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_936" href="#FNanchor_936" class="label">[936]</a> -<i>Dupuy</i> v. <i>Dilkes</i> (1879), W. N., 145; 48 L. J. Ch., 682.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_937" href="#FNanchor_937" class="label">[937]</a> -<i>Graves'</i> case (1869), L. R., 4 Q. B., 715.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_938" href="#FNanchor_938" class="label">[938]</a> -<i>Ex parte Walker</i> (1869), 17 W. R., 1018; 10 B. and S., 680.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_939" href="#FNanchor_939" class="label">[939]</a> -25 & 26 Vict. c. 68, sec. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_940" href="#FNanchor_940" class="label">[940]</a> -<i>Ex parte Beal</i> (1868), L. R., 3 Q. B., 387; 9 B. and G., 395.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_941" href="#FNanchor_941" class="label">[941]</a> -Blackburn, J., 9 B. and S., at p. 398. The headnote in <i>ex parte Walker</i> (1869), 10 B. -and S., 680, "That the description 'A Piper and a Pair of Nut-crackers' was sufficient for -the purpose of sec. 6," is erroneous, the point being left undecided.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_942" href="#FNanchor_942" class="label">[942]</a> -<i>Baschet</i> v. <i>London Illustrated Standard</i> [1900], 1 Ch., 73; <i>Fores</i> v. <i>Johnes</i> (1802), 4 Esp., -97; see <i>Du Bost</i> v. <i>Beresford</i> (1810), 2 Camp., 511.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_943" href="#FNanchor_943" class="label">[943]</a> -25 & 26 Vict. c. 68, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_944" href="#FNanchor_944" class="label">[944]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_945" href="#FNanchor_945" class="label">[945]</a> -7 Vict. c. 12, sec. 19.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_946" href="#FNanchor_946" class="label">[946]</a> -25 & 26 Vict. c. 68, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_947" href="#FNanchor_947" class="label">[947]</a> -<i>Nottage</i> v. <i>Jackson</i> (1883), 11 Q. B. D., 627; <i>Wooderson</i> v. <i>Tuck</i> (1887), 4. T. L. R., 57; -<i>Melville</i> v. <i>Mirror of Life</i> [1895], 2 Ch., 531; <i>Kenrick</i> v. <i>Lawrence</i> [1890], 25 Q. B. D., 99.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_948" href="#FNanchor_948" class="label">[948]</a> -<i>Nottage</i> v. <i>Jackson</i> (1883), 11 Q. B. D., 627; <i>Kenrick</i> v. <i>Lawrence</i> [1890], 25 Q. B. D., -99.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_949" href="#FNanchor_949" class="label">[949]</a> -25 & 26 Vict. c. 68, sec. 1; <i>Kenrick</i> v. <i>Lawrence</i> (1890), 25 Q. B. D., 99; <i>Levi</i> v. <i>Champion</i> -(1887), 3 T. L. R., 286.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_950" href="#FNanchor_950" class="label">[950]</a> -<i>Wooderson</i> v. <i>Tuck</i> (1887), 4 T. L. R., 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_951" href="#FNanchor_951" class="label">[951]</a> -<i>Melville</i> v. <i>Mirror of Life</i> [1895], 2 Ch., 531; <i>Ellis</i> v. <i>Marshall</i> (1895), 11 T. L. R., -522; <i>Ellis</i> v. <i>Ogden</i>(1894), 11 T. L. R., 50.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_952" href="#FNanchor_952" class="label">[952]</a> -<i>Melville</i> v. <i>Mirror of Life</i> [1895] 2 Ch., 531; <i>Ellis</i> v. <i>Marshall</i> (1895), 11 T. L. R., -522.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_953" href="#FNanchor_953" class="label">[953]</a> -<i>Ellis</i> v. <i>Ogden</i> (1894), 11 T. L. R., 50.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_954" href="#FNanchor_954" class="label">[954]</a> -<i>Melville</i> v. <i>Mirror of Life</i> [1895], 2 Ch., 531; <i>Ellis</i> v. <i>Ogden</i> (1894), 11 T. L. R., 50.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_955" href="#FNanchor_955" class="label">[955]</a> -<i>Petty</i> v. <i>Taylor</i> [1897], 1 Ch., 465.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_956" href="#FNanchor_956" class="label">[956]</a> -25 & 26 Vict. c. 68, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_957" href="#FNanchor_957" class="label">[957]</a> -<i>Troitzsch</i> v. <i>Rees</i> (1887), 3 T. L. R., 773; and see <i>Graves'</i> case (1869), L. R., 4 Q. B., 715.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_958" href="#FNanchor_958" class="label">[958]</a> -See p. <a href="#Page_172">172</a> as to registration.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_959" href="#FNanchor_959" class="label">[959]</a> -<i>London Printing and Publishing Alliance</i> v. <i>Cox</i> [1891], 3 Ch., 291.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_960" href="#FNanchor_960" class="label">[960]</a> -See assignment of literary copyright, p. 78.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_961" href="#FNanchor_961" class="label">[961]</a> -See as to partial assignment of literary copyright, p. 80.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_962" href="#FNanchor_962" class="label">[962]</a> -(1880), 13 Ch. D., 872.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_963" href="#FNanchor_963" class="label">[963]</a> -<i>Tuck</i> v. <i>Canton</i> (1882), 51 L. J., Q. B., 363.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_964" href="#FNanchor_964" class="label">[964]</a> -25 & 26 Vict. c. 68, sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_965" href="#FNanchor_965" class="label">[965]</a> -25 & 26 Vict. c. 68, sec. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_966" href="#FNanchor_966" class="label">[966]</a> -25 & 26 Vict. c. 68, secs. 6, 8, 9, 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_967" href="#FNanchor_967" class="label">[967]</a> -25 & 26 Vict. c. 68, sec. 6. These penalties are not a civil debt, but in the nature of a -fine for a criminal offence; <i>ex parte Graves</i> (1868), L. R., 3 Ch., 642.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_968" href="#FNanchor_968" class="label">[968]</a> -25 & 26 Vict. c. 68, sec. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_969" href="#FNanchor_969" class="label">[969]</a> -25 & 26 Vict. c. 68, sec. 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_970" href="#FNanchor_970" class="label">[970]</a> -25 & 26 Vict. c. 68, sec. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_971" href="#FNanchor_971" class="label">[971]</a> -25 & 26 Vict. c. 68, sec. 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_972" href="#FNanchor_972" class="label">[972]</a> -25 & 26 Vict. c. 68, sec. 8.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_973" href="#FNanchor_973" class="label">[973]</a> -25 & 26 Vict. c. 68, sec. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_974" href="#FNanchor_974" class="label">[974]</a> -25 & 26 Vict. c. 68, sec. 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_975" href="#FNanchor_975" class="label">[975]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_976" href="#FNanchor_976" class="label">[976]</a> -25 & 26 Vict. c. 68, sec. 10.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_977" href="#FNanchor_977" class="label">[977]</a> -25 & 26 Vict. c. 68, sec. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_978" href="#FNanchor_978" class="label">[978]</a> -(1898), 14 T. L. R.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_979" href="#FNanchor_979" class="label">[979]</a> -[1900], 1 Ch., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_980" href="#FNanchor_980" class="label">[980]</a> -<i>Tuck</i> v. <i>Priester</i> (1887), 14 Q. B. D., 629.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_981" href="#FNanchor_981" class="label">[981]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_982" href="#FNanchor_982" class="label">[982]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_983" href="#FNanchor_983" class="label">[983]</a> -<i>Ex parte Beal</i> (1868), L. R., 3 Q. B., 387; <i>Hildesheimer</i> v. <i>Faulkner</i> [1901], 2 Ch., 552.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_984" href="#FNanchor_984" class="label">[984]</a> -(1868), 9 B. and S., 395.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_985" href="#FNanchor_985" class="label">[985]</a> - 9 B. and S., at p. 402.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_986" href="#FNanchor_986" class="label">[986]</a> - <i>Ellis</i> v. <i>Marshall</i> (1895),64 L. J., Q. B., 757; <i>Baschet</i> v. <i>London Illustrated</i> [1900], -1 Ch., 73; <i>Nicholls</i> v. <i>Parker</i> (1901), 17 T. L. R., 482; <i>Green</i> v. <i>Irish Independent</i> [1899], -1 I. R., 386.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_987" href="#FNanchor_987" class="label">[987]</a> - [1901], 2 Ch., 552.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_988" href="#FNanchor_988" class="label">[988]</a> - 25 & 26 Vict. c. 68, sec. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_989" href="#FNanchor_989" class="label">[989]</a> - <i>Tuck</i> v. <i>Priester</i> (1887), 19 Q. B. D., 629; <i>Murray</i> v. <i>Heath</i> (1831), 1 B. and Ad., 804; -<i>Mayall</i> v. <i>Higbey</i> (1862), 1 H. and C, 148.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_990" href="#FNanchor_990" class="label">[990]</a> - <i>Pollard</i> v. <i>Photo. Co.</i> (1888), 4 Ch. D., 345.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_991" href="#FNanchor_991" class="label">[991]</a> - 25 & 26 Vict. c. 68, sec. 7.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_992" href="#FNanchor_992" class="label">[992]</a> - This offence does not constitute forgery, because a forgery must be a document, and a -picture is not a document; <i>Reg</i> v. <i>Closs</i> (1857), 6 W. R., 109.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_993" href="#FNanchor_993" class="label">[993]</a> - 25 & 26 Vict. c. 68, sec. 7.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_994" href="#FNanchor_994" class="label">[994]</a> - 16 Jac. 1., c. 16, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_995" href="#FNanchor_995" class="label">[995]</a> - <i>Lucas</i> v. <i>Williams</i> [1892], 2 Q. B., 113.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_996" href="#FNanchor_996" class="label">[996]</a> - 25 & 26 Vict. c. 68, sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_997" href="#FNanchor_997" class="label">[997]</a> - <i>Ex parte Beal</i> (1868), 3 Q. B., 387.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_998" href="#FNanchor_998" class="label">[998]</a> - <i>Bolton</i> v. <i>Aldin</i> (1895), 65 L. J., Q. B., 120.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_999" href="#FNanchor_999" class="label">[999]</a> - But see <i>Hanfstaengl</i> v. <i>Baines</i> [1895], A. C., 20; <i>Hanfstaengl</i> v. <i>Empire Palace</i> [1894], -2 Ch., 1; [1894], 3 Ch., 109.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1000" href="#FNanchor_1000" class="label">[1000]</a> - <i>Graves'</i> case (1869), L. R., 4 Q. B., 715; cf. the case of the photograph of an engraving, -<i>Gambart</i> v. <i>Ball</i> (1863), 14 C. B. (N. S.), 306; <i>Graves</i> v. <i>Ashford</i> (1867), L. R., 2 C. P., -410.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1001" href="#FNanchor_1001" class="label">[1001]</a> - [1894], 2 Ch. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1002" href="#FNanchor_1002" class="label">[1002]</a> - [1895], A. C., 20.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1003" href="#FNanchor_1003" class="label">[1003]</a> -(1896), 12 T. L. R., 491.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1004" href="#FNanchor_1004" class="label">[1004]</a> -(1842), 9 M. & W., 692.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1005" href="#FNanchor_1005" class="label">[1005]</a> -(1897), 45 W. R., 476; see also <i>West</i> v. <i>Francis</i> (1822), 5 B. and Ald., 737; <i>London -Stereo</i> v. <i>Kelly</i> (1888), 5 T. L. R., 169; <i>Bolton</i> v. <i>London Exhibitions</i> (1898), 14 T. L. R., 550.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1006" href="#FNanchor_1006" class="label">[1006]</a> -<i>Hanfstaengl</i> v. <i>Baines</i> [1895], A. C., 20; <i>ex parte Beal</i> (1868), L. R., 3 Q. B., 387; -<i>Turner</i> v. <i>Robinson</i> (1860), 10 Ir. Ch., 121, 510.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1007" href="#FNanchor_1007" class="label">[1007]</a> -<i>Ex parte Beal</i> (1868), L. R., 3 Q. B., 387.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1008" href="#FNanchor_1008" class="label">[1008]</a> -<i>Brooks</i> v. <i>Religious Tract Society</i> (1897), 45 W. R., 476; <i>West</i> v. <i>Francis</i> (1822), 5 B. -and Ald., 737.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1009" href="#FNanchor_1009" class="label">[1009]</a> -<i>Hanfstaengl</i> v. <i>Empire Palace</i> [1894], 3 Ch., 109.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1010" href="#FNanchor_1010" class="label">[1010]</a> -25 & 26 Vict., sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1011" href="#FNanchor_1011" class="label">[1011]</a> -25 & 26 Vict., sec. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1012" href="#FNanchor_1012" class="label">[1012]</a> -<i>London Printing and Pub. All.</i> v. <i>Cox</i> [1891], 3 Ch., 291.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1013" href="#FNanchor_1013" class="label">[1013]</a> -<i>Nicholls</i> v. <i>Parker</i> (1901), 17 T. L. R., 482; and see <i>Guggenheim</i> v. <i>Leng</i> (1896), 12 -T. L. R., 491.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1014" href="#FNanchor_1014" class="label">[1014]</a> -49 & 50 Vict. c. 33, sec. 8 (4).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1015" href="#FNanchor_1015" class="label">[1015]</a> -The following colonies have local legislation: India, Ceylon, Canada, the Australian -Colonies, New Zealand, Cape of Good Hope, Natal, Hong Kong, Tasmania, Newfoundland.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1016" href="#FNanchor_1016" class="label">[1016]</a> -Australian Colonies, Tasmania, Cape of Good Hope, Natal, New Zealand, Hong Kong, -Ceylon. The period of protection in foreign telegrams varies from 24 to 120 hours in the -respective colonies.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1017" href="#FNanchor_1017" class="label">[1017]</a> -10 & 11 Vict. c. 95, usually known as the Foreign Reprints Act.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1018" href="#FNanchor_1018" class="label">[1018]</a> -The following are the colonies now under the provisions of the Foreign Reprints Act, -1847. The dates are of the respective Orders in Council. Bermuda, February 13, 1849; -Bahamas, May 21, 1849; Newfoundland, July 30, 1849; St. Christopher, November 6, 1849; -Antigua, June 19, 1850; St. Lucia, November 13, 1850; British Guiana, October 23, 1851; -Mauritius, April 1, 1853; Grenada, December 29, 1853; Nevis, March 10, 1855; Cape of -Good Hope, March 10, 1855; Natal, May 16, 1857; Jamaica, April 23, 1859; Trinidad, -March 17, 1875; Barbados, August 15, 1890; St. Vincent, August 26, 1881.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1019" href="#FNanchor_1019" class="label">[1019]</a> -49 & 50 Vict. c. 33, sec. 8.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1020" href="#FNanchor_1020" class="label">[1020]</a> -The following colonies have provided a system of registration: Canada, New South -Wales, Victoria, Western Australia, Queensland, South Australia, Natal, Cape of Good -Hope.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1021" href="#FNanchor_1021" class="label">[1021]</a> -Printed as a schedule to 38 & 39 Vict. c. 53.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1022" href="#FNanchor_1022" class="label">[1022]</a> -39 & 40 Vict. c. 36, sec. 152.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1023" href="#FNanchor_1023" class="label">[1023]</a> -38 & 39 Vict. c. 53.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1024" href="#FNanchor_1024" class="label">[1024]</a> -10 & 11 Vict. c. 95.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1025" href="#FNanchor_1025" class="label">[1025]</a> -57 & 58 Vict. (Canada), c. 33.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1026" href="#FNanchor_1026" class="label">[1026]</a> -5 & 6 Vict. c. 45, sec. 17.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1027" href="#FNanchor_1027" class="label">[1027]</a> -<i>Morang</i> v. <i>Publishers</i> (1900), 32 Ont. Rep., 393.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1028" href="#FNanchor_1028" class="label">[1028]</a> -63 & 64 Vict. (Canada), c. 25, known as the Fisher Act.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1029" href="#FNanchor_1029" class="label">[1029]</a> -(1876), 1 Tupp. App. Rep., 436.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1030" href="#FNanchor_1030" class="label">[1030]</a> -5 & 6 Vict. c. 45, sec. 17; 39 & 40 Vict. c. 36, sec. 152.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1031" href="#FNanchor_1031" class="label">[1031]</a> -38 & 39 Vict. c. 53, sec. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1032" href="#FNanchor_1032" class="label">[1032]</a> -The type need not be set in Canada; <i>Frowde</i> v. <i>Parish</i> (1896), 27 Ont. Rep., 526.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1033" href="#FNanchor_1033" class="label">[1033]</a> -38 & 39 Vict. c. 53, schedule, sec. 15.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1034" href="#FNanchor_1034" class="label">[1034]</a> -<i>Anglo-Canadian</i> v. <i>Suckling</i> (1889), 17 Ont. Rep., 239.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1035" href="#FNanchor_1035" class="label">[1035]</a> -63 & 64 Vict. (Canada), c. 25.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1036" href="#FNanchor_1036" class="label">[1036]</a> -5 & 6 Vict. c. 45, sec. 17.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1037" href="#FNanchor_1037" class="label">[1037]</a> -See p. <a href="#Page_146">146</a>, <i>supra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1038" href="#FNanchor_1038" class="label">[1038]</a> -See p. <a href="#Page_167">167</a>, <i>supra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1039" href="#FNanchor_1039" class="label">[1039]</a> -See p. <a href="#Page_161">161</a>, <i>supra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1040" href="#FNanchor_1040" class="label">[1040]</a> -<i>Graves</i> v. <i>Gorrie</i> (1900), 32 Ont. Rep., 266.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1041" href="#FNanchor_1041" class="label">[1041]</a> -See p. <a href="#Page_194">194</a>, <i>infra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1042" href="#FNanchor_1042" class="label">[1042]</a> -<i>Morocco Bound Syndicate</i> v. <i>Harris</i> [1895], 1 Ch., 534.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1043" href="#FNanchor_1043" class="label">[1043]</a> -7 & 8 Vict. c. 12, sec. 19; <i>Boucicault</i> v. <i>Delafield</i> (1863), 1 H. and M., 597.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1044" href="#FNanchor_1044" class="label">[1044]</a> -49 & 50 Vict. c. 33, sec. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1045" href="#FNanchor_1045" class="label">[1045]</a> -See p. <a href="#Page_129">129</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1046" href="#FNanchor_1046" class="label">[1046]</a> -Berne Convention, Arts. 2, 14; 49 & 50 Vict. c. 33, sec. 2 (3); Order in Council, Nov. -28, 1887, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1047" href="#FNanchor_1047" class="label">[1047]</a> -<i>Hanfstaengl</i> v. <i>Empire Palace</i> [1894], 3 Ch., 109.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1048" href="#FNanchor_1048" class="label">[1048]</a> -Additional Act of Paris, Art. I. 1; Berne Convention, Art. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1049" href="#FNanchor_1049" class="label">[1049]</a> -<i>Hanfstaengl</i> v. <i>Empire Palace</i>, <i>ubi supra.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_1050" href="#FNanchor_1050" class="label">[1050]</a> -Additional Act of Paris, Art. I. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1051" href="#FNanchor_1051" class="label">[1051]</a> -Berne Convention, Art. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1052" href="#FNanchor_1052" class="label">[1052]</a> -Additional Act of Paris, I. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1053" href="#FNanchor_1053" class="label">[1053]</a> -Berne Convention, Art. 6; 49 & 50 Vict. c. 33, sec. 5 (3).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1054" href="#FNanchor_1054" class="label">[1054]</a> -Additional Act of Paris, II. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1055" href="#FNanchor_1055" class="label">[1055]</a> -<i>i. e.</i> works delineating the steps in a dance or ballet. Berne Convention, Final Protocol (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1056" href="#FNanchor_1056" class="label">[1056]</a> -49 & 50 Vict. c. 33, sec. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1057" href="#FNanchor_1057" class="label">[1057]</a> -See also Berne Convention, Final Protocol (4); Order in Council, Nov. 28, 1887, sec. 3; -Additional Act of Paris, Art. II. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1058" href="#FNanchor_1058" class="label">[1058]</a> -<i>Lauri</i> v. <i>Renad</i> [1892], 3 Ch., 402.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1059" href="#FNanchor_1059" class="label">[1059]</a> -<i>Hanfstaengl</i> v. <i>Holloway</i> [1893], 2 Q. B., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1060" href="#FNanchor_1060" class="label">[1060]</a> -[1892], 3 Ch., 402.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1061" href="#FNanchor_1061" class="label">[1061]</a> -Berne Convention, Art. 2; 49 & 50 Vict. c. 33, sec. 2 (3).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1062" href="#FNanchor_1062" class="label">[1062]</a> -7 & 8 Vict. c. 12, sec. 6; 49 & 50 Vict. c. 33, sec. 4; Order in Council, Nov. 28, 1887; -<i>Hanfstaengl</i> v. <i>American Tobacco Co.</i> [1895], 1 Q. B., 347.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1063" href="#FNanchor_1063" class="label">[1063]</a> -Berne Convention, Art. 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1064" href="#FNanchor_1064" class="label">[1064]</a> -8 Geo. II. c. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1065" href="#FNanchor_1065" class="label">[1065]</a> -54 Geo. III. c. 56.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1066" href="#FNanchor_1066" class="label">[1066]</a> -7 & 8 Vict. c. 12, sec. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1067" href="#FNanchor_1067" class="label">[1067]</a> -49 & 50 Vict. c. 33, sec. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1068" href="#FNanchor_1068" class="label">[1068]</a> - November 28, 1887.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1069" href="#FNanchor_1069" class="label">[1069]</a> -[1891], 2 Ch., 371.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1070" href="#FNanchor_1070" class="label">[1070]</a> -7 & 8 Vict. c. 12, sec. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1071" href="#FNanchor_1071" class="label">[1071]</a> -Berne Convention, Art. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1072" href="#FNanchor_1072" class="label">[1072]</a> -7 & 8 Vict. c. 12, secs. 3, 4, 5.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1073" href="#FNanchor_1073" class="label">[1073]</a> -[1893], 2 Q. B., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1074" href="#FNanchor_1074" class="label">[1074]</a> -[1895], 1 Q. B., 347.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1075" href="#FNanchor_1075" class="label">[1075]</a> -[1891], 2 Ch., 371.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1076" href="#FNanchor_1076" class="label">[1076]</a> -[1895], 1 Q. B., 347.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1077" href="#FNanchor_1077" class="label">[1077]</a> -[1891], 2 Ch., 371.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1078" href="#FNanchor_1078" class="label">[1078]</a> -(1854), 10 Ex., 203; and see <i>Cassell</i> v. <i>Stiff</i> (1856), 2 K. and J., 279.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1079" href="#FNanchor_1079" class="label">[1079]</a> -Scrutton on "Copyright," 3rd ed., p. 213.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1080" href="#FNanchor_1080" class="label">[1080]</a> -Additional Act of Paris, 1896, Art. II.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1081" href="#FNanchor_1081" class="label">[1081]</a> -Berne Convention, Art. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1082" href="#FNanchor_1082" class="label">[1082]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1083" href="#FNanchor_1083" class="label">[1083]</a> -49 & 50 Vict. sec. 7.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1084" href="#FNanchor_1084" class="label">[1084]</a> -Additional Act of Paris, Art. I. 1; Order in Council, November 28, 1887, sec. 3; 7 & 8 -Vict. c. 12, secs, 2, 3, 4; 49 & 50 Vict. c. 33, sec. 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1085" href="#FNanchor_1085" class="label">[1085]</a> -Berne Convention, Art. 2; Order in Council, November 28, 1887, sec. 3; 49 & 50 Vict. -c. 33, sec. 2 (3).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1086" href="#FNanchor_1086" class="label">[1086]</a> -See also Revenue Act, 1887.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1087" href="#FNanchor_1087" class="label">[1087]</a> -<i>Pitt Pitts</i> v. <i>George</i> [1896], 2 Ch., 866.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1088" href="#FNanchor_1088" class="label">[1088]</a> -[1900], 1 Ch., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1089" href="#FNanchor_1089" class="label">[1089]</a> -49 & 50 Vict. c. 33, sec. 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1090" href="#FNanchor_1090" class="label">[1090]</a> -See <i>Cassell</i> v. <i>Stiff</i> (1856), 2 K. and J., 279.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1091" href="#FNanchor_1091" class="label">[1091]</a> -<i>Per</i> A. L. Smith, J., in <i>Moul</i> v. <i>Groenings</i> [1891], 2 Q. B., 443.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1092" href="#FNanchor_1092" class="label">[1092]</a> -<i>Per</i> A. L. Smith, J., in <i>Moul</i> v. <i>Groenings</i> [1891], 2 Q. B., 443.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1093" href="#FNanchor_1093" class="label">[1093]</a> -<i>Schauer</i> v. <i>Field</i> [1893], 1 Ch., 35; <i>Hanfstaengl</i> v. <i>Holloway</i> [1893], 2 Q. B., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1094" href="#FNanchor_1094" class="label">[1094]</a> -<i>Schauer</i> v. <i>Field</i> [1893], 1 Ch., 35.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1095" href="#FNanchor_1095" class="label">[1095]</a> -<i>Per</i> A. L. Smith, J., in <i>Moul</i> v. <i>Groenings</i> [1891], 2 Q. B., 443; but see <i>Hanfstaengl</i> v. -<i>Holloway</i> [1893], 2 Q. B., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1096" href="#FNanchor_1096" class="label">[1096]</a> -49 & 50 Vict. c. 33, sec. 5 (1); Additional Act of Paris, Art. I. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1097" href="#FNanchor_1097" class="label">[1097]</a> -Berne Convention, Art. 5; <i>cf.</i> 49 & 50 Vict. c. 33, sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1098" href="#FNanchor_1098" class="label">[1098]</a> -Berne Convention, Art. 5.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1099" href="#FNanchor_1099" class="label">[1099]</a> -<i>Wood</i> v. <i>Chart</i> (1870), 10 Eq., 193; <i>Lauri</i> v. <i>Renad</i> [1892], 3 Ch., Kekewich, J., at -p. 414.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1100" href="#FNanchor_1100" class="label">[1100]</a> -<i>Per</i> Sir W. M. James, V. C., in <i>Wood</i> v. <i>Chart</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1101" href="#FNanchor_1101" class="label">[1101]</a> -15 Vict. c. 12, sec. 7; 49 & 50 Vict. c. 33, sec. 5 (4); Additional Act of Paris, Art. -I. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1102" href="#FNanchor_1102" class="label">[1102]</a> -Additional Act of Paris, II. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1103" href="#FNanchor_1103" class="label">[1103]</a> -Berne Convention, Art. 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1104" href="#FNanchor_1104" class="label">[1104]</a> -15 Vict. c. 12, sec. 6; 38 and 39 Vict. c. 12, sec. 1; Order in Council, Nov. 28, 1887, -sec. 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1105" href="#FNanchor_1105" class="label">[1105]</a> -<i>Donaldson</i> v. <i>Becket</i> (1774), 2 Bro. P. C., 129; and see <i>Millar</i> v. <i>Taylor</i> (1769), 4 Burr., -2303; <i>Tonson</i> v. <i>Collins</i> (1760), 1 W. Black., 301, 321.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1106" href="#FNanchor_1106" class="label">[1106]</a> -See <i>Cox</i> v. <i>Land and Water</i> (1869), L. R., 9 Eq., 324; <i>Reade</i> v. <i>Conquest</i> (1861), 9 C. B. -(N. S.), 755; <i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. C., 815.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1107" href="#FNanchor_1107" class="label">[1107]</a> -<i>Beckford</i> v. <i>Hood</i> (1798), 7 T. R., 620.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1108" href="#FNanchor_1108" class="label">[1108]</a> -<i>Platt</i> v. <i>Walter</i> (1867), 17 L. T. (N. S.), 157.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1109" href="#FNanchor_1109" class="label">[1109]</a> -See cases cited in arguments in <i>Tonson</i> v. <i>Collins</i> (1760), 1 W. Black., 301, 321; <i>Donaldson</i> -v. <i>Beckett</i> (1774), 2 Bro. P. C., p. 138; <i>Millar</i> v. <i>Taylor</i> (1769), 4 Burr., 2303; Lord St. -Leonards in <i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. C., at p. 979.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1110" href="#FNanchor_1110" class="label">[1110]</a> -<i>Maxwell</i> v. <i>Hogg</i> (1867), L. R., 2 Ch., 307.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1111" href="#FNanchor_1111" class="label">[1111]</a> -<i>Kelly</i> v. <i>Hutton</i> (1868), L. R., 3 Ch., 703.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1112" href="#FNanchor_1112" class="label">[1112]</a> -<i>Dicks</i> v. <i>Yates</i> (1881), 18 Ch. D., 76.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1113" href="#FNanchor_1113" class="label">[1113]</a> -<i>Licensed Victuallers</i> v. <i>Bingham</i> (1888), 38 Ch. D., 139.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1114" href="#FNanchor_1114" class="label">[1114]</a> -<i>Kelly</i> v. <i>Byles</i> (1879), 40 L. T. (N. S.), 623.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1115" href="#FNanchor_1115" class="label">[1115]</a> -<i>Mack</i> v. <i>Petter</i> (1872), L. R., 14 Eq., 431.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1116" href="#FNanchor_1116" class="label">[1116]</a> -<i>Weldon</i> v. <i>Dicks</i> (1878), 10 Ch. D., 247.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1117" href="#FNanchor_1117" class="label">[1117]</a> -<i>Dicks</i> v. <i>Yates</i> (1881), 18 Ch. D., 76.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1118" href="#FNanchor_1118" class="label">[1118]</a> -18 Ch. D., at p. 89.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1119" href="#FNanchor_1119" class="label">[1119]</a> -<i>Borthwick</i> v. <i>The Evening Post</i> (1888), 37 Ch. D., 449; <i>Bradbury</i> v. <i>Beeton</i> (1869), 39 -L. J. Ch., 57; <i>Clement</i> v. <i>Maddick</i> (1859), 1 Giff., 98.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1120" href="#FNanchor_1120" class="label">[1120]</a> -<i>Kelly</i> v. <i>Hutton</i> (1868), L. R., 3 Ch., 703; <i>Ward</i> v. <i>Beeton</i> (1874), L. R., 19 Eq., 207.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1121" href="#FNanchor_1121" class="label">[1121]</a> -<i>Bradbury</i> v. <i>Dickens</i> (1859), 27 Beav., 53.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1122" href="#FNanchor_1122" class="label">[1122]</a> -(1885), 54 L. J. Ch., 1059.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1123" href="#FNanchor_1123" class="label">[1123]</a> -<i>Maxwell</i> v. <i>Hogg</i> (1867), L. R., 2 Ch., 307; <i>Licensed Victuallers</i> v. <i>Bingham</i> (1888), 38 -Ch. D.; <i>Correspondent News</i> v. <i>Saunders</i> (1865), 11 Jur. (N. S.), 540.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1124" href="#FNanchor_1124" class="label">[1124]</a> -<i>Maxwell</i> v. <i>Hogg</i> (1867), L. R., 2 Ch., 307.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1125" href="#FNanchor_1125" class="label">[1125]</a> -<i>Schove</i> v. <i>Schmincké</i> (1886), 33 Ch. D., 546.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1126" href="#FNanchor_1126" class="label">[1126]</a> -<i>Talbot</i> v. <i>Judges</i> (1887), 3 T. L. R., 398.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1127" href="#FNanchor_1127" class="label">[1127]</a> -<i>Maxwell</i> v. <i>Hogg</i> (1867), L. R., 2 Ch., 307.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1128" href="#FNanchor_1128" class="label">[1128]</a> -<i>Prowett</i> v. <i>Mortimer</i> (1856), 2 Jur. (N. S.), 414.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1129" href="#FNanchor_1129" class="label">[1129]</a> -<i>Borthwick</i> v. <i>Evening Post</i> (1888), 37 Ch. D., 449; <i>Clement</i> v. <i>Maddick</i> (1859), 1 Giff., -98.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1130" href="#FNanchor_1130" class="label">[1130]</a> -<i>Bradbury</i> v. <i>Beeton</i> (1869), 39 L. J. Ch., 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1131" href="#FNanchor_1131" class="label">[1131]</a> -(1803), 8 Ves., 215.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1132" href="#FNanchor_1132" class="label">[1132]</a> -(1824), 3 Sh., 215.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1133" href="#FNanchor_1133" class="label">[1133]</a> -(1855), 2 K. and J., 117.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1134" href="#FNanchor_1134" class="label">[1134]</a> -(1855), 2 K. and J., 123.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1135" href="#FNanchor_1135" class="label">[1135]</a> -(1856), 2 Jur. (N. S.), 414.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1136" href="#FNanchor_1136" class="label">[1136]</a> -(1859), 1 Giff., 98.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1137" href="#FNanchor_1137" class="label">[1137]</a> -(1859), 5 Jur. (N. S.), 947.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1138" href="#FNanchor_1138" class="label">[1138]</a> -(1870), W. N., 268.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1139" href="#FNanchor_1139" class="label">[1139]</a> -(1873), W. N., 93.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1140" href="#FNanchor_1140" class="label">[1140]</a> -(1878), 8 Ch. D., 606.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1141" href="#FNanchor_1141" class="label">[1141]</a> -(1846), 2 Phillips, 154.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1142" href="#FNanchor_1142" class="label">[1142]</a> -(1857), 3 K. and J., 708.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1143" href="#FNanchor_1143" class="label">[1143]</a> -(1869), 39 L. J. Ch., 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1144" href="#FNanchor_1144" class="label">[1144]</a> -(1879), 40 L. T. (N. S.), 623.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1145" href="#FNanchor_1145" class="label">[1145]</a> -(1881), 18 Ch. D., 76.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1146" href="#FNanchor_1146" class="label">[1146]</a> -(1882), 46 L. T. (N. S.), 897.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1147" href="#FNanchor_1147" class="label">[1147]</a> -(1885), 54 L. J. Ch., 1059.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1148" href="#FNanchor_1148" class="label">[1148]</a> -(1888), 37 Ch. D., 449.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1149" href="#FNanchor_1149" class="label">[1149]</a> -<i>Hogg</i> v. <i>Kirby</i> (1803), 8 Ves., 215.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1150" href="#FNanchor_1150" class="label">[1150]</a> -<i>Seeley</i> v. <i>Fisher</i> (1841), 11 Sim., 581.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1151" href="#FNanchor_1151" class="label">[1151]</a> -<i>Carr</i> v. <i>Hood</i> (1808), 1 Camp., 354 <i>n.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_1152" href="#FNanchor_1152" class="label">[1152]</a> -<i>Martin</i> v. <i>Wright</i> (1833), 6 Sim., 297.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1153" href="#FNanchor_1153" class="label">[1153]</a> -<i>Dicks</i> v. <i>Brooks</i> (1880), 15 Ch. D., 22; <i>Ward</i> v. <i>Beeton</i> (1874), L. R., 19 Eq., 207; -<i>Seeley</i> v. <i>Fisher</i> (1841), 11 Sim., 581.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1154" href="#FNanchor_1154" class="label">[1154]</a> -<i>Archbold</i> v. <i>Sweet</i> (1832), 5 C. and P., 219.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1155" href="#FNanchor_1155" class="label">[1155]</a> -(1853), 1 W. R., 345, 11 Hare, 118.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1156" href="#FNanchor_1156" class="label">[1156]</a> -<i>Clark</i> v. <i>Freeman</i> (1848), 11 Beav., 112.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1157" href="#FNanchor_1157" class="label">[1157]</a> -(1832), 5 C. and P., 219.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1158" href="#FNanchor_1158" class="label">[1158]</a> -<i>The Law Times</i>, September 28, 1889.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1159" href="#FNanchor_1159" class="label">[1159]</a> -(1892), 8 T. L. R., 773.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1160" href="#FNanchor_1160" class="label">[1160]</a> -<i>Byron</i> v. <i>Johnston</i> (1816), 2 Meriv., 29.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1161" href="#FNanchor_1161" class="label">[1161]</a> -(1820), 1 Jac. and W., 394.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1162" href="#FNanchor_1162" class="label">[1162]</a> -(1849), 2 De G. and Sm., 652.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1163" href="#FNanchor_1163" class="label">[1163]</a> -(1874), 43 L. J. Ch., 661.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1164" href="#FNanchor_1164" class="label">[1164]</a> -<i>Lamb</i> v. <i>Evans</i> [1893], 1 Ch., 218.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1165" href="#FNanchor_1165" class="label">[1165]</a> -[1892], 2 Ch., 518.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1166" href="#FNanchor_1166" class="label">[1166]</a> -(1895), 11 T. L. R., 515.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1167" href="#FNanchor_1167" class="label">[1167]</a> -[1895], 2 Q. B., 315.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1168" href="#FNanchor_1168" class="label">[1168]</a> -(1894), 11 T. L. R., 4. </p></div> - -<div class="footnote"> - -<p><a id="Footnote_1169" href="#FNanchor_1169" class="label">[1169]</a> -See <i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. C., 815, <i>per</i> Lord Brougham.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1170" href="#FNanchor_1170" class="label">[1170]</a> -(1843), 2 Hare, 383, at p. 393.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1171" href="#FNanchor_1171" class="label">[1171]</a> -(1825), 3 L. J. (O. S.) Ch., 209.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1172" href="#FNanchor_1172" class="label">[1172]</a> -(1849), 2 De G. and Sm., 652.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1173" href="#FNanchor_1173" class="label">[1173]</a> -[1897], 2 Ch., 48. <i>Exchange Telegraph</i> v. <i>Gregory</i> [1896], 1 Q. B., 147.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1174" href="#FNanchor_1174" class="label">[1174]</a> -<i>Abernethy</i> v. <i>Hutchinson</i> (1825), 3 L. J. (O. S.), Ch., 209; <i>Prince Albert</i> v. <i>Strange</i> (1849), -1 M'N. and G., at p. 45.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1175" href="#FNanchor_1175" class="label">[1175]</a> -<i>Bridgman</i> v. <i>Green</i> (1755), 2 Ves. Sen., 627, Wilmot's cases, 58.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1176" href="#FNanchor_1176" class="label">[1176]</a> -<i>Morison</i> v. <i>Moat</i> (1851), 9 Hare, 241.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1177" href="#FNanchor_1177" class="label">[1177]</a> -<i>Barfield</i> v. <i>Nicholson</i> (1824), 2 Sim. and Stu., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1178" href="#FNanchor_1178" class="label">[1178]</a> -<i>Tuck & Sons</i> v. <i>Priester</i> (1887), 19 Q. B. D., 629; <i>Pollard</i> v. <i>Photo. Co.</i> (1888), 40 Ch. -D., 345.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1179" href="#FNanchor_1179" class="label">[1179]</a> -(1887), 12 A. C., at p. 337.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1180" href="#FNanchor_1180" class="label">[1180]</a> -(1774), 2 Bro. P. C., 129; 4 Burr., 2408; <i>Millar</i> v. <i>Taylor</i> (1769), 4 Burr., 2303; -<i>Forrester</i> v. <i>Walker</i> (1741), 4 Burr., 2331; <i>Duke of Queensberry</i> v. <i>Shebbeare</i> (1758), 2 Ed., -Cha. Cas., 329; 4 Burr., 2330; <i>Webb</i> v. <i>Rose</i> (1732), Amb. 694; <i>Pope</i> v. <i>Curl</i> (1741), -2 Atk., 342.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1181" href="#FNanchor_1181" class="label">[1181]</a> -(1849), 1 M'N. and G., 25.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1182" href="#FNanchor_1182" class="label">[1182]</a> -<i>Millar</i> v. <i>Taylor</i>, Yates, J., 4 Burr, at p. 2379; and see <i>Tonson</i> v. <i>Walker</i> (1752), -3 Swanst., 672; <i>Prince Albert</i> v. <i>Strange</i> (1849), 2 De G. and Sm., 652, at p. 691, 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1183" href="#FNanchor_1183" class="label">[1183]</a> -2 De G. and Sm., p. 693.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1184" href="#FNanchor_1184" class="label">[1184]</a> -2 De G. and Sm., at p. 697.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1185" href="#FNanchor_1185" class="label">[1185]</a> -(1769), 4 Burr., 2303, at p. 2379.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1186" href="#FNanchor_1186" class="label">[1186]</a> -<i>Jefferys</i> v. <i>Boosey</i> (1854), 4 H. L. C., 815; <i>Caird</i> v. <i>Sime</i> (1887), 12 A. C., at p. 343.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1187" href="#FNanchor_1187" class="label">[1187]</a> -<i>Abernethy</i> v. <i>Hutchinson</i> (1825), 3 L. J. (O. S.), Ch., 209. See p. <a href="#Page_37">37</a>, <i>supra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1188" href="#FNanchor_1188" class="label">[1188]</a> -(1770), Amb., 694.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1189" href="#FNanchor_1189" class="label">[1189]</a> -(1825), 3 L. J. (O. S.), Ch., 209.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1190" href="#FNanchor_1190" class="label">[1190]</a> -(1884), 26 Ch. D., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1191" href="#FNanchor_1191" class="label">[1191]</a> -(1887), 12 A. C., 326.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1192" href="#FNanchor_1192" class="label">[1192]</a> -See <i>Pope</i> v. <i>Curl</i> (1741), 2 Atk., 342.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1193" href="#FNanchor_1193" class="label">[1193]</a> -12 A. C., at p. 338.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1194" href="#FNanchor_1194" class="label">[1194]</a> -<i>Prince Albert</i> v. <i>Strange</i> (1849), 1 M'N. and G., 25; and see <i>Mayall</i> v. <i>Higbey</i> (1862), -1 H. and C., 148.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1195" href="#FNanchor_1195" class="label">[1195]</a> -<i>Southey</i> v. <i>Sherwood</i> (1817), 2 Mer., 435.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1196" href="#FNanchor_1196" class="label">[1196]</a> -<i>Southey</i> v. <i>Sherwood</i> (1817), 2 Mer., 435; and see cases as to publication of private -letters, p. 225.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1197" href="#FNanchor_1197" class="label">[1197]</a> -<i>Prince Albert</i> v. <i>Strange</i> (1849), 2 De G. and Sm., at p. 697.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1198" href="#FNanchor_1198" class="label">[1198]</a> -<i>Southey</i> v. <i>Sherwood</i> (1817), 2 Mer., 435.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1199" href="#FNanchor_1199" class="label">[1199]</a> -<i>Prince Albert</i> v. <i>Strange</i> (1849), 2 De G. and Sm., at p. 688.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1200" href="#FNanchor_1200" class="label">[1200]</a> -(1825), 3 L. J. (O. S.). Ch., 209.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1201" href="#FNanchor_1201" class="label">[1201]</a> -(1884), 26 Ch. D., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1202" href="#FNanchor_1202" class="label">[1202]</a> -(1825), 3 L. J. (O. S.), Ch., 209.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1203" href="#FNanchor_1203" class="label">[1203]</a> -See p. 57, <i>supra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1204" href="#FNanchor_1204" class="label">[1204]</a> -<i>Perceval</i> v. <i>Phipps</i> (1813), 2 V. and B., 19.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1205" href="#FNanchor_1205" class="label">[1205]</a> -<i>Pope</i> v. <i>Curl</i> (1741), 2 Atk., 342; <i>Thompson</i> v. <i>Stanhope</i> (1774), Amb., 737; <i>Granard</i> -v. <i>Dunkin</i> (1809), 1 Ball and B., 207; <i>Gee</i> v. <i>Pritchard</i> (1818), 2 Swanst., 402; <i>Palin</i> v. -<i>Gathercole</i> (1844), 1 Coll., 565.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1206" href="#FNanchor_1206" class="label">[1206]</a> -<i>Gee</i> v. <i>Pritchard</i> (1818), 2 Swanst., 402.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1207" href="#FNanchor_1207" class="label">[1207]</a> -<i>Howard</i> v. <i>Gunn</i> (1863), 32 Beav., 462.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1208" href="#FNanchor_1208" class="label">[1208]</a> -<i>Oliver</i> v. <i>Oliver</i> (1861), 11 C. B. (N. S.), 139.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1209" href="#FNanchor_1209" class="label">[1209]</a> -<i>Gee</i> v. <i>Pritchard</i> (1818), 2 Swanst., 402.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1210" href="#FNanchor_1210" class="label">[1210]</a> -<i>Lytton</i> v. <i>Devey</i> (1884), 52 L. T. (N. S.), 121.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1211" href="#FNanchor_1211" class="label">[1211]</a> -<i>Gee</i> v. <i>Pritchard</i> (1818), 2 Swanst., 402.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1212" href="#FNanchor_1212" class="label">[1212]</a> - <i>Thompson</i> v. <i>Stanhope</i> (1774), Amb., 737; <i>Lytton</i> v. <i>Devey</i> (1884), 52 L. T. (N. S.), 121.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1213" href="#FNanchor_1213" class="label">[1213]</a> -<i>Perceval</i> v. <i>Phipps</i> (1813), 2 V. and B., 19.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1214" href="#FNanchor_1214" class="label">[1214]</a> -<i>Perceval</i> v. <i>Phipps</i> (1813), 2 V. and B., 19; <i>Gee</i> v. <i>Pritchard</i> (1818), 2 Swan., 402; -<i>Palin</i> v. <i>Gathercole</i> (1844), 1 Coll., 565; <i>Lytton</i> v. <i>Devey</i> (1884), 52 L. T. (N. S.), 121.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1215" href="#FNanchor_1215" class="label">[1215]</a> -<i>Hole</i> v. <i>Bradbury</i> (1879), 12 Ch. D., 886; <i>Stevens</i> v. <i>Beaming</i> (1855), 1 K. and J., 168; -<i>Reade</i> v. <i>Bentley</i> (1857), 3 K. and J., 271.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1216" href="#FNanchor_1216" class="label">[1216]</a> -<i>Hole</i> v. <i>Bradbury</i> (1879), 12 Ch. D., 886.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1217" href="#FNanchor_1217" class="label">[1217]</a> -<i>Griffith</i> v. <i>Tower Publishing</i> [1897], 1 Ch., 21.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1218" href="#FNanchor_1218" class="label">[1218]</a> -<i>Gibson</i> v. <i>Carruthers</i> (1841), 8 M. and W., 321, at pp. 343, 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1219" href="#FNanchor_1219" class="label">[1219]</a> -<i>Gale</i> v. <i>Leckie</i> (1817), 2 Stark, N. P., 107.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1220" href="#FNanchor_1220" class="label">[1220]</a> -<i>Gibson</i> v. <i>Carruthers</i> (1841), 8 M. and W., 321, at pp. 343, 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1221" href="#FNanchor_1221" class="label">[1221]</a> -<i>Marshall</i> v. <i>Broadhurst</i> (1831), 1 Tyr., 348, at p. 349.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1222" href="#FNanchor_1222" class="label">[1222]</a> -<i>Clarke</i> v. <i>Price</i> (1819), 2 Wills, C. C., 157; and see <i>Whitwood</i> v. <i>Hardman</i> [1891], -2 Ch., 416.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1223" href="#FNanchor_1223" class="label">[1223]</a> -<i>Gale</i> v. <i>Leckie</i> (1817), 2 Stark, 107.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1224" href="#FNanchor_1224" class="label">[1224]</a> -<i>Morris</i> v. <i>Colman</i> (1812), 18 Ves., 437; <i>Stiff</i> v. <i>Cassell</i> (1856), 2 Jur. (N. S.), 348.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1225" href="#FNanchor_1225" class="label">[1225]</a> -<i>Thombleson</i> v. <i>Black</i> (1837), 1 Jur., 198.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1226" href="#FNanchor_1226" class="label">[1226]</a> -<i>Paton</i> v. <i>Duncan</i> (1828), 3 C. and P., 336.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1227" href="#FNanchor_1227" class="label">[1227]</a> -<i>Planché</i> v. <i>Colburn</i> (1831), 5 C. and P., 58.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1228" href="#FNanchor_1228" class="label">[1228]</a> -<i>Warne</i> v. <i>Routledge</i> (1874), L. R., 18 Eq., 497.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1229" href="#FNanchor_1229" class="label">[1229]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1230" href="#FNanchor_1230" class="label">[1230]</a> -<i>Reade</i> v. <i>Bentley</i> (1857), 3 K. and J., 271.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1231" href="#FNanchor_1231" class="label">[1231]</a> -<i>Morris</i> v. <i>Colman</i> (1812), 18 Ves., 437; <i>Stiff</i> v. <i>Cassell</i> (1856), 2 Jur. (N. S.), 348.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1232" href="#FNanchor_1232" class="label">[1232]</a> -<i>Anstruther</i> v. <i>Bentley</i> (1866), 14 W. R., 630.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1233" href="#FNanchor_1233" class="label">[1233]</a> -<i>Ward</i> v. <i>Beeton</i> (1874), L. R., 19 Eq., 207.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1234" href="#FNanchor_1234" class="label">[1234]</a> -<i>Rooney</i> v. <i>Kelly</i> (1861), 14 Ir. C. L. R., 158, at p. 178.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1235" href="#FNanchor_1235" class="label">[1235]</a> -<i>Barfield</i> v. <i>Nicholson</i> (1824), 2 Sim. and Stu., 2; see <i>Brooke</i> v. <i>Chitty</i> (1831), 2 Coop. -Cas., 216; <i>Blackie</i> v. <i>Aikman</i> (1827), 5 S., 719.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1236" href="#FNanchor_1236" class="label">[1236]</a> -See <i>Hogg</i> v. <i>Kirby</i> (1803), 8 Ves., 215, at p. 222.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1237" href="#FNanchor_1237" class="label">[1237]</a> -<i>Reade</i> v. <i>Bentley</i> (1857), 3 K. and J., 271.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1238" href="#FNanchor_1238" class="label">[1238]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1239" href="#FNanchor_1239" class="label">[1239]</a> -See <i>Constable</i> v. <i>Brewster</i> (1824), 3 S., 215; <i>Kelly</i> v. <i>Hutton</i> (1868), L. R., 3 Ch., 703; -<i>Platt</i> v. <i>Walter</i> (1867), 17 L. T. (N. S.), 157.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1240" href="#FNanchor_1240" class="label">[1240]</a> -<i>Johnson</i> v. <i>Egan</i> (1880), 24 Sol. J., 572.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1241" href="#FNanchor_1241" class="label">[1241]</a> -<i>Shackell</i> v. <i>Rosier</i> (1836), 2 Bing., N. C., 634.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1242" href="#FNanchor_1242" class="label">[1242]</a> -<i>Sweet</i> v. <i>Lee</i> (1841), 3 Man. and Gr., 452; see <i>Mavor</i> v. <i>Pyne</i> (1825), 3 Bing., 285; <i>Boydell</i> -v. <i>Drummond</i> (1809), 11 East., 142.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1243" href="#FNanchor_1243" class="label">[1243]</a> -54 & 55 Vict. c. 39.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1244" href="#FNanchor_1244" class="label">[1244]</a> -5 & 6 Vict. c. 45, sec. 13.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1245" href="#FNanchor_1245" class="label">[1245]</a> -<i>Blake</i> v. <i>Nicholson</i> (1814), 3 M. and S., 167.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1246" href="#FNanchor_1246" class="label">[1246]</a> -<i>Bleaden</i> v. <i>Hancock</i> (1829), 4 C. and P., 152.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1247" href="#FNanchor_1247" class="label">[1247]</a> -2 & 3 Vict. c. 12, sec. 2; and Newspapers, Printers, and Reading Rooms Repeal Act, -1869; 32 & 33 Vict. c. 24.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1248" href="#FNanchor_1248" class="label">[1248]</a> -<i>Bensley</i> v. <i>Bignold</i> (1822), 5 B. and Ald., 335; <i>Marchant</i> v. <i>Evans</i> (1818), 2 Moore, 14; -see <i>Houston</i> v. <i>Mills</i> (1834), 1 M. and Rob., 325.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1249" href="#FNanchor_1249" class="label">[1249]</a> -<i>Gillett</i> v. <i>Mawman</i> (1808), 1 Taunt., 140.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1250" href="#FNanchor_1250" class="label">[1250]</a> -<i>Gillett</i> v. <i>Mawman</i> (1808), 1 Taunt., 140; <i>Mawman</i> v. <i>Gillett</i> (1809), 2 Taunt., 325.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1251" href="#FNanchor_1251" class="label">[1251]</a> -<i>Poplett</i> v. <i>Stockdale</i> (1825), Ry. and M., 337.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1252" href="#FNanchor_1252" class="label">[1252]</a> -<i>Clay</i> v. <i>Yates</i> (1856), 1 H. and N., 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1253" href="#FNanchor_1253" class="label">[1253]</a> -See p. <a href="#Page_247">247</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1254" href="#FNanchor_1254" class="label">[1254]</a> -See pp. 250-264.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1255" href="#FNanchor_1255" class="label">[1255]</a> -See p. <a href="#Page_266">266</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1256" href="#FNanchor_1256" class="label">[1256]</a> -<i>Bullinger</i> v. <i>MacKay</i> (1879), 15 Blatchf., 550; <i>Clayton</i> v. <i>Stone</i> (1828), 2 Paine, -382; <i>Brightley</i> v. <i>Littleton</i> (1888), 37 Fed. Rep., 103.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1257" href="#FNanchor_1257" class="label">[1257]</a> -<i>Clayton</i> v. <i>Stone</i> (1828), 2 Paine, 382; <i>Baker</i> v. <i>Selden</i> (1879), 101 U. S. Rep., 99; -<i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., 591.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1258" href="#FNanchor_1258" class="label">[1258]</a> -(1828), 2 Paine, 382.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1259" href="#FNanchor_1259" class="label">[1259]</a> -(1888), 37 Fed. Rep., 103.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1260" href="#FNanchor_1260" class="label">[1260]</a> -(1896), 75 Fed. Rep., 703.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1261" href="#FNanchor_1261" class="label">[1261]</a> -[1893], 1 Ch., 218 (headings in trades directory).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1262" href="#FNanchor_1262" class="label">[1262]</a> -[1894], A. C., 335 (circular tours in time-tables).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1263" href="#FNanchor_1263" class="label">[1263]</a> -(1897), 53 U. S. App., 461.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1264" href="#FNanchor_1264" class="label">[1264]</a> -[1900], A. C., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1265" href="#FNanchor_1265" class="label">[1265]</a> -(1897), 53 U. S. App., 461.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1266" href="#FNanchor_1266" class="label">[1266]</a> -(1882), 21 Ch. D., 369.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1267" href="#FNanchor_1267" class="label">[1267]</a> -(1879), 101 U. S. Rep., 99.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1268" href="#FNanchor_1268" class="label">[1268]</a> -(1872), L. R., 14 Eq., 407.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1269" href="#FNanchor_1269" class="label">[1269]</a> -(1883), 21 Ch. D., 369.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1270" href="#FNanchor_1270" class="label">[1270]</a> -(1828), 2 Paine, 382.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1271" href="#FNanchor_1271" class="label">[1271]</a> -(1897), 53 U. S. App., 461.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1272" href="#FNanchor_1272" class="label">[1272]</a> -(1828), 2 Paine, 382.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1273" href="#FNanchor_1273" class="label">[1273]</a> -(1879), 101 U. S. Rep., 99.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1274" href="#FNanchor_1274" class="label">[1274]</a> -<i>Bullinger</i> v. <i>MacKay</i> (1879), 15 Blatchf., 550.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1275" href="#FNanchor_1275" class="label">[1275]</a> -<i>Chils</i> v. <i>Gronland</i> (1890), 41 Fed. Rep., 145.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1276" href="#FNanchor_1276" class="label">[1276]</a> -(1896), 75 Fed. Rep., 703.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1277" href="#FNanchor_1277" class="label">[1277]</a> -(1828), 2 Paine, 382.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1278" href="#FNanchor_1278" class="label">[1278]</a> -<i>Mott</i> v. <i>Clow</i> (1897), 53 U. S. App., 461.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1279" href="#FNanchor_1279" class="label">[1279]</a> -<i>Egbert</i> v. <i>Greenberg</i> (1900), 100 Fed. Rep., 447.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1280" href="#FNanchor_1280" class="label">[1280]</a> -<i>American Trotting</i> v. <i>Gocher</i> (1895), 70 Fed. Rep., 237.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1281" href="#FNanchor_1281" class="label">[1281]</a> -(1888), 37 Fed. Rep., 103.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1282" href="#FNanchor_1282" class="label">[1282]</a> -(1893), 57 Fed. Rep., 979.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1283" href="#FNanchor_1283" class="label">[1283]</a> -<i>Mutual Advertising Co.</i> v. <i>Refo</i> (1896), 76 Fed. Rep., 961.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1284" href="#FNanchor_1284" class="label">[1284]</a> -76 Fed. Rep., at p. 963.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1285" href="#FNanchor_1285" class="label">[1285]</a> -<i>Aronson</i> v. <i>Fleckenstein</i> (1886), 28 Fed. Rep., 75; <i>Daly</i> v. <i>Webster</i> (1892), 1 U. S. App., -573; <i>Henderson</i> v. <i>Tompkins</i> (1894), 60 Fed. Rep., 758.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1286" href="#FNanchor_1286" class="label">[1286]</a> -(1894), 60 Fed. Rep., 758.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1287" href="#FNanchor_1287" class="label">[1287]</a> -<i>Callaghan</i> v. <i>Myers</i> (1888), 128 U. S. Rep., 617; <i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., -591; <i>Little</i> v. <i>Hall</i> (1855), 18 How., 165; <i>Gould</i> v. <i>Banks</i> (1832), 8 Wend., 562; <i>Heine</i> v. -<i>Appleton</i> (1853), 4 Blatchf., 125; <i>Cowen</i> v. <i>Banks</i> (1862), 24 How. Pr., 72.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1288" href="#FNanchor_1288" class="label">[1288]</a> -<i>Callaghan</i> v. <i>Myers</i> (1888), 128 U. S. Rep., 617.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1289" href="#FNanchor_1289" class="label">[1289]</a> -<i>Connecticut</i> v. <i>Gould</i> (1888), 34 Fed. Rep., 319; <i>Gray</i> v. <i>Russell</i> (1839), 1 Story, 11; -<i>West</i> v. <i>Lawyers</i> (1896), 51 U. S. App., 216, 64 Fed. Rep., 360.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1290" href="#FNanchor_1290" class="label">[1290]</a> -<i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., 591; <i>Nash</i> v. <i>Lathrop</i> (1886), 142 Mass., 29.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1291" href="#FNanchor_1291" class="label">[1291]</a> -<i>Banks</i> v. <i>Manchester</i> (1888), 128 U. S. Rep., 244; <i>Chase</i> v. <i>Sanborn</i> (1874), 4 Cliff., -306.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1292" href="#FNanchor_1292" class="label">[1292]</a> -<i>Davidson</i> v. <i>Wheelock</i> (1886), 27 Fed. Rep., 61; <i>Banks</i> v. <i>M'Divitt</i> (1875), 13 Blatchf., -163; <i>Howell</i> v. <i>Miller</i> (1898), 91 Fed. Rep., 129.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1293" href="#FNanchor_1293" class="label">[1293]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1294" href="#FNanchor_1294" class="label">[1294]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1295" href="#FNanchor_1295" class="label">[1295]</a> -<i>Emerson</i> v. <i>Davis</i> (1845), 3 Story, 768; <i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1; <i>Black</i> v. -<i>Allen</i> (1893), 56 Fed. Rep. 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1296" href="#FNanchor_1296" class="label">[1296]</a> -<i>Brightley</i> v. <i>Littleton</i> (1888), 37 Fed. Rep., 103; <i>Gray</i> v. <i>Russell</i> (1839), 1 Story, 11; -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., at p. 79; <i>Mead</i> v. <i>West</i> (1896), 80 Fed. Rep., 380.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1297" href="#FNanchor_1297" class="label">[1297]</a> -<i>Emerson</i> v. <i>Davis</i> (1845), 3 Story, 768.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1298" href="#FNanchor_1298" class="label">[1298]</a> -<i>Emerson</i> v. <i>Davis</i> (1845), 3 Story, at p. 780; <i>Shook</i> v. <i>Rankin</i> (1875), 6 Biss., 477.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1299" href="#FNanchor_1299" class="label">[1299]</a> -<i>Aronson</i> v. <i>Fleckenstein</i> (1886), 28 Fed. Rep., 75.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1300" href="#FNanchor_1300" class="label">[1300]</a> -<i>Boucicault</i> v. <i>Fox</i> (1862), 5 Blatchf., 87, at p. 100.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1301" href="#FNanchor_1301" class="label">[1301]</a> -<i>Jollie</i> v. <i>Jacques</i> (1850), 1 Blatchf., 618. See <i>Reed</i> v. <i>Carusi</i> (1845), 8 L. R., 411; 72 -Fed. Cas., No. 11,642.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1302" href="#FNanchor_1302" class="label">[1302]</a> -(1883), 14 Fed. Rep., 849.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1303" href="#FNanchor_1303" class="label">[1303]</a> -(1886), 27 Fed. Rep., 861.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1304" href="#FNanchor_1304" class="label">[1304]</a> -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1; <i>Gray</i> v. <i>Russell</i> (1839), 1 Story, 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1305" href="#FNanchor_1305" class="label">[1305]</a> -<i>Snow</i> v. <i>Laird</i> (1900), 98 Fed. Rep., 813.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1306" href="#FNanchor_1306" class="label">[1306]</a> -<i>Clayton</i> v. <i>Stone</i> (1828), 2 Paine, 382; <i>Brightley</i> v. <i>Littleton</i> (1888), 37 Fed. Rep., 103; -<i>Mott</i> v. <i>Clow</i> (1897), 53 U. S. App., 461.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1307" href="#FNanchor_1307" class="label">[1307]</a> -<i>Clayton</i> v. <i>Stone</i> (1828), 2 Paine, 382; <i>Drury</i> v. <i>Ewing</i> (1862), 1 Bond, 541.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1308" href="#FNanchor_1308" class="label">[1308]</a> -(1897), 53 U. S. App., 449.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1309" href="#FNanchor_1309" class="label">[1309]</a> -(1879), 101 U. S. Rep., 99.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1310" href="#FNanchor_1310" class="label">[1310]</a> -101 U. S. Rep., at p. 105.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1311" href="#FNanchor_1311" class="label">[1311]</a> -(1862), 1 Bond, 541.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1312" href="#FNanchor_1312" class="label">[1312]</a> -<i>Coffeen</i> v. <i>Brunton</i> (1849), 4 M'Lean, 516; <i>Scoville</i> v. <i>Toland</i> (1848), 6 West Law, J., -84.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1313" href="#FNanchor_1313" class="label">[1313]</a> -Rev. St., sec. 4952.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1314" href="#FNanchor_1314" class="label">[1314]</a> -<i>Greene</i> v. <i>Bishop</i> (1858), 1 Cliff., 186; <i>Gray</i> v. <i>Russell</i> (1839), 1 Story, 11; <i>Emerson</i> v. -<i>Davis</i> (1845), 3 Story, 768.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1315" href="#FNanchor_1315" class="label">[1315]</a> -<i>Gray</i> v. <i>Russell</i> (1839), 1 Story, 11; <i>Bullinger</i> v. <i>MacKay</i> (1879), 15 Blatchf., -550; <i>Brightley</i> v. <i>Littleton</i> (1888), 37 Fed. Rep., 103; <i>Johnson</i> v. <i>Donaldson</i> (1880), 3 Fed. -Rep., 22.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1316" href="#FNanchor_1316" class="label">[1316]</a> -(1841), 2 Story, 100.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1317" href="#FNanchor_1317" class="label">[1317]</a> -<i>Isaacs</i> v. <i>Daly</i> (1875), 39 N. Y., 511; <i>Osgood</i> v. <i>Allen</i> (1872), 1 Holmes, 185; <i>Corbett</i> -v. <i>Purday</i> (1897), 80 Fed. Rep., 901; <i>Jollie</i> v. <i>Jacques</i> (1850), 1 Blatchf., 618.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1318" href="#FNanchor_1318" class="label">[1318]</a> -<i>Osgood</i> v. <i>Allen</i> (1872), 1 Holmes, 185; see <i>Roberts</i> v. <i>Myers</i> (1860), 13 L. R. (Mass.), -398; <i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1319" href="#FNanchor_1319" class="label">[1319]</a> -<i>Isaacs</i> v. <i>Daly</i> (1875), 39 N. Y., 511.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1320" href="#FNanchor_1320" class="label">[1320]</a> -Rev. St., secs. 4937-4947.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1321" href="#FNanchor_1321" class="label">[1321]</a> -<i>Wood</i> v. <i>Abbott</i> (1866), 5 Blatchf., 325.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1322" href="#FNanchor_1322" class="label">[1322]</a> -<i>Schreiber</i> v. <i>Thornton</i> (1883), 17 Fed. Rep., 603; <i>Burrow-Giles</i> v. <i>Sarony</i> (1884), 111 -U. S. Rep., 53; <i>Falk</i> v. <i>Gast</i> (1891), 48 Fed. Rep., 262; <i>Falk</i> v. <i>Brett</i> (1891), 48 Fed. Rep., -678; <i>Bolles</i> v. <i>Outing</i> (1899), 175 U. S. Rep., 262; 77 Fed. Rep., 966.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1323" href="#FNanchor_1323" class="label">[1323]</a> -<i>Bolles</i> v. <i>Outing</i> (1899), 175 U. S. Rep., 262; 77 Fed. Rep., 966.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1324" href="#FNanchor_1324" class="label">[1324]</a> -<i>Falk</i> v. <i>Gast</i> (1891), 48 Fed. Rep., 262; <i>Falk</i> v. <i>Brett</i> (1891), 48 Fed. Rep., 678; <i>Falk</i> -v. <i>Donaldson</i> (1893), 57 Fed. Rep., 32.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1325" href="#FNanchor_1325" class="label">[1325]</a> -<i>Bolles</i> v. <i>Outing</i> (1899), 175 U. S. Rep., 262; 77 Fed. Rep., 966.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1326" href="#FNanchor_1326" class="label">[1326]</a> -<i>Snow</i> v. <i>Laird</i> (1900), 98 Fed. Rep., 813.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1327" href="#FNanchor_1327" class="label">[1327]</a> -<i>Binns</i> v. <i>Woodruff</i> (1821), 4 Wash. C. Ct., 48; <i>Ehret</i> v. <i>Pierce</i> (1880), 18 Blatchf. 302.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1328" href="#FNanchor_1328" class="label">[1328]</a> -<i>Mott</i> v. <i>Clow</i> (1897), 53 U. S. App., 461.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1329" href="#FNanchor_1329" class="label">[1329]</a> -<i>Collender</i> v. <i>Griffith</i> (1878), 11 Blatchf., 212.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1330" href="#FNanchor_1330" class="label">[1330]</a> -<i>Ehret</i> v. <i>Pierce</i> (1880), 18 Blatchf., 302.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1331" href="#FNanchor_1331" class="label">[1331]</a> -<i>Courier</i> v. <i>Donaldson</i> (1900), 104 Fed. Rep., 993; <i>Bleistein</i> v. <i>Donaldson</i> (1899), 98 -Fed. Rep., 608.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1332" href="#FNanchor_1332" class="label">[1332]</a> -<i>Yuengling</i> v. <i>Schile</i> (1882), 12 Fed. Rep., 97.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1333" href="#FNanchor_1333" class="label">[1333]</a> -<i>Richardson</i> v. <i>Miller</i> (1877), 3 L. and Eq. Rep. (Am.), 614.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1334" href="#FNanchor_1334" class="label">[1334]</a> -(1888), 35 Fed. Rep., 210.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1335" href="#FNanchor_1335" class="label">[1335]</a> -<i>Coffeen</i> v. <i>Brunton</i> (1849), 4 M'L., 516; <i>Higgins</i> v. <i>Keuffel</i> (1891), 140 U. S. Rep., 428.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1336" href="#FNanchor_1336" class="label">[1336]</a> -<i>Schumacher</i> v. <i>Schwencke</i> (1885), 23 Blatchf., 373; 25 Fed. Rep., 466.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1337" href="#FNanchor_1337" class="label">[1337]</a> -<i>Rosenbach</i> v. <i>Dreyfuss</i> (1880), 2 Fed. Rep., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1338" href="#FNanchor_1338" class="label">[1338]</a> -<i>Yuengling</i> v. <i>Schile</i> (1882), 12 Fed. Rep., 97, 102.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1339" href="#FNanchor_1339" class="label">[1339]</a> -See <i>Yuengling</i> v. <i>Schile</i> (1882), 12 Fed. Rep., at p. 102.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1340" href="#FNanchor_1340" class="label">[1340]</a> -<i>Boucicault</i> v. <i>Wood</i> (1867), 2 Biss., 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1341" href="#FNanchor_1341" class="label">[1341]</a> -Act of March 3, 1891, sec. 3, amending Revised Statutes, sec. 4956.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1342" href="#FNanchor_1342" class="label">[1342]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1343" href="#FNanchor_1343" class="label">[1343]</a> -Act of March 3, 1891, amending Revised Statutes, sec. 4959.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1344" href="#FNanchor_1344" class="label">[1344]</a> -Act of March 3, 1891, sec. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1345" href="#FNanchor_1345" class="label">[1345]</a> -<i>Jollie</i> v. <i>Jacques</i> (1850), 1 Blatchf., 618; <i>Struve</i> v. <i>Schwedler</i> (1857), 4 Blatchf., 23; -<i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., 591; <i>Chase</i> v. <i>Sanborne</i> (1874), 4 Cliff., 306; <i>Merrell</i> v. -<i>Tice</i> (1881), 104 U. S. Rep., 557; <i>Baker</i> v. <i>Taylor</i> (1848), 2 Blatchf., 82; <i>Carte</i> v. <i>Evans</i> (1886), -27 Fed. Rep., 861; <i>Thompson</i> v. <i>Hubbard</i> (1888), 131 U. S. Rep., 123; <i>Callaghan</i> v. <i>Myers</i> -(1888), 128 U. S. Rep., 617; <i>Parkinson</i> v. <i>Lascelle</i> (1875), 3 Sawyer, 330; <i>Boucicault</i> v. <i>Hart</i> -(1875), 13 Blatchf., 47; <i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1; <i>Ewer</i> v. <i>Coxe</i> (1824), 4 Wash. -C. Ct., 487.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1346" href="#FNanchor_1346" class="label">[1346]</a> -<i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., 591; <i>Merrell</i> v. <i>Tice</i> (1881), 104 U. S. Rep., 557; -<i>Banks</i> v. <i>Manchester</i> (1888), 128 U. S., 244; <i>West</i> v. <i>Lawyers</i> (1896), 64 Fed. Rep., 360.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1347" href="#FNanchor_1347" class="label">[1347]</a> -<i>Osgood</i> v. <i>Aloe</i> (1897), 83 Fed. Rep., 470.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1348" href="#FNanchor_1348" class="label">[1348]</a> -<i>Chicago</i> v. <i>Butler</i> (1884), 19 Fed. Rep., 758; <i>Parkinson</i> v. <i>Lascelle</i> (1875), 3 Sawyer, -330; <i>Merrell</i> v. <i>Tice</i> (1881), 104 U. S., Rep., 557.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1349" href="#FNanchor_1349" class="label">[1349]</a> -<i>Osgood</i> v. <i>Aloe</i> (1897), 83 Fed. Rep., 470.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1350" href="#FNanchor_1350" class="label">[1350]</a> -<i>Chase</i> v. <i>Sanborne</i> (1874), 4 Cliff., 306.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1351" href="#FNanchor_1351" class="label">[1351]</a> -<i>Chapman</i> v. <i>Ferry</i> (1883), 18 Fed. Rep., 539.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1352" href="#FNanchor_1352" class="label">[1352]</a> -<i>Jewellers'</i> v. <i>Jewellers'</i> (1898), 84 Hun., 12; 155 N. Y., 241; see <i>Scribner</i> v. <i>Allen</i> -(1892), 49 Fed. Rep., 854; <i>Boucicault</i> v. <i>Hart</i> (1875), 13 Blatchf., 47.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1353" href="#FNanchor_1353" class="label">[1353]</a> -<i>Falk</i> v. <i>Gast</i> (1891), 48 Fed. Rep., 262.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1354" href="#FNanchor_1354" class="label">[1354]</a> -(1882), 20 Blatchf., 381.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1355" href="#FNanchor_1355" class="label">[1355]</a> -<i>Carte</i> v. <i>Evans</i> (1886), 27 Fed. Rep., 681.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1356" href="#FNanchor_1356" class="label">[1356]</a> -(1893), 56 Fed. Rep., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1357" href="#FNanchor_1357" class="label">[1357]</a> -(1889), 39 Fed. Rep., 265.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1358" href="#FNanchor_1358" class="label">[1358]</a> -(1892), 1 U. S. App., 573.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1359" href="#FNanchor_1359" class="label">[1359]</a> -<i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1360" href="#FNanchor_1360" class="label">[1360]</a> -<i>Bennett</i> v. <i>Carr</i> (1899), 96 Fed. Rep., 213.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1361" href="#FNanchor_1361" class="label">[1361]</a> -<i>Belford</i> v. <i>Scribner</i> (1892), 144 U. S. Rep., 488; <i>Chapman</i> v. <i>Ferry</i> (1883), 18 Fed. -Rep., 539; <i>Falk</i> v. <i>Donaldson</i> (1893), 57 Fed. Rep., 32.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1362" href="#FNanchor_1362" class="label">[1362]</a> -<i>Osgood</i> v. <i>Aloe</i> (1897), 72 Off. Gaz., 418.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1363" href="#FNanchor_1363" class="label">[1363]</a> -<i>Callaghan</i> v. <i>Myers</i> (1888), 128 U. S. Rep., at p. 655; <i>Belford</i> v. <i>Scribner</i> (1892), 144 -U. S. Rep., 488; <i>Merrell</i> v. <i>Tice</i> (1881), 104 U. S. Rep., 557; <i>Blume</i> v. <i>Spear</i> (1887), 30 Fed. -Rep., 629.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1364" href="#FNanchor_1364" class="label">[1364]</a> -<i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1365" href="#FNanchor_1365" class="label">[1365]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1366" href="#FNanchor_1366" class="label">[1366]</a> -Act of March 3, 1891, sec. 3, amending Revised Statutes, sec. 4956.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1367" href="#FNanchor_1367" class="label">[1367]</a> -<i>Littleton</i> v. <i>Oliver</i> (1894), 62 Fed. Rep., 597.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1368" href="#FNanchor_1368" class="label">[1368]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1369" href="#FNanchor_1369" class="label">[1369]</a> -Act of June 18, 1874, sec. 1. This section supersedes the Revised Statutes, sec. 4962.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1370" href="#FNanchor_1370" class="label">[1370]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1371" href="#FNanchor_1371" class="label">[1371]</a> -Act of August 1, 1882.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1372" href="#FNanchor_1372" class="label">[1372]</a> -Act of June 18, 1874, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1373" href="#FNanchor_1373" class="label">[1373]</a> -<i>Jackson</i> v. <i>Walkie</i> (1886), 29 Fed. Rep., 15.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1374" href="#FNanchor_1374" class="label">[1374]</a> -<i>Falk</i> v. <i>Schumacher</i> (1891), 48 Fed. Rep., 222.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1375" href="#FNanchor_1375" class="label">[1375]</a> -<i>Hefel</i> v. <i>Whitely</i> (1893), 54 Fed. Rep., 179; and see <i>Garland</i> v. <i>Gemmill</i> (1887), 14 -S. C. R., 321.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1376" href="#FNanchor_1376" class="label">[1376]</a> -<i>Osgood</i> v. <i>Aloe</i> (1897), 83 Fed. Rep., 470.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1377" href="#FNanchor_1377" class="label">[1377]</a> -<i>Scribner</i> v. <i>Allen & Co.</i> (1892), 49 Fed. Rep., 854; <i>Werckmeister</i> v. <i>Springer</i> (1894), -63 Fed. Rep., 808.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1378" href="#FNanchor_1378" class="label">[1378]</a> -<i>The Illustrated American</i> v. <i>New York Press</i> (1892), cited in argument, 1 U. S. Rep., 594.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1379" href="#FNanchor_1379" class="label">[1379]</a> -<i>Burrow-Giles</i> v. <i>Sarony</i> (1884), 111 U. S. Rep., 53.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1380" href="#FNanchor_1380" class="label">[1380]</a> -<i>Bolles</i> v. <i>Outing</i> (1899), 77 Fed. Rep., 966; 175 U. S. Rep., 262.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1381" href="#FNanchor_1381" class="label">[1381]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1382" href="#FNanchor_1382" class="label">[1382]</a> -<i>Werckmeister</i> v. <i>Springer</i> (1894), 63 Fed. Rep., 808.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1383" href="#FNanchor_1383" class="label">[1383]</a> -(1901), 107 Fed. Rep., 708.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1384" href="#FNanchor_1384" class="label">[1384]</a> -(1848), 2 Blatchf., 82.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1385" href="#FNanchor_1385" class="label">[1385]</a> -(1888), 128 U. S. Rep., 617.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1386" href="#FNanchor_1386" class="label">[1386]</a> -(1888), 35 Fed. Rep., 210.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1387" href="#FNanchor_1387" class="label">[1387]</a> -<i>Snow</i> v. <i>Mast</i> (1895), 65 Fed. Rep., 995; <i>Bolles</i> v. <i>Outing</i> (1899), 175 U. S. Rep., 262.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1388" href="#FNanchor_1388" class="label">[1388]</a> -(1869), 4 Cliff. 1, at p. 61.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1389" href="#FNanchor_1389" class="label">[1389]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1390" href="#FNanchor_1390" class="label">[1390]</a> -(1875), 13 Blatchf., 163.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1391" href="#FNanchor_1391" class="label">[1391]</a> -Act of June 18, 1874, sec. 1; <i>Thompson</i> v. <i>Hubbard</i> (1888), 131 U. S. Rep., 123.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1392" href="#FNanchor_1392" class="label">[1392]</a> -<i>Thompson</i> v. <i>Hubbard</i> (1888), 131 U. S. Rep., 123.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1393" href="#FNanchor_1393" class="label">[1393]</a> -<i>Falk</i> v. <i>Gast</i> (1891), 48 Fed. Rep., 262; <i>Falk</i> v. <i>Gast</i> (1893), 54 Fed. Rep., 890.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1394" href="#FNanchor_1394" class="label">[1394]</a> -<i>Springer</i> v. <i>Falk</i> (1894), 20 U. S. App., 296.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1395" href="#FNanchor_1395" class="label">[1395]</a> -<i>Dewight</i> v. <i>Appleton</i> (1842), 1 N. Y. Leg. Obs., 195.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1396" href="#FNanchor_1396" class="label">[1396]</a> -Act of March 3, 1891, sec. 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1397" href="#FNanchor_1397" class="label">[1397]</a> -<i>Pierce</i> v. <i>Werckmeister</i> (1896), 72 Fed. Rep. 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1398" href="#FNanchor_1398" class="label">[1398]</a> -<i>Black</i> v. <i>Allen</i> (1890), 42 Fed. Rep., 168.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1399" href="#FNanchor_1399" class="label">[1399]</a> -<i>Pulte</i> v. <i>Derby</i> (1852), 5 M'L., 328; M'Lean, J., at p. 332.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1400" href="#FNanchor_1400" class="label">[1400]</a> -See <i>Boucicault</i> v. <i>Wood</i> (1867), 2 Biss., 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1401" href="#FNanchor_1401" class="label">[1401]</a> -(1875), 13 Blatchf., 47.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1402" href="#FNanchor_1402" class="label">[1402]</a> -(1896), 84 Hun., 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1403" href="#FNanchor_1403" class="label">[1403]</a> -(1896), 75 Fed. Rep., 703.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1404" href="#FNanchor_1404" class="label">[1404]</a> -(1896), 75 Fed. Rep., 703.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1405" href="#FNanchor_1405" class="label">[1405]</a> -(1898), 155 N. Y., 241.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1406" href="#FNanchor_1406" class="label">[1406]</a> -<i>Jewellers'</i> v. <i>Jewellers'</i> (1895), 84 Hun., 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1407" href="#FNanchor_1407" class="label">[1407]</a> -<i>Osgood</i> v. <i>Aloe</i> (1897), 83 Fed. Rep., 470; <i>Gottsberger</i> v. <i>Aldine</i> (1887), 33 Fed. Rep., -381; <i>Baker</i> v. <i>Taylor</i> (1848), 2 Blatchf., 82.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1408" href="#FNanchor_1408" class="label">[1408]</a> -<i>Per</i> Parker, Ch. J., in <i>Jewellers'</i> v. <i>Jewellers'</i> (1898), 155 N. Y., at p. 251.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1409" href="#FNanchor_1409" class="label">[1409]</a> -<i>D'Ole</i> v. <i>Kansas</i> (1899), 94 Fed. Rep., 840.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1410" href="#FNanchor_1410" class="label">[1410]</a> -<i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764; see <i>Baker</i> v. <i>Taylor</i> (1848), 2 Blatchf., 82; -<i>Wall</i> v. <i>Gordon</i> (1872), 12 Abb. Pr. N. S. (N. Y.), 349.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1411" href="#FNanchor_1411" class="label">[1411]</a> -<i>Press Publishing Co.</i> v. <i>Monroe</i> (1896), 73 Fed. Rep., 196; and see <i>Blunt</i> v. <i>Patten</i> -(1828), 2 Paine, 397; <i>Keene</i> v. <i>Wheatley</i> (1860), 9 Am. L. Reg., 45.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1412" href="#FNanchor_1412" class="label">[1412]</a> -<i>Bartlett</i> v. <i>Crittenden</i> (1847), 4 M'L., 301.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1413" href="#FNanchor_1413" class="label">[1413]</a> -<i>Falk</i> v. <i>Gast</i> (1893), 54 Fed. Rep., 890.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1414" href="#FNanchor_1414" class="label">[1414]</a> -<i>French</i> v. <i>Kreling</i> (1894), 63 Fed. Rep., 621.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1415" href="#FNanchor_1415" class="label">[1415]</a> -<i>Kiernan</i> v. <i>Manhattan</i> (1876), 50 How. Prac., 194.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1416" href="#FNanchor_1416" class="label">[1416]</a> -<i>Rigney</i> v. <i>Dalton</i> (1896), 77 Fed. Rep., 176.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1417" href="#FNanchor_1417" class="label">[1417]</a> -<i>Jewellers'</i> v. <i>Jewellers'</i> (1898), 155 N. Y., 241.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1418" href="#FNanchor_1418" class="label">[1418]</a> -<i>Larrowe</i> v. <i>O'Loughlin</i> (1898), 88 Fed. Rep., 896.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1419" href="#FNanchor_1419" class="label">[1419]</a> -<i>Jewellers'</i> v. <i>Jewellers'</i> (1898), 155 N. Y., 241; <i>Ladd</i> v. <i>Oxnard</i> (1896), 75 Fed. Rep., 703.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1420" href="#FNanchor_1420" class="label">[1420]</a> -<i>Holmes</i> v. <i>Hurst</i> (1898), 174 U. S. Rep. 82; <i>Holmes</i> v. <i>Donohue</i> (1896), 77 Fed. Rep., -179; <i>Mifflin</i> v. <i>Dutton</i> (1901), 107 Fed. Rep., 708.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1421" href="#FNanchor_1421" class="label">[1421]</a> -See <i>Bartlett</i> v. <i>Crittenden</i> (1847), 4 M. L., 301; <i>Rees</i> v. <i>Peltzer</i> (1874), 75 Ill., 475; -<i>Keene</i> v. <i>Wheatley</i> (1860), 9 Am. L. Rep., 45; <i>Palmer</i> v. <i>De Witt</i> (1872), 47 N. Y., 532.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1422" href="#FNanchor_1422" class="label">[1422]</a> -<i>Palmer</i> v. <i>De Witt</i> (1872), 47 N. Y., 532; <i>Aronson</i> v. <i>Fleckenstein</i> (1886), 28 Fed. Rep., -75; <i>Bartlett</i> v. <i>Crittenden</i> (1847), 4 M'L., 301; <i>Boucicault</i> v. <i>Hart</i> (1875), 13 Blatchf., 47; -<i>Tompkins</i> v. <i>Halleck</i> (1882), 133 Mass., 32; <i>Keene</i> v. <i>Wheatley</i> (1860), 4 Phil., 157; <i>Keene</i> -v. <i>Kimball</i> (1860), 16 Gray, 549; <i>Boucicault</i> v. <i>Fox</i> (1862), 5 Blatchf., 87; <i>Crowe</i> v. <i>Aiken</i> -(1870), 2 Biss., 208; <i>Thomas</i> v. <i>Lennox</i> (1883), 14 Fed. Rep., 849; <i>Keene</i> v. <i>Clarke</i> (1867), 5 -Rob. (N. Y.), 38; <i>Shook</i> v. <i>Rankin</i> (1875), 6 Biss., 477; <i>French</i> v. <i>Maguire</i> (1867), 55 How. -(N. Y.) Prac., 471.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1423" href="#FNanchor_1423" class="label">[1423]</a> -<i>Pierce</i> v. <i>Werckmeister</i> (1896), 72 Fed. Rep., 57.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1424" href="#FNanchor_1424" class="label">[1424]</a> -<i>Werckmeister</i> v. <i>Springer</i> (1894), 63 Fed. Rep., 808.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1425" href="#FNanchor_1425" class="label">[1425]</a> -<i>Palmer</i> v. <i>De Witt</i> (1872), 47 N. Y., 532; <i>Boucicault</i> v. <i>Wood</i> (1867), 2 Biss., 34; -<i>Crowe</i> v. <i>Aiken</i> (1870), 2 Biss., 208.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1426" href="#FNanchor_1426" class="label">[1426]</a> -<i>Daly</i> v. <i>Walrath</i> (1899), 40 App. Div., N. Y., 220.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1427" href="#FNanchor_1427" class="label">[1427]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1428" href="#FNanchor_1428" class="label">[1428]</a> -<i>Boucicault</i> v. <i>Wood</i> (1867), 2 Biss., at p. 39.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1429" href="#FNanchor_1429" class="label">[1429]</a> -Act of 1891, sec. 4, amending Revised Statutes, sec. 4958; and see Act, June 18, 1874, -sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1430" href="#FNanchor_1430" class="label">[1430]</a> -Act of 1891, sec. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1431" href="#FNanchor_1431" class="label">[1431]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1432" href="#FNanchor_1432" class="label">[1432]</a> -Revised Statutes, sec. 4961.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1433" href="#FNanchor_1433" class="label">[1433]</a> -Revised Statutes, sec. 4960.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1434" href="#FNanchor_1434" class="label">[1434]</a> -<i>Martinetti</i> v. <i>Maguire</i> (1867), 1 Abb. U. S., 356; <i>Shook</i> v. <i>Daly</i> (1875), 49 How. Prac., -366; <i>Keene</i> v. <i>Kimball</i> (1860), 16 Gray, 549.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1435" href="#FNanchor_1435" class="label">[1435]</a> -<i>Broder</i> v. <i>Zeno</i> (1898), 88 Fed. Rep., 74.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1436" href="#FNanchor_1436" class="label">[1436]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1437" href="#FNanchor_1437" class="label">[1437]</a> -<i>Richardson</i> v. <i>Miller</i> (1877), 3 L. and Eq. Rep. (Am.), 614.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1438" href="#FNanchor_1438" class="label">[1438]</a> -<i>Egbert</i> v. <i>Greenberg</i> (1900), 100 Fed. Rep., 447.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1439" href="#FNanchor_1439" class="label">[1439]</a> -<i>American Trotting Register</i> v. <i>Gocker</i> (1895), 70 Fed. Rep., 237.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1440" href="#FNanchor_1440" class="label">[1440]</a> -Revised Statutes, sec. 4953.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1441" href="#FNanchor_1441" class="label">[1441]</a> -Act of 1891, sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1442" href="#FNanchor_1442" class="label">[1442]</a> -(1888), 128 U. S. Rep., 617.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1443" href="#FNanchor_1443" class="label">[1443]</a> -<i>Pierpont</i> v. <i>Fowle</i> (1846), 2 Wood, and Min., 23, 44; <i>Cowen</i> v. <i>Banks</i> (1862), 24 How. -Prac., 72; see <i>Rundell</i> v. <i>Murray</i> (1821), Jac., 315.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1444" href="#FNanchor_1444" class="label">[1444]</a> -<i>Paige</i> v. <i>Banks</i> (1871), 13 Wall, 608; (1871), 7 Blatchf., 152.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1445" href="#FNanchor_1445" class="label">[1445]</a> -<i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., 591, 654.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1446" href="#FNanchor_1446" class="label">[1446]</a> -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1447" href="#FNanchor_1447" class="label">[1447]</a> -<i>Koppel</i> v. <i>Downing</i>, 24 Wash. L. R., 342.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1448" href="#FNanchor_1448" class="label">[1448]</a> -<i>Little</i> v. <i>Gould</i> (1851), 2 Blatchf., 165; <i>Green</i> v. <i>Bishop</i> (1858), 1 Cliff., 186, 198; -<i>Yuengling</i> v. <i>Schile</i> (1882), 12 Fed. Rep., 97, 100.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1449" href="#FNanchor_1449" class="label">[1449]</a> -<i>Yuengling</i> v. <i>Schile</i> (1882), 12 Fed. Rep., at p. 106.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1450" href="#FNanchor_1450" class="label">[1450]</a> -<i>Heine</i> v. <i>Appleton</i> (1853), 4 Blatchf., 125.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1451" href="#FNanchor_1451" class="label">[1451]</a> -<i>Press</i> v. <i>Munroe</i> (1896), 73 Fed. Rep., 196; <i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1452" href="#FNanchor_1452" class="label">[1452]</a> -<i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1453" href="#FNanchor_1453" class="label">[1453]</a> -<i>Burrow-Giles</i> v. <i>Sarony</i> (1884), 111 U. S., 53.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1454" href="#FNanchor_1454" class="label">[1454]</a> -<i>Bullinger</i> v. <i>MacKay</i> (1879), 15 Blatchf., 550.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1455" href="#FNanchor_1455" class="label">[1455]</a> -<i>Atwill</i> v. <i>Ferrett</i> (1846), 2 Blatchf., 39; <i>Roberts</i> v. <i>Myers</i> (1860), 13 L. R. Mass., 396.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1456" href="#FNanchor_1456" class="label">[1456]</a> -<i>Gray</i> v. <i>Russell</i> (1839), 1 Story, 11; Betts, J., in <i>Atwill</i> v. <i>Ferrett</i> (1846), 2 Blatchf., at -p. 46.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1457" href="#FNanchor_1457" class="label">[1457]</a> -<i>Aronson</i> v. <i>Fleckenstein</i> (1886), 28 Fed. Rep., 75.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1458" href="#FNanchor_1458" class="label">[1458]</a> -<i>Carte</i> v. <i>Bailey</i> (1874), 64 Maine, 458.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1459" href="#FNanchor_1459" class="label">[1459]</a> -<i>Colliery</i> v. <i>Schools</i> (1899), 94 Fed. Rep., 152; <i>Schumacher</i> v. <i>Schwencke</i> (1885), 25 Fed. -Rep., 466; <i>Mutual Advertising</i> v. <i>Refo</i> (1896), 76 Fed. Rep., 961; <i>Lawrence</i> v. <i>Dana</i> (1869), -4 Cliff., 1; <i>Little</i> v. <i>Gould</i> (1851), 2 Blatchf., 165; <i>Heine</i> v. <i>Appleton</i> (1853), 4 Blatchf., -125; but see <i>Pierpont</i> v. <i>Fowle</i> (1846), 2 Woodb. and M., 23; <i>Atwill</i> v. <i>Ferrett</i> (1846), -2 Blatchf., 39.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1460" href="#FNanchor_1460" class="label">[1460]</a> -<i>Dielman</i> v. <i>White</i> (1900), 102 Fed. Rep., 892.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1461" href="#FNanchor_1461" class="label">[1461]</a> -<i>Boucicault</i> v. <i>Fox</i> (1862), 5 Blatchf., 87.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1462" href="#FNanchor_1462" class="label">[1462]</a> -<i>Press</i> v. <i>Munroe</i> (1896), 73 Fed. Rep., 196; <i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1463" href="#FNanchor_1463" class="label">[1463]</a> -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1, at pp. 59, 66.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1464" href="#FNanchor_1464" class="label">[1464]</a> -<i>Banks</i> v. <i>Manchester</i> (1888), 128 U. S. Rep., at p. 253.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1465" href="#FNanchor_1465" class="label">[1465]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1466" href="#FNanchor_1466" class="label">[1466]</a> -<i>Schumacher</i> v. <i>Schwencke</i> (1885), 25 Fed. Rep., 466; <i>Mutual Advertising</i> v. <i>Refo</i> -(1896), 76 Fed. Rep., 961.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1467" href="#FNanchor_1467" class="label">[1467]</a> -(1853), 4 Blatchf., 125</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1468" href="#FNanchor_1468" class="label">[1468]</a> -<i>Little</i> v. <i>Gould</i> (1851), 2 Blatchf., 165.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1469" href="#FNanchor_1469" class="label">[1469]</a> -<i>Callaghan</i> v. <i>Myers</i> (1888), 128 U. S. Rep., 617; <i>Black</i> v. <i>Allen</i> (1890), 42 Fed. Rep., -618; <i>Carte</i> v. <i>Evans</i> (1886), 27 Fed. Rep., 861; <i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1, at p. 59; -<i>Little</i> v. <i>Gould</i> (1851), 2 Blatchf., 165.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1470" href="#FNanchor_1470" class="label">[1470]</a> -<i>Pulte</i> v. <i>Derby</i> (1852), 5 M'L., 328; <i>Little</i> v. <i>Gould</i> (1851), 2 Blatchf., 165; <i>Lawrence</i> -v. <i>Dana</i> (1869), 4 Cliff., 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1471" href="#FNanchor_1471" class="label">[1471]</a> -Act of February 3, 1831, sec. 9; <i>Parton</i> v. <i>Prang</i> (1872), 3 Cliff., at p. 549; but see -<i>contra</i>, <i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1, at p. 59; <i>Pulte</i> v. <i>Derby</i> (1852), 5 M'L., 328.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1472" href="#FNanchor_1472" class="label">[1472]</a> -<i>Parton</i> v. <i>Prang</i> (1872), 3 Cliff., 537; <i>Yuengling</i> v. <i>Schile</i> (1882), 12 Fed. Rep., 97; -<i>Werckmeister</i> v. <i>Springer</i> (1894), 63 Fed. Rep., 808; <i>Stevens</i> v. <i>Gladding</i> (1854), 17 How., -447; <i>Stephens</i> v. <i>Cady</i> (1852), 14 How., 528; <i>Carte</i> v. <i>Bailey</i> (1874), 64 Maine, 458; see -<i>MacKaye</i> v. <i>Mallory</i> (1882), 12 Fed. Rep., 328.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1473" href="#FNanchor_1473" class="label">[1473]</a> -<i>Webb</i> v. <i>Powers</i> (1847), 2 Woodb. and Min., 497; see <i>Gould</i> v. <i>Banks</i>, <i>Stephens</i> -v. <i>Cady</i>, <i>Little</i> v. <i>Hall</i>, <i>ubi supra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1474" href="#FNanchor_1474" class="label">[1474]</a> -<i>Gould</i> v. <i>Banks</i> (1832), 8 Wend., 562.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1475" href="#FNanchor_1475" class="label">[1475]</a> -<i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764; <i>Carte</i> v. <i>Evans</i> (1886), 27 Fed. Rep., 861.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1476" href="#FNanchor_1476" class="label">[1476]</a> -<i>Gilmore</i> v. <i>Anderson</i> (1889), 38 Fed. Rep., 846.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1477" href="#FNanchor_1477" class="label">[1477]</a> -<i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764; <i>Carte</i> v. <i>Bailey</i> (1874), 64 Maine, 458.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1478" href="#FNanchor_1478" class="label">[1478]</a> -<i>Werckmeister</i> v. <i>Springer</i> (1894), 63 Fed. Rep., 808.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1479" href="#FNanchor_1479" class="label">[1479]</a> -<i>Publishing Co.</i> v. <i>Munroe</i> (1896), 73 Fed. Rep., 196.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1480" href="#FNanchor_1480" class="label">[1480]</a> -<i>Davies</i> v. <i>Vories</i>, 42 S. W., 707.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1481" href="#FNanchor_1481" class="label">[1481]</a> -<i>Keene</i> v. <i>Wheatley</i> (1860), 9 Am. L. Reg., 45.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1482" href="#FNanchor_1482" class="label">[1482]</a> -But see <i>Little</i> v. <i>Gould</i> (1851), 2 Blatchf., 165.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1483" href="#FNanchor_1483" class="label">[1483]</a> -<i>Aronson</i> v. <i>Fleckenstein</i> (1886), 28 Fed. Rep., 75.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1484" href="#FNanchor_1484" class="label">[1484]</a> -Revised Statutes, sec. 4952.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1485" href="#FNanchor_1485" class="label">[1485]</a> -<i>Stephens</i> v. <i>Cady</i> (1852), 14 How., 528; <i>Stevens</i> v. <i>Gladding</i> (1854), 17 How., 451.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1486" href="#FNanchor_1486" class="label">[1486]</a> -Act of March 3, 1891, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1487" href="#FNanchor_1487" class="label">[1487]</a> -<i>Harper</i> v. <i>Shoppell</i> (1886), 23 Blatchf., 431.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1488" href="#FNanchor_1488" class="label">[1488]</a> -<i>Morrison</i> v. <i>Pettibone</i> (1897), 87 Fed. Rep., 330.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1489" href="#FNanchor_1489" class="label">[1489]</a> -<i>Falk</i> v. <i>Donaldson</i> (1893), 57 Fed. Rep., 32; <i>Fishel</i> v. <i>Lueckel</i> (1892), 53 Fed. Rep., -499; <i>Springer</i> v. <i>Falk</i> (1894), 20 U. S. App., 296.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1490" href="#FNanchor_1490" class="label">[1490]</a> -<i>Falk</i> v. <i>Howell</i> (1888), 37 Fed. Rep., 202.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1491" href="#FNanchor_1491" class="label">[1491]</a> -<i>Kennedy</i> v. <i>McTammany</i> (1888), 33 Fed. Rep., 584.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1492" href="#FNanchor_1492" class="label">[1492]</a> -<i>Ladd</i> v. <i>Oxnard</i> (1896), 75 Fed. Rep., 703.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1493" href="#FNanchor_1493" class="label">[1493]</a> -<i>Schumacher</i> v. <i>Schwencke</i> (1887), 30 Fed. Rep., 690.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1494" href="#FNanchor_1494" class="label">[1494]</a> -<i>Maloney</i> v. <i>Foote</i> (1900), 101 Fed. Rep., 264.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1495" href="#FNanchor_1495" class="label">[1495]</a> -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1, 81; <i>Folsom</i> v. <i>Marsh</i> (1841), 2 Story, 118; <i>Story</i> -v. <i>Holcombe</i> (1847), 4 M'L., 310; <i>Reed</i> v. <i>Holliday</i> (1884), 19 Fed. Rep., 323; <i>Brady</i> v. -<i>Daly</i> (1897), 83 Fed. Rep., 1007; <i>M'Lean</i> v. <i>Flemming</i> (1877), 96 U. S. Rep., 245; <i>Fishel</i> v. -<i>Lueckel</i> (1892), 53 Fed. Rep., 499; <i>Morrison</i> v. <i>Pettibone</i> (1897), 87 Fed. Rep., 330; -<i>Millet</i> v. <i>Snowden</i> (1843), 1 West L. J., 240; <i>Parker</i> v. <i>Hulme</i> (1849), 7 West L. J., -426.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1496" href="#FNanchor_1496" class="label">[1496]</a> -<i>Morrison</i> v. <i>Pettibone</i> (1897), 87 Fed. Rep., 330.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1497" href="#FNanchor_1497" class="label">[1497]</a> -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1, 81; <i>Webb</i> v. <i>Powers</i> (1847), 2 Wood and Min., -497.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1498" href="#FNanchor_1498" class="label">[1498]</a> -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1, p. 73.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1499" href="#FNanchor_1499" class="label">[1499]</a> -<i>Mead</i> v. <i>West</i> (1896), 80 Fed. Rep., 380.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1500" href="#FNanchor_1500" class="label">[1500]</a> -<i>West</i> v. <i>Lawyers</i> (1896), 51 U. S. App., 216.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1501" href="#FNanchor_1501" class="label">[1501]</a> -<i>Bullinger</i> v. <i>MacKay</i> (1879), 15 Blatchf. C. C., 550.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1502" href="#FNanchor_1502" class="label">[1502]</a> -<i>Emerson</i> v. <i>Davis</i> (1845), 3 Story, 768.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1503" href="#FNanchor_1503" class="label">[1503]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1504" href="#FNanchor_1504" class="label">[1504]</a> -<i>Gray</i> v. <i>Russell</i> (1839), 1 Story, 11.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1505" href="#FNanchor_1505" class="label">[1505]</a> -<i>Blunt</i> v. <i>Patten</i> (1828), 2 Paine, 397.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1506" href="#FNanchor_1506" class="label">[1506]</a> -<i>Gilmore</i> v. <i>Anderson</i> (1889), 38 Fed. Rep., 846.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1507" href="#FNanchor_1507" class="label">[1507]</a> -<i>Johnson</i> v. <i>Donaldson</i> (1880), 3 Fed. Rep., 22.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1508" href="#FNanchor_1508" class="label">[1508]</a> -<i>Banks</i> v. <i>M'Divitt</i> (1875), 13 Blatchf., p. 163; <i>Mead</i> v. <i>West</i> (1896), 80 Fed. -Rep., 380.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1509" href="#FNanchor_1509" class="label">[1509]</a> -<i>Banks</i> v. <i>M'Divitt</i> (1875), 13 Blatchf., at pp. 165, 6.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1510" href="#FNanchor_1510" class="label">[1510]</a> -<i>Gilmore</i> v. <i>Anderson</i> (1889), 38 Fed. Rep., 846.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1511" href="#FNanchor_1511" class="label">[1511]</a> -<i>Thomas</i> v. <i>Lennox</i> (1883), 14 Fed. Rep., 849.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1512" href="#FNanchor_1512" class="label">[1512]</a> -See <i>Carte</i> v. <i>Duff</i> (1885), 25 Fed. Rep., 183.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1513" href="#FNanchor_1513" class="label">[1513]</a> -Clifford, J., in <i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., at p. 80; <i>Gray</i> v. <i>Russell</i> (1839), 1 -Story, 11; <i>Folsom</i> v. <i>Marsh</i> (1841), 2 Story, 100; <i>Farmer</i> v. <i>Elstner</i> (1888), 33 Fed. Rep., -494; <i>Story</i> v. <i>Holcombe</i> (1847), 4 M'L., 315; <i>Emerson</i> v. <i>Davis</i> (1845), 3 Story, at p. 795; -<i>Reed</i> v. <i>Holliday</i> (1884), 19 Fed. Rep., 325; <i>Greene</i> v. <i>Bishop</i> (1858), 1 Cliff., 186.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1514" href="#FNanchor_1514" class="label">[1514]</a> -Story, J., in <i>Folsom</i> v. <i>Marsh</i> (1841), 2 Story, at p. 115.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1515" href="#FNanchor_1515" class="label">[1515]</a> -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 1, 81, 83; <i>Perris</i> v. <i>Hexamer</i> (1878), 99 U. S. Rep., -674; <i>Morrison</i> v. <i>Pettibone</i> (1897), 87 Fed. Rep., 330.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1516" href="#FNanchor_1516" class="label">[1516]</a> -Although this is an element in the question of substantiality, it is no answer to a charge -of infringement to say that the infringing composition would have been equally valuable without -the borrowed matter. <i>Brady</i> v. <i>Daly</i> (1897), 83 Fed. Rep., 1007.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1517" href="#FNanchor_1517" class="label">[1517]</a> -(1897), 87 Fed. Rep., 330.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1518" href="#FNanchor_1518" class="label">[1518]</a> -<i>Howell</i> v. <i>Miller</i> (1898), 91 Fed. Rep., 129.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1519" href="#FNanchor_1519" class="label">[1519]</a> -<i>Springer</i> v. <i>Falk</i> (1894), 20 U. S. App., 296; <i>Falk</i> v. <i>Donaldson</i> (1893), 57 Fed. Rep., -32; <i>Fishel</i> v. <i>Lueckel</i> (1892), 53 Fed. Rep., 499.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1520" href="#FNanchor_1520" class="label">[1520]</a> -<i>Farmer</i> v. <i>Culvert</i> (1872), 5 Am. L. T. R., 168; see <i>Sanborn</i> v. <i>Dakin</i> (1889), 39 Fed. -Rep., 266.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1521" href="#FNanchor_1521" class="label">[1521]</a> -<i>Daly</i> v. <i>Palmer</i> (1868), 6 Blatchf., 256; <i>Daly</i> v. <i>Webster</i> (1892), 1 U. S. App., 611; <i>Brady</i> -v. <i>Daly</i> (1897), 83 Fed. Rep., 1007.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1522" href="#FNanchor_1522" class="label">[1522]</a> -<i>Falk</i> v. <i>Donaldson</i> (1893), 57 Fed. Rep., 32; <i>Falk</i> v. <i>Howell</i> (1888), 37 Fed. Rep., 202.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1523" href="#FNanchor_1523" class="label">[1523]</a> -<i>Mead</i> v. <i>West</i> (1896), 80 Fed. Rep., 380; <i>List</i> v. <i>Keller</i> (1887), 30 Fed. Rep., 772.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1524" href="#FNanchor_1524" class="label">[1524]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1525" href="#FNanchor_1525" class="label">[1525]</a> -<i>List</i> v. <i>Keller</i> (1887), 30 Fed. Rep., 772.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1526" href="#FNanchor_1526" class="label">[1526]</a> -(1875), 13 Blatchf., at p. 166.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1527" href="#FNanchor_1527" class="label">[1527]</a> -Story, J., in <i>Emerson</i> v. <i>Davis</i> (1845), 3 Story, at p. 793.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1528" href="#FNanchor_1528" class="label">[1528]</a> -<i>Daly</i> v. <i>Palmer</i> (1868), 6 Blatchf., 256; <i>Daly</i> v. <i>Webster</i> (1892), 1 U. S. App., 573; -<i>Goldmark</i> v. <i>Kreling</i> (1888), 35 Fed. Rep., 661.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1529" href="#FNanchor_1529" class="label">[1529]</a> -<i>Broder</i> v. <i>Zeno</i> (1898), 88 Fed. Rep., 74; <i>Blume</i> v. <i>Spear</i> (1887), 30 Fed. Rep., 629; -<i>Jollie</i> v. <i>Jacques</i> (1850), 1 Blatchf., 618.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1530" href="#FNanchor_1530" class="label">[1530]</a> -<i>West</i> v. <i>Lawyers</i> (1894), 64 Fed. Rep., 361.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1531" href="#FNanchor_1531" class="label">[1531]</a> -<i>List Publishing Co.</i> v. <i>Keller</i> (1887), 30 Fed. Rep., 772.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1532" href="#FNanchor_1532" class="label">[1532]</a> -<i>Sanborn</i> v. <i>Dakin</i> (1889), 39 Fed. Rep., 266; <i>Farmer</i> v. <i>Culvert</i> (1872), 5 Am. L. T. R., -168.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1533" href="#FNanchor_1533" class="label">[1533]</a> -<i>Chils</i> v. <i>Gronland</i> (1890), 41 Fed. Rep., 145; <i>Webb</i> v. <i>Powers</i> (1847), 2 Wood. and -Min., 497.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1534" href="#FNanchor_1534" class="label">[1534]</a> -<i>Banks</i> v. <i>M'Divitt</i> (1875), 13 Blatchf., 163; <i>Mead</i> v. <i>West</i> (1896), 80 Fed. Rep., 380; -<i>Howell</i> v. <i>Miller</i> (1898), 91 Fed. Rep., 129.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1535" href="#FNanchor_1535" class="label">[1535]</a> -<i>Banks</i> v. <i>M'Divitt</i> (1875), 13 Blatchf., 163.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1536" href="#FNanchor_1536" class="label">[1536]</a> -<i>Mead</i> v. <i>West</i> (1896), 80 Fed. Rep., 380.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1537" href="#FNanchor_1537" class="label">[1537]</a> -<i>Burnell</i> v. <i>Chown</i> (1895), 69 Fed. Rep., 993.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1538" href="#FNanchor_1538" class="label">[1538]</a> -<i>Munro</i> v. <i>Smith</i> (1890), 42 Fed. Rep., 266.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1539" href="#FNanchor_1539" class="label">[1539]</a> -<i>Ehret</i> v. <i>Pierce</i> (1880), 18 Blatchf., 302; <i>Mutual Advertising Co.</i> v. <i>Refo</i> (1896), -76 Fed. Rep., 961.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1540" href="#FNanchor_1540" class="label">[1540]</a> -<i>Mutual Advertising Co.</i> v. <i>Refo</i> (1896), 76 Fed. Rep., 961.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1541" href="#FNanchor_1541" class="label">[1541]</a> -<i>Serrana</i> v. <i>Jefferson</i> (1888), 33 Fed. Rep., 347.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1542" href="#FNanchor_1542" class="label">[1542]</a> -(1879), 15 Blatchf., 550.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1543" href="#FNanchor_1543" class="label">[1543]</a> -<i>Ladd</i> v. <i>Oxnard</i> (1896), 75 Fed. Rep., 703; <i>Brightley</i> v. <i>Littleton</i> (1888), 37 Fed. Rep., -103; <i>Mead</i> v. <i>West</i> (1896), 80 Fed. Rep., 380; <i>Springer</i> v. <i>Falk</i> (1894), 20 U. S. App., 296.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1544" href="#FNanchor_1544" class="label">[1544]</a> -<i>Drury</i> v. <i>Ewing</i> (1862), 1 Bond., 549.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1545" href="#FNanchor_1545" class="label">[1545]</a> -<i>Story</i> v. <i>Holcombe</i> (1847), 4 M'L., 306; <i>Webb</i> v. <i>Powers</i> (1847), 2 Wood. and Min., -497, 512.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1546" href="#FNanchor_1546" class="label">[1546]</a> -<i>Falk</i> v. <i>Donaldson</i> (1893), 57 Fed. Rep., 32.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1547" href="#FNanchor_1547" class="label">[1547]</a> -<i>Falk</i> v. <i>Howell</i> (1888), 37 Fed. Rep., 202.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1548" href="#FNanchor_1548" class="label">[1548]</a> -<i>Gilmore</i> v. <i>Anderson</i> (1889), 38 Fed. Rep., 846.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1549" href="#FNanchor_1549" class="label">[1549]</a> -(1839), 1 Story, 11; see <i>Story</i> v. <i>Holcombe</i> (1847), 4 M'L., 306; <i>Folsom</i> v. <i>Marsh</i> (1841), -2 Story, 100, 116.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1550" href="#FNanchor_1550" class="label">[1550]</a> -Gifford, J., in <i>Lawrence</i> v. <i>Dana</i> (1869), 4 Giff., 82; see Story, J., in <i>Folsom</i> v. <i>Marsh</i> -(1841), 2 Story, p. 106; <i>Story</i> v. <i>Holcombe</i> (1847), 4 M'L., at p. 309.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1551" href="#FNanchor_1551" class="label">[1551]</a> -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., p. 78; <i>Story</i> v. <i>Holcombe</i> (1847), 4 M'L., 309; -<i>Folsom</i> v. <i>Marsh</i> (1841), 2 Story, 106; <i>Gray</i> v. <i>Russell</i> (1839), 1 Story, 11; <i>Stowe</i> v. <i>Thomas</i> -(1853), 2 Wall. Jr., p. 547; <i>Keene</i> v. <i>Wheatley</i> (1860), 9 Am. L. R., 45.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1552" href="#FNanchor_1552" class="label">[1552]</a> -(1847), 4 M'L., 306.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1553" href="#FNanchor_1553" class="label">[1553]</a> -<i>Story</i> v. <i>Holcombe</i> (1847), 4 M'L., 308, 309.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1554" href="#FNanchor_1554" class="label">[1554]</a> -(1869), 4 Cliff., 78.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1555" href="#FNanchor_1555" class="label">[1555]</a> -<i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., pp. 78, 79.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1556" href="#FNanchor_1556" class="label">[1556]</a> -Act of March 3, 1891, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1557" href="#FNanchor_1557" class="label">[1557]</a> -Act of July 18, 1870; Revised Statutes, 1874, sec. 4952.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1558" href="#FNanchor_1558" class="label">[1558]</a> -<i>Stowe</i> v. <i>Thomas</i> (1853), 2 Wall. Jr., 547.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1559" href="#FNanchor_1559" class="label">[1559]</a> -Act of March 3, 1891, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1560" href="#FNanchor_1560" class="label">[1560]</a> -Act of Congress, Aug. 18, 1856.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1561" href="#FNanchor_1561" class="label">[1561]</a> -(1868), 6 Blatchf., 256, at p. 264.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1562" href="#FNanchor_1562" class="label">[1562]</a> -(1868), 6 Blatchf., at p. 264.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1563" href="#FNanchor_1563" class="label">[1563]</a> -<i>Brady</i> v. <i>Daly</i> (1899), 175 U. S. Rep., 148; <i>Daly</i> v. <i>Webster</i> (1892), 1 U. S. App., 573.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1564" href="#FNanchor_1564" class="label">[1564]</a> -See <i>Carte</i> v. <i>Duff</i> (1885), 25 Fed. Rep., 183.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1565" href="#FNanchor_1565" class="label">[1565]</a> -Act of 1891, sec. 7, amending Revised Statutes, sec. 4964.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1566" href="#FNanchor_1566" class="label">[1566]</a> -Act of March 2, 1895, amending Revised Statutes, sec. 4965, and Act of 1891, sec. 8.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1567" href="#FNanchor_1567" class="label">[1567]</a> -It has been suggested that this division of penalties applies only to "paintings, statues, -and statuary." <i>Thornton</i> v. <i>Schreiber</i> (1887), 7 How., 8 Sup. Ct., 618.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1568" href="#FNanchor_1568" class="label">[1568]</a> -<i>Taylor</i> v. <i>Gilman</i> (1885), 24 Fed. Rep., 632.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1569" href="#FNanchor_1569" class="label">[1569]</a> -<i>Bennett</i> v. <i>Boston</i> (1900), 101 Fed., Rep., 445.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1570" href="#FNanchor_1570" class="label">[1570]</a> -Act of Jan. 6, 1897, amending Revised Statutes, sec. 4966.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1571" href="#FNanchor_1571" class="label">[1571]</a> -<i>Chapman</i> v. <i>Ferry</i> (1882), 12 Fed. Rep., 693.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1572" href="#FNanchor_1572" class="label">[1572]</a> -<i>Stevens</i> v. <i>Gladding</i> (1854), 17 How., 447; <i>Falk</i> v. <i>Gast</i> (1893), 54 Fed. Rep., 890; -<i>Belford</i> v. <i>Scribner</i> (1892), 144 U. S. Rep., 488; <i>Chapman</i> v. <i>Ferry</i> (1882), 12 Fed. Rep., 693.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1573" href="#FNanchor_1573" class="label">[1573]</a> -<i>West</i> v. <i>Lawyers</i> (1894), 64 Fed. Rep., 360; <i>Belford</i> v. <i>Scribner</i> (1892), 144 U. S. Rep., -488; <i>Farmer</i> v. <i>Elstner</i> (1888), 33 Fed. Rep., 494.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1574" href="#FNanchor_1574" class="label">[1574]</a> -<i>Callaghan</i> v. <i>Myers</i> (1888), 128 U. S. Rep., 617; <i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 85; -<i>Elizabeth</i> v. <i>Pavement Co.</i> (1877), 97 U. S. Rep., 126, 139.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1575" href="#FNanchor_1575" class="label">[1575]</a> -<i>Callaghan</i> v. <i>Myers</i> (1888), 128 U. S. Rep., 617.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1576" href="#FNanchor_1576" class="label">[1576]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1577" href="#FNanchor_1577" class="label">[1577]</a> -<i>Gilmore</i> v. <i>Anderson</i> (1890), 42 Fed. Rep., 267.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1578" href="#FNanchor_1578" class="label">[1578]</a> -<i>Daly</i> v. <i>Brady</i> (1895), 69 Fed. Rep., 285; <i>Atwill</i> v. <i>Ferrett</i> (1846), 2 Blatchf., 39; -Revised Statutes, sec. 860.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1579" href="#FNanchor_1579" class="label">[1579]</a> -<i>Taylor</i> v. <i>Gilman</i> (1885), 24 Fed. Rep., 632; <i>Johnson</i> v. <i>Donaldson</i> (1880), 3 Fed. Rep., -22; <i>Chapman</i> v. <i>Ferry</i> (1882), 12 Fed. Rep., 693.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1580" href="#FNanchor_1580" class="label">[1580]</a> -<i>Thornton</i> v. <i>Schreiber</i> (1887), 7 How., at p. 614; <i>Springer</i> v. <i>Falk</i> (1894), 20 U. S. -App., 296.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1581" href="#FNanchor_1581" class="label">[1581]</a> -<i>Falk</i> v. <i>Heffron</i> (1893), 56 Fed. Rep., 299.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1582" href="#FNanchor_1582" class="label">[1582]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1583" href="#FNanchor_1583" class="label">[1583]</a> -Revised Statutes, sec. 4965.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1584" href="#FNanchor_1584" class="label">[1584]</a> -<i>Bolles</i> v. <i>Outing</i> (1899), 77 Fed. Rep., 966; <i>Reed</i> v. <i>Carusi</i> (1845), 72 Fed. Cas., No. -11, 642; <i>Backus</i> v. <i>Gould</i> (1849), 7 How., 798; <i>Thornton</i> v. <i>Schreiber</i> (1887), 124 U. S. -Rep., 612; <i>Falk</i> v. <i>Curtis</i> (1901), 107 Fed. Rep., 126; (1900), 98 Fed. Rep., 989; <i>Child</i> v. -<i>New York Times</i> (1901), 110 Fed. Rep., 527.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1585" href="#FNanchor_1585" class="label">[1585]</a> -<i>Falk</i> v. <i>Curtis</i> (1900), 100 Fed. Rep., 77.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1586" href="#FNanchor_1586" class="label">[1586]</a> -<i>Thornton</i> v. <i>Schreiber</i> (1887), 124 U. S. Rep., 612.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1587" href="#FNanchor_1587" class="label">[1587]</a> -<i>Chapman</i> v. <i>Ferry</i> (1882), 12 Fed. Rep., 693.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1588" href="#FNanchor_1588" class="label">[1588]</a> -Previous demand is not a condition precedent; <i>Hegemen</i> v. <i>Springer</i> (1901), 110 Fed. -Rep., 374.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1589" href="#FNanchor_1589" class="label">[1589]</a> -<i>Rogers</i> v. <i>Jewett</i> (1858), 12 L. R., 339.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1590" href="#FNanchor_1590" class="label">[1590]</a> -<i>Sarony</i> v. <i>Ehrich</i> (1886), 28 Fed. Rep., 79.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1591" href="#FNanchor_1591" class="label">[1591]</a> -See <i>Williams</i> v. <i>Smythe</i> (1901), 110 Fed. Rep., 961.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1592" href="#FNanchor_1592" class="label">[1592]</a> -<i>Harper</i> v. <i>Holman</i> (1897), 84 Fed. Rep., 224; <i>Colliery</i> v. <i>Schools</i> (1899), 24 Fed. Rep., -152; <i>Little</i> v. <i>Gould</i> (1851), 2 Blatchf., at p. 184.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1593" href="#FNanchor_1593" class="label">[1593]</a> -<i>Hubbard</i> v. <i>Thompson</i> (1882), 14 Fed. Rep., 689; <i>Trow</i> v. <i>Boyd</i> (1899), 97 Fed. -Rep., 586.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1594" href="#FNanchor_1594" class="label">[1594]</a> -<i>Reed</i> v. <i>Holliday</i> (1884), 19 Fed. Rep., 325; <i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1595" href="#FNanchor_1595" class="label">[1595]</a> -<i>Daly</i> v. <i>Palmer</i> (1868), 6 Blatchf., 256.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1596" href="#FNanchor_1596" class="label">[1596]</a> -<i>Stuart</i> v. <i>Smith</i> (1895), 68 Fed. Rep., 189.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1597" href="#FNanchor_1597" class="label">[1597]</a> -<i>Falk</i> v. <i>Curtis</i> (1900), 98 Fed. Rep., 989.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1598" href="#FNanchor_1598" class="label">[1598]</a> -<i>Belford</i> v. <i>Scribner</i> (1892), 144 U. S. Rep., 488.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1599" href="#FNanchor_1599" class="label">[1599]</a> -<i>Fishel</i> v. <i>Lueckel</i> (1892), 53 Fed. Rep., 499.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1600" href="#FNanchor_1600" class="label">[1600]</a> -<i>Trow</i> v. <i>Boyd</i> (1899), 97 Fed. Rep., 586.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1601" href="#FNanchor_1601" class="label">[1601]</a> -<i>Taylor</i> v. <i>Gilman</i> (1885), 24 Fed. Rep., 632.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1602" href="#FNanchor_1602" class="label">[1602]</a> -<i>McDonald</i> v. <i>Hearst</i> (1899), 95 Fed. Rep., 656.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1603" href="#FNanchor_1603" class="label">[1603]</a> -<i>Thornton</i> v. <i>Schreiber</i> (1887), 7 How., at p. 614; <i>Springer</i> v. <i>Falk</i>(1894), 20 U. S. App., -296.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1604" href="#FNanchor_1604" class="label">[1604]</a> -Revised Statutes, sec. 4968.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1605" href="#FNanchor_1605" class="label">[1605]</a> -<i>Wheeler</i> v. <i>Cobbey</i> (1895), 70 Fed. Rep., 487; <i>Daly</i> v. <i>Brady</i> (1895), 69 Fed. Rep., 285; -see <i>Brady</i> v. <i>Daly</i> (1899), 175 U. S. Rep., at p. 158.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1606" href="#FNanchor_1606" class="label">[1606]</a> -<i>Black</i> v. <i>Allen</i> (1893), 56 Fed. Rep., 764.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1607" href="#FNanchor_1607" class="label">[1607]</a> -<i>Hill</i> v. <i>Epley</i> (1858), 31 Perm. St., 331; <i>Lawrence</i> v. <i>Dana</i> (1869), 4 Cliff., 83; <i>Heine</i> v. -<i>Appleton</i> (1853), 4 Blatchf., 125; <i>Menendez</i> v. <i>Holt</i> (1888), 128 U. S., 514; <i>Keene</i> v. <i>Clarke</i> -(1867), 5 Robertson, N. Y., 38, 66, 67.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1608" href="#FNanchor_1608" class="label">[1608]</a> -<i>Boucicault</i> v. <i>Wood</i> (1867), 2 Biss., 34.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1609" href="#FNanchor_1609" class="label">[1609]</a> -<i>Falk</i> v. <i>Schumacher</i> (1891), 48 Fed. Rep., 232.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1610" href="#FNanchor_1610" class="label">[1610]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1611" href="#FNanchor_1611" class="label">[1611]</a> -<i>Scribner</i> v. <i>Allen</i> (1892), 49 Fed. Rep., 854.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1612" href="#FNanchor_1612" class="label">[1612]</a> -Revised Statutes, sec. 4969; sec. 914; see <i>Johnston</i> v. <i>Klopsch</i> (1898), 88 Fed. -Rep., 692.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1613" href="#FNanchor_1613" class="label">[1613]</a> -Revised Statutes, sec. 4963, amended Act, March 3, 1897.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1614" href="#FNanchor_1614" class="label">[1614]</a> -<i>Ross</i> v. <i>Raphael Tuck</i> (1898), 91 Fed. Rep., 128.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1615" href="#FNanchor_1615" class="label">[1615]</a> -<i>Rosenbach</i> v. <i>Dreyfus</i> (1880), 2 Fed. Rep., 217.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1616" href="#FNanchor_1616" class="label">[1616]</a> -<i>Taft</i> v. <i>Stephens</i> (1889), 39 Fed. Rep., 781.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1617" href="#FNanchor_1617" class="label">[1617]</a> -<i>Rigney</i> v. <i>Raphael Tuck</i> (1896), 77 Fed. Rep., 173.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1618" href="#FNanchor_1618" class="label">[1618]</a> -<i>Rigney</i> v. <i>Dalton</i> (1896), 77 Fed. Rep., 176.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1619" href="#FNanchor_1619" class="label">[1619]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1620" href="#FNanchor_1620" class="label">[1620]</a> -<i>Hoertel</i> v. <i>Raphael Tuck</i> (1899), 94 Fed. Rep., 844.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1621" href="#FNanchor_1621" class="label">[1621]</a> -<i>Rigney</i> v. <i>Dalton</i> (1896), 77 Fed. Rep., 176.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1622" href="#FNanchor_1622" class="label">[1622]</a> -Revised Statutes, sec. 4956, amended March 3, 1891, 26 S. L., 1107.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1623" href="#FNanchor_1623" class="label">[1623]</a> -26 S. L., 604.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1624" href="#FNanchor_1624" class="label">[1624]</a> -26 S. L., 604.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1625" href="#FNanchor_1625" class="label">[1625]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1626" href="#FNanchor_1626" class="label">[1626]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1627" href="#FNanchor_1627" class="label">[1627]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1628" href="#FNanchor_1628" class="label">[1628]</a> -Revised Statute, sec. 4956, amended March 3, 1891, 26 S. L., 694.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1629" href="#FNanchor_1629" class="label">[1629]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1630" href="#FNanchor_1630" class="label">[1630]</a> -<i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., 591; <i>Banks</i> v. <i>Manchester</i> (1888), 128 U. S. Rep., 244; -<i>Jewellers</i> v. <i>Jewellers'</i> (1898), 155 N. Y., 241; <i>Holmes</i> v. <i>Hurst</i> (1898), 174 U. S. Rep., 82; -<i>Palmer</i> v. <i>De Witt</i> (1872), 47 N. Y., 532; <i>West</i> v. <i>Lawyers</i> (1896), 64 Fed. Rep., 360; -<i>Parton</i> v. <i>Prang</i> (1872), 3 Cliff., 537; <i>Merrell</i> v. <i>Tice</i> (1881), 104 U. S. Rep., 557; <i>Boucicault</i> -v. <i>Hart</i> (1875), 13 Blatchf., 47; <i>Boucicault</i> v. <i>Fox</i> (1862), 5 Blatchf., 87; <i>Boucicault</i> v. <i>Wood</i> -(1867), 7 Am. L. R., 550; 2 Bis., 34; <i>Daly</i> v. <i>Walrath</i> (1899), 40 App. Div. N. Y., 220; <i>Carte</i> -v. <i>Ford</i> (1883), 15 Fed. Rep., 439; <i>Carte</i> v. <i>Duff</i> (1885), 25 Fed. Rep., 183; <i>Rees</i> v. <i>Peltzer</i> -(1874), 75 Ill., 475; <i>Ewer</i> v. <i>Coxe</i> (1824), 4 Wash. C. C., 487.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1631" href="#FNanchor_1631" class="label">[1631]</a> -<i>Boucicault</i> v. <i>Hart</i> (1875), 13 Blatchf., 47; <i>Daly</i> v. <i>Walrath</i> (1899), 40 App. Div. N. Y., -220; <i>Carte</i> v. <i>Ford</i> (1883), 15 Fed. Rep., 439; <i>Carte</i> v. <i>Duff</i> (1885), 25 Fed. Rep., 183.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1632" href="#FNanchor_1632" class="label">[1632]</a> -<i>M'Lean</i> v. <i>Fleming</i> (1877), 96 U. S. Rep., 245; <i>Estes</i> v. <i>Williams</i> (1884), 21 Fed. Rep., -189; <i>Social Register</i> v. <i>Howard</i> (1894), 60 Fed. Rep., 270.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1633" href="#FNanchor_1633" class="label">[1633]</a> -<i>Harper</i> v. <i>Holman</i> (1897), 84 Fed. Rep., 224.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1634" href="#FNanchor_1634" class="label">[1634]</a> -<i>Social Register</i> v. <i>Howard</i> (1894), 60 Fed. Rep., 270.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1635" href="#FNanchor_1635" class="label">[1635]</a> -<i>Estes</i> v. <i>Williams</i> (1884), 21 Fed. Rep., 189; <i>Estes</i> v. <i>Leslie</i> (1886), 27 Fed. Rep., 22.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1636" href="#FNanchor_1636" class="label">[1636]</a> -<i>Aronson</i> v. <i>Fleckenstein</i> (1886), 28 Fed. Rep., 75.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1637" href="#FNanchor_1637" class="label">[1637]</a> -<i>Merriam</i> v. <i>Holloway</i> (1890), 43 Fed. Rep., 450; <i>Merriam</i> v. <i>Famous Shoe</i> (1891), 47 -Fed. Rep., 411.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1638" href="#FNanchor_1638" class="label">[1638]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1639" href="#FNanchor_1639" class="label">[1639]</a> -<i>Clemens</i> v. <i>Belford</i> (1883), 14 Fed. Rep., 728.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1640" href="#FNanchor_1640" class="label">[1640]</a> -<i>Clemens</i> v. <i>Belford</i> (1883), 14 Fed. Rep., 728; <i>Drummond</i> v. <i>Altemus</i> (1894), 60 Fed. -Rep., 338.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1641" href="#FNanchor_1641" class="label">[1641]</a> -<i>Drummond</i> v. <i>Altemus</i> (1894), 60 Fed. Rep., 338.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1642" href="#FNanchor_1642" class="label">[1642]</a> -<i>Kipling</i> v. <i>Fenno</i> (1900), 106 Fed. Rep., 692.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1643" href="#FNanchor_1643" class="label">[1643]</a> -<i>Doan</i> v. <i>American Book Co.</i> (1901), 105 Fed. Rep., 772.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1644" href="#FNanchor_1644" class="label">[1644]</a> -<i>Merriam</i> v. <i>Famous Shoe</i> (1891), 47 Fed. Rep., 411; <i>Merriam</i> v. <i>Texas Siftings</i> -(1892), 49 Fed. Rep., 944.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1645" href="#FNanchor_1645" class="label">[1645]</a> -<i>Dodd</i> v. <i>Smith</i> (1891), 144 Pa., 340.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1646" href="#FNanchor_1646" class="label">[1646]</a> -<i>Black</i> v. <i>Ehrich</i> (1891), 44 Fed. Rep., 793.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1647" href="#FNanchor_1647" class="label">[1647]</a> -<i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., 591; <i>Little</i> v. <i>Hall</i> (1855), 18 How., 165; <i>Bartlett</i> v. -<i>Crittenden</i> (1847), 4 M'L., 301; <i>Palmer</i> v. <i>De Witt</i> (1872), 47 N. Y., 532.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1648" href="#FNanchor_1648" class="label">[1648]</a> -<i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., 591; <i>Jones</i> v. <i>Thoms</i> (1843), 1 N. Y. Leg. Obs., 408; -<i>French</i> v. <i>Maguire</i> (1878), 55 How. (N. Y.) Pr., 471; <i>Oertel</i> v. <i>Wood</i> (1870), 40 How. Pr., -10; <i>Oertel</i> v. <i>Jacoby</i> (1872), 44 How., 179; <i>Rees</i> v. <i>Peltzer</i> (1874), 75 Ill., 475; <i>Crowe</i> v. -<i>Aiken</i> (1870), 2 Biss., 208; <i>Carte</i> v. <i>Bailey</i> (1874), 64 Maine, 458.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1649" href="#FNanchor_1649" class="label">[1649]</a> -<i>Wheaton</i> v. <i>Peters</i> (1834), 8 Pet., 591; <i>Palmer</i> v. <i>De Witt</i> (1872), 47 N. Y., 532; <i>Goldmark</i> -v. <i>Kreling</i> (1885), 25 Fed. Rep., 349; <i>Daly</i> v. <i>Walrath</i> (1899), 40 App. Div. N. Y., -220; 28 Chic. Leg. News, 49.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1650" href="#FNanchor_1650" class="label">[1650]</a> -See p. <a href="#Page_262">262</a>, <i>supra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1651" href="#FNanchor_1651" class="label">[1651]</a> -<i>Parton</i> v. <i>Prang</i> (1872), 3 Cliff., 537.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1652" href="#FNanchor_1652" class="label">[1652]</a> -See p. <a href="#Page_263">263</a>, <i>supra</i>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1653" href="#FNanchor_1653" class="label">[1653]</a> -<i>Oertel</i> v. <i>Wood</i> (1870), 40 How. Pr., 10; <i>Oertel</i> v. <i>Jacoby</i> (1872), 44 How. Pr., 179.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1654" href="#FNanchor_1654" class="label">[1654]</a> -<i>Tompkins</i> v. <i>Halleck</i> (1882), 133 Mass., 32; overruling <i>Keene</i> v. <i>Kimball</i> (1860), 16 Gray, -549; see <i>French</i> v. <i>Maguire</i> (1878), 55 How. (N. Y.) Pr., 471; <i>Crowe</i> v. <i>Aiken</i> (1870), 2 Biss., -208.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1655" href="#FNanchor_1655" class="label">[1655]</a> -<i>Palmer</i> v. <i>De Witt</i> (1872), 47 N. Y., 532.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1656" href="#FNanchor_1656" class="label">[1656]</a> -Act of March 3, 1891, sec. 9, amending Revised Statutes, 4967.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1657" href="#FNanchor_1657" class="label">[1657]</a> -<i>Press</i> v. <i>Munroe</i> (1896), 73 Fed. Rep., 196.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1658" href="#FNanchor_1658" class="label">[1658]</a> -<i>Palmer</i> v. <i>De Witt</i> (1872), 47 N. Y., 532.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1659" href="#FNanchor_1659" class="label">[1659]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1660" href="#FNanchor_1660" class="label">[1660]</a> -<i>Parton</i> v. <i>Prang</i> (1872), 3 Cliff., 537.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1661" href="#FNanchor_1661" class="label">[1661]</a> -See pp. 152-4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1662" href="#FNanchor_1662" class="label">[1662]</a> -Repealed by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1663" href="#FNanchor_1663" class="label">[1663]</a> -Repealed by Stat. Law Rev. Act, 1867.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1664" href="#FNanchor_1664" class="label">[1664]</a> -Repealed by Stat. Law Rev. Act, 1887.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1665" href="#FNanchor_1665" class="label">[1665]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1666" href="#FNanchor_1666" class="label">[1666]</a> -Repealed by Stat. Law Rev. Act, 1867.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1667" href="#FNanchor_1667" class="label">[1667]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1668" href="#FNanchor_1668" class="label">[1668]</a> -Repealed by The Public Authorities Protection Act, 1893.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1669" href="#FNanchor_1669" class="label">[1669]</a> -See p. <a href="#Page_61">61</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1670" href="#FNanchor_1670" class="label">[1670]</a> -41 Geo. III., c. 107, extends the privileges of this Act to Dublin.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1671" href="#FNanchor_1671" class="label">[1671]</a> -See p. <a href="#Page_61">61</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1672" href="#FNanchor_1672" class="label">[1672]</a> -See p. <a href="#Page_61">61</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1673" href="#FNanchor_1673" class="label">[1673]</a> -This section is repealed by the Public Authorities Protection Act, 1893, and the provisions -of that Act substituted therefor in so far as they may be held to apply.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1674" href="#FNanchor_1674" class="label">[1674]</a> -A "full and reasonable indemnity" is substituted by 5 & 6 Vict. c. 97, sec. 2. These -words in the above section printed in italics were subsequently repealed by Stat. Law Rev. -Act, 1861.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1675" href="#FNanchor_1675" class="label">[1675]</a> -See p. <a href="#Page_161">161</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1676" href="#FNanchor_1676" class="label">[1676]</a> -See p. <a href="#Page_162">162</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1677" href="#FNanchor_1677" class="label">[1677]</a> -A "full and reasonable indemnity" is substituted by 5 & 6 Vict. c. 97, sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1678" href="#FNanchor_1678" class="label">[1678]</a> -Repealed Stat. Law Rev. Act, 1873 (1).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1679" href="#FNanchor_1679" class="label">[1679]</a> -Repealed Stat. Law Rev. Act, 1890 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1680" href="#FNanchor_1680" class="label">[1680]</a> -See p. <a href="#Page_123">123</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1681" href="#FNanchor_1681" class="label">[1681]</a> -See p. <a href="#Page_139">139</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1682" href="#FNanchor_1682" class="label">[1682]</a> -See p. <a href="#Page_135">135</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1683" href="#FNanchor_1683" class="label">[1683]</a> -See p. <a href="#Page_126">126</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1684" href="#FNanchor_1684" class="label">[1684]</a> -See p. <a href="#Page_142">142</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1685" href="#FNanchor_1685" class="label">[1685]</a> -A "full and reasonable indemnity" substituted by 5 & 6 Vict. c. 97, sec. 2. See p. <a href="#Page_144">144</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1686" href="#FNanchor_1686" class="label">[1686]</a> -See p. <a href="#Page_57">57</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1687" href="#FNanchor_1687" class="label">[1687]</a> -Repealed Stat. Law Rev. Act, 1890.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1688" href="#FNanchor_1688" class="label">[1688]</a> -Repealed Stat. Law Rev. Act, 1888 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1689" href="#FNanchor_1689" class="label">[1689]</a> -5 & 6 Vict. c. 97, sec. 2, substitutes "a full and reasonable indemnity."</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1690" href="#FNanchor_1690" class="label">[1690]</a> -Repealed Stat. Law Rev. Act 1890 (2). See p. <a href="#Page_13">13</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1691" href="#FNanchor_1691" class="label">[1691]</a> -Repealed Stat. Law Rev. Act, 1874 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1692" href="#FNanchor_1692" class="label">[1692]</a> -See p. <a href="#Page_10">10</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1693" href="#FNanchor_1693" class="label">[1693]</a> -See pp. 36, 148.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1694" href="#FNanchor_1694" class="label">[1694]</a> -See p. <a href="#Page_12">12</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1695" href="#FNanchor_1695" class="label">[1695]</a> -See p. <a href="#Page_123">123</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1696" href="#FNanchor_1696" class="label">[1696]</a> -See p. <a href="#Page_74">74</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1697" href="#FNanchor_1697" class="label">[1697]</a> -See p. <a href="#Page_38">38</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1698" href="#FNanchor_1698" class="label">[1698]</a> -See pp. 42, 62.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1699" href="#FNanchor_1699" class="label">[1699]</a> -Repealed Stat. Law Rev. Act, 1890 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1700" href="#FNanchor_1700" class="label">[1700]</a> -See p. <a href="#Page_119">119</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1701" href="#FNanchor_1701" class="label">[1701]</a> -Repealed Stat. Law Rev. Act, 1890 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1702" href="#FNanchor_1702" class="label">[1702]</a> -See p. <a href="#Page_55">55</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1703" href="#FNanchor_1703" class="label">[1703]</a> -See p. <a href="#Page_56">56</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1704" href="#FNanchor_1704" class="label">[1704]</a> -See pp. 47, 49-53.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1705" href="#FNanchor_1705" class="label">[1705]</a> -See p. <a href="#Page_53">53</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1706" href="#FNanchor_1706" class="label">[1706]</a> -See p. <a href="#Page_46">46</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1707" href="#FNanchor_1707" class="label">[1707]</a> -See p. <a href="#Page_78">78</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1708" href="#FNanchor_1708" class="label">[1708]</a> -See p. <a href="#Page_54">54</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1709" href="#FNanchor_1709" class="label">[1709]</a> -Repealed Stat. Law Rev. Act, 1893 (1).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1710" href="#FNanchor_1710" class="label">[1710]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1711" href="#FNanchor_1711" class="label">[1711]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1712" href="#FNanchor_1712" class="label">[1712]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1713" href="#FNanchor_1713" class="label">[1713]</a> -See p. <a href="#Page_85">85</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1714" href="#FNanchor_1714" class="label">[1714]</a> -See pp. 75, 77, 118.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1715" href="#FNanchor_1715" class="label">[1715]</a> -See p. <a href="#Page_92">92</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1716" href="#FNanchor_1716" class="label">[1716]</a> -See p. <a href="#Page_91">91</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1717" href="#FNanchor_1717" class="label">[1717]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1718" href="#FNanchor_1718" class="label">[1718]</a> -See p. <a href="#Page_66">66</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1719" href="#FNanchor_1719" class="label">[1719]</a> -See p. <a href="#Page_67">67</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1720" href="#FNanchor_1720" class="label">[1720]</a> -See p. <a href="#Page_68">68</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1721" href="#FNanchor_1721" class="label">[1721]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1722" href="#FNanchor_1722" class="label">[1722]</a> -There may be joint employers. See p. <a href="#Page_71">71</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1723" href="#FNanchor_1723" class="label">[1723]</a> -See p. <a href="#Page_71">71</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1724" href="#FNanchor_1724" class="label">[1724]</a> -See p. <a href="#Page_72">72</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1725" href="#FNanchor_1725" class="label">[1725]</a> -See pp. 49-53.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1726" href="#FNanchor_1726" class="label">[1726]</a> -Repealed Stat. Law Rev. Act, 1890 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1727" href="#FNanchor_1727" class="label">[1727]</a> -See p. <a href="#Page_131">131</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1728" href="#FNanchor_1728" class="label">[1728]</a> -See p. <a href="#Page_67">67</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1729" href="#FNanchor_1729" class="label">[1729]</a> -See p. <a href="#Page_131">131</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1730" href="#FNanchor_1730" class="label">[1730]</a> -See p. <a href="#Page_135">135</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1731" href="#FNanchor_1731" class="label">[1731]</a> -See p. <a href="#Page_89">89</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1732" href="#FNanchor_1732" class="label">[1732]</a> -See p. <a href="#Page_47">47</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1733" href="#FNanchor_1733" class="label">[1733]</a> -See p. <a href="#Page_133">133</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1734" href="#FNanchor_1734" class="label">[1734]</a> -The whole of section 26 is repealed by the Public Authorities Protection Act, 1893, in so -far as that Act applies. The result is probably that the first part of the section, printed in -italics, is entirely repealed. The second part of the section is probably not repealed except -in respect of actions against a person or body for acts done in performance of a public duty.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1735" href="#FNanchor_1735" class="label">[1735]</a> -See p. <a href="#Page_91">91</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1736" href="#FNanchor_1736" class="label">[1736]</a> -Repealed Stat. Law Rev. Act, 1874.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1737" href="#FNanchor_1737" class="label">[1737]</a> -Repealed Stat. Law Rev. Act, 1891.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1738" href="#FNanchor_1738" class="label">[1738]</a> -Repealed Stat. Law Rev. Act, 1874 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1739" href="#FNanchor_1739" class="label">[1739]</a> -Repealed International Copyright Act, 1886, sec. 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1740" href="#FNanchor_1740" class="label">[1740]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1741" href="#FNanchor_1741" class="label">[1741]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1742" href="#FNanchor_1742" class="label">[1742]</a> -See pp. 41, 128, 151, 162, 168.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1743" href="#FNanchor_1743" class="label">[1743]</a> -Repealed Stat. Law Rev. Act, 1874 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1744" href="#FNanchor_1744" class="label">[1744]</a> -Usually known as The Foreign Reprints Act. See p. <a href="#Page_187">187</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1745" href="#FNanchor_1745" class="label">[1745]</a> -Repealed Stat. Law Rev. Act, 1891.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1746" href="#FNanchor_1746" class="label">[1746]</a> -Repealed Stat. Law Rev. Act, 1875.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1747" href="#FNanchor_1747" class="label">[1747]</a> -Repealed; Patents, Designs, and Trade Marks Act, 1883.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1748" href="#FNanchor_1748" class="label">[1748]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1749" href="#FNanchor_1749" class="label">[1749]</a> -Works produced in the following countries received protection under this Act. The -dates appended are the dates of the respective Orders in Council: France, Order in Council, -dispensed with; Prussia, Oct. 19, 1855; Belgium, Feb. 8, 1855; Italy, Sept. 9, 1865; Sardinia, -Feb. 4, 1861; Spain, Sept. 24, 1857; Nov. 20, 1880.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1750" href="#FNanchor_1750" class="label">[1750]</a> -Secs. I.-V. repealed; Int. Copyright Act, 1886, sec. 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1751" href="#FNanchor_1751" class="label">[1751]</a> -Sec. VIII. is repealed: Int. Cop. Act, 1886, sec. 12.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1752" href="#FNanchor_1752" class="label">[1752]</a> -See p. <a href="#Page_170">170</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1753" href="#FNanchor_1753" class="label">[1753]</a> -See p. <a href="#Page_167">167</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1754" href="#FNanchor_1754" class="label">[1754]</a> -See p. <a href="#Page_181">181</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1755" href="#FNanchor_1755" class="label">[1755]</a> -See p. <a href="#Page_174">174</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1756" href="#FNanchor_1756" class="label">[1756]</a> -See p. <a href="#Page_175">175</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1757" href="#FNanchor_1757" class="label">[1757]</a> -See p. <a href="#Page_171">171</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1758" href="#FNanchor_1758" class="label">[1758]</a> -See p. <a href="#Page_179">179</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1759" href="#FNanchor_1759" class="label">[1759]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1760" href="#FNanchor_1760" class="label">[1760]</a> -See p. <a href="#Page_180">180</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1761" href="#FNanchor_1761" class="label">[1761]</a> -Repealed Stat. Law Rev. Act, 1893 (1).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1762" href="#FNanchor_1762" class="label">[1762]</a> -Ibid.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1763" href="#FNanchor_1763" class="label">[1763]</a> -See p. <a href="#Page_178">178</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1764" href="#FNanchor_1764" class="label">[1764]</a> -Repealed Stat. Law Rev. Act, 1893 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1765" href="#FNanchor_1765" class="label">[1765]</a> -See p. <a href="#Page_188">188</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1766" href="#FNanchor_1766" class="label">[1766]</a> -Repealed Stat. Law Rev. Act, 1893 (2).</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1767" href="#FNanchor_1767" class="label">[1767]</a> -See p. <a href="#Page_91">91</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1768" href="#FNanchor_1768" class="label">[1768]</a> -Repealed Stat. Law Rev. Act, 1898.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1769" href="#FNanchor_1769" class="label">[1769]</a> -See p. <a href="#Page_131">131</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1770" href="#FNanchor_1770" class="label">[1770]</a> -Repealed Copyright (Musical Compositions) Act, 1888.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1771" href="#FNanchor_1771" class="label">[1771]</a> -Repealed Stat. Law Rev. Act, 1898.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1772" href="#FNanchor_1772" class="label">[1772]</a> -See p. <a href="#Page_197">197</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1773" href="#FNanchor_1773" class="label">[1773]</a> -See pp. 40, 187, 191; 7 & 8 Vict. c. 12, sec. 19.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1774" href="#FNanchor_1774" class="label">[1774]</a> -See p. <a href="#Page_186">186</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1775" href="#FNanchor_1775" class="label">[1775]</a> -Repealed Stat. Law Rev. Act, 1898.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1776" href="#FNanchor_1776" class="label">[1776]</a> -See p. <a href="#Page_144">144</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1777" href="#FNanchor_1777" class="label">[1777]</a> -See p. <a href="#Page_201">201</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1778" href="#FNanchor_1778" class="label">[1778]</a> -Those portions of the Convention printed in italics have been altered by the Additional -Act of Paris, 1896. Norway, although a signatory of the Convention, has not acceded to the -Additional Act.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1779" href="#FNanchor_1779" class="label">[1779]</a> -See paragraph 2 of Final Protocol.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1780" href="#FNanchor_1780" class="label">[1780]</a> -See paragraph 4 of Final Protocol.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1781" href="#FNanchor_1781" class="label">[1781]</a> -See paragraph 5 of Final Protocol.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1782" href="#FNanchor_1782" class="label">[1782]</a> -The following countries subsequently acceded to the Berne Convention and joined the -Copyright Union. By various Orders in Council of the respective dates given hereunder the -provisions of the International Copyright Acts and of the above Order in Council were extended -to the acceding countries, viz.: -</p> -<p> -Luxembourg, August 10, 1888; Monaco, October 15, 1889; Montenegro, May 11, 1893; -Norway, August 1, 1896; Japan, August 8, 1899. -</p> -<p> -Montenegro subsequently seceded August 9, 1899.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1783" href="#FNanchor_1783" class="label">[1783]</a> -All the Orders in Council under the International Copyright Acts, 1844 and 1852.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1784" href="#FNanchor_1784" class="label">[1784]</a> -The following countries subsequently acceded to the Additional Act of Paris. By Orders -in Council of the respective dates given hereunder the provisions of the above Order in -Council are extended to the acceding countries, viz.: -</p> -<p> -Haiti, May 19, 1898; Japan, August 8, 1899.<br /> -Montenegro subsequently seceded August 9, 1899.<br /> -</p> -</div> - -<div class="footnote"> - -<p><a id="Footnote_1785" href="#FNanchor_1785" class="label">[1785]</a> -See p. <a href="#Page_60">60</a>.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1786" href="#FNanchor_1786" class="label">[1786]</a> -Not to include labels. Act of Congress, June 18, 1874, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1787" href="#FNanchor_1787" class="label">[1787]</a> -Amended section substituted by Act of Congress, March 3, 1891, sec. 1.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1788" href="#FNanchor_1788" class="label">[1788]</a> -Amended section substituted by Act of Congress, March 3, 1891, sec. 2.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1789" href="#FNanchor_1789" class="label">[1789]</a> -Omission to deposit copies, description, or photographs within the prescribed time -could have been rectified by deposit before March 1, 1893: Act of Congress, March 3, 1893.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1790" href="#FNanchor_1790" class="label">[1790]</a> -Amended section substituted by Act of Congress, March 3, 1891, sec. 3.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1791" href="#FNanchor_1791" class="label">[1791]</a> -<i>Amended Act of Congress, June</i> 18, 1874, <i>sec. 2.</i></p></div> - -<div class="footnote"> - -<p><a id="Footnote_1792" href="#FNanchor_1792" class="label">[1792]</a> -Amended section substituted by Act of Congress, March 3, 1891, sec. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1793" href="#FNanchor_1793" class="label">[1793]</a> -Amended section substituted by Act of Congress, March 3, 1891, sec. 5.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1794" href="#FNanchor_1794" class="label">[1794]</a> -Act of Congress, June 18, 1874, substitutes "upon some visible portion thereof, or of the -substance upon which the same shall be mounted." Act of Congress, August 1, 1882, provides -that in the case of designs for decorative articles the notice may be put on the back or -bottom, &c.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1795" href="#FNanchor_1795" class="label">[1795]</a> -Act of Congress, June 18, 1874, provides an alternative form of notice.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1796" href="#FNanchor_1796" class="label">[1796]</a> -<i>Amended section substituted by Act of Congress, March 3, 1891, sec. 6.</i> Further amended -section substituted by Act of Congress, March 3, 1897.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1797" href="#FNanchor_1797" class="label">[1797]</a> -Amended section substituted by Act of Congress, March 3, 1891, sec. 7.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1798" href="#FNanchor_1798" class="label">[1798]</a> -<i>Amended section substituted by Act of Congress, March 3, 1891, sec. 8.</i> Further amended -section substituted by Act of Congress, March 2, 1895.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1799" href="#FNanchor_1799" class="label">[1799]</a> -Amended section substituted by Act of Congress, January 6, 1897.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1800" href="#FNanchor_1800" class="label">[1800]</a> -Amended section substituted by Act of Congress, March 3, 1891, sec. 9.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1801" href="#FNanchor_1801" class="label">[1801]</a> -Repealed by Act of Congress, March 3, 1891, sec. 10.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1802" href="#FNanchor_1802" class="label">[1802]</a> -Superseded by Act of Congress, March 3, 1891, sec. 4.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1803" href="#FNanchor_1803" class="label">[1803]</a> -Omission to deposit copies, description, or photographs within the prescribed time could -have been rectified by deposit before March 1, 1893: Act of Congress, March 3, 1893.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1804" href="#FNanchor_1804" class="label">[1804]</a> -Amended section substituted by Act of Congress, March 3, 1897.</p></div> - -<div class="footnote"> - -<p><a id="Footnote_1805" href="#FNanchor_1805" class="label">[1805]</a> -Amended section substituted by Act of Congress, March 2, 1895.</p></div></div> - -<div class="transnote"> - -<p class="caption">Trancriber's Note:</p> - -<p>Inconsistent spelling as in the original.</p> - -<p>Punctuation normalised throughout.</p> - -</div> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of A Treatise Upon the Law of Copyright -in the United Kingdom and the Dominions of the Crown, by E. 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