Title, Time, and Place of Publication with the Title, Time, and Place XVII. And be it enacted, That after the passing of this Act it shall British composed, &c. within printed under of 10l. and Books may be Officers of in a XVIII. (x) And be it enacted, That when any Publisher or other (u) As to Canada: see 38 & 39 Vict. c. 53, s. 4. Series, Re- zines. and portion so composed and paid for, shall be the Property of such Authors who have the Right separate Proprie- Works XIX. (y) And be it enacted, That the Proprietor of the Copyright thereon Benefit of The Pro- XX. (2) And whereas an Act was passed (3 Will. 4, c. 15) to amend visions of extended to Musical tions, and (y) See p. 135, ante. (z) See Chap. IV., pp. 70-90, ante. 5. 2 the Term of Copyright, as provided by this Act, applied to the وی Liberty of matic that the sole Liberty of representing or performing, or causing o XXI. And be it enacted, That the Person who shall at any Time have the sole Liberty of representing such Dramatic Piece or Musical Composition shall have and enjoy the Remedies given and provided in the said Act (3 Will. 4, c. 15) 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. tions. ད ན tors of sentations c. 15. Assign- of a Dramatic to convey XXII. And be it enacted, That 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 Composi- Copyright tion, unless an Entry in the said Registry Book shall be made of such Assignment, wherein shall be expressed the Intention of the Parties that such Right should pass by such Assignment. XXIII. And be it enacted, That 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 Books printed or imported without the Consent of the registered Proprietor pirated of such Copyright, in Writing under his Hand first obtained, shall be shall bedeemed to be the Property of the Proprietor of such Copyright, Property and who shall be registered as such, and such registered Proprietor of the shall, after Demand thereof in Writing, be entitled to sue for and Proprietor 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. come the of the right, and recovered No Proprietor of Copyright com mencing after this' Act shall sue or proceed for any Infringement before making Entry in the Book of Registry. Proviso for Dramatic Pieces. Copyright shall be Personal Property. Limita tion of Actions; not to extend to Actions, &c. in respect of the Delivery of Books. Saving the Rights of the Universi ties and the Col XXIV. And be it enacted, That 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 (a): 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 (3 Will. 4, c. 15) 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. XXV. And be it enacted, That 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 Moveable Estate. XXVI. And be it enacted, That 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; and 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 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 herein before mentioned. XXVII. Provided always, and be it enacted, That nothing in this Act contained shall affect or alter the Rights of the Two Universities of Oxford and Cambridge, the Colleges or Houses of Learning within the same, the Four Universities in Scotland, the College of the Holy (a) See ss. 11, 13, ante. West and Undivided Trinity of Queen Elizabeth near Dublin, and the leges of several Colleges of Eton, Westminster, and Winchester, in any Copy- Eton, rights heretofore and now vested or hereafter to be vested in such minster, Universities and Colleges respectively, anything to the contrary herein contained notwithstanding. and Win chester. Saving all subsisting Rights, Contracts, and En XXVIII. Provided also, and be it enacted, 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 gagements. remain in full force, anything herein contained to the contrary notwithstanding. XXIX. (b) And be it enacted, That this Act shall extend to the Extent of United Kingdom of Great Britain and Ireland, and to every Part of the Act. the British Dominions. SCHEDULE to which the preceding Act refers. No. 1. FORM of MINUTE of CONSENT to be entered at Stationers' Hall. WE, the undersigned, A. B. of the Author of a certain Book, intituled Y. Z. [or the personal Representative of the Author, as the case may be], and C. D. of do hereby certify, That we have consented and agreed to accept the Benefits of the Act passed in the Fifth Year of the Reign of Her Majesty Queen Victoria, cap. for the Extension of the Term of Copyright therein provided by the said Act, and hereby declare that such extended Term of Copyright therein is the Property of the said A. B. or C. D. To the Registering Officer appointed by the Stationers' Company. (b) See Chaps. VIII., IX., ante. |