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should have the sole liberty of printing and re-printing such book or books for the full term of twenty-eight years, to commence from the day 3 W.4, c. 15. 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; be it therefore enacted, &c., That from and after the passing of this act the author of The author of any tragedy, comedy, play, opera, farce, or any other dramatic piece or any dramatic entertainment, composed, and not printed and published by the author piece shall have thereof or his assignee, or which hereafter shall be composed, and not as his property printed or published by the author thereof or his assignee, or the assigthe sole liberty nee of such author, shall have as his own property the sole liberty of of representing it or causing it representing, or causing to be represented, at any place or places of dramatic entertainment whatsoever, in any part of the United Kingdom ed at any place to be representof Great Britain and Ireland, in the isles of Man, Jersey, and Guernsey, of dramatic or in any part of the British dominions, any such production as afore- entertainment. said, not printed and published by the author thereof or his assignee, and shall be deemed and taken to be the proprietor thereof; and that the author of any such production, printed and published within ten years before the passing of this act by the author thereof or his as signee, (1) 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 twentyeight 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, 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: Pro- Proviso as to vided nevertheless, that nothing in this act contained shall prejudice, cases where alter, or affect the right or authority of any person to represent or cause previous to the to be represented, at any place or places of dramatic entertainment what- passing of this soever, any such production as aforesaid, in all cases in which the act, a consent author thereof or his assignee shall, previously to the passing of this has been given. act, have given his consent to or authorized such representation, but that such sole liberty of the author or his assignee shall be subject to such right or authority.
II. That if any person shall, during the continuance of such sole Penalty on liberty as aforesaid, contrary to the intent of this act, or right of the persons perauthor or his assignee, represent, or cause to be represented, without forming pieces the consent in writing of the author or other proprietor first had and contrary to this obtained, at any place of dramatic entertainment within the limits afore- act. said, 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, together with double costs of suit, 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
(1) The assignee of the copyright of a dramatic work printed and published within ten years before the passing of this act (or subsequently to the act no express reservation of the exclusive right to the representation being made by the author), and not the author who has assigned such copyright, is entitled under the above section to the sole right of representing the piece, or causing it to be represented. Cumberland v. Planché, 3 Nev. & M. 537.
3 W. 4, c. 15.
the same to be subject to such right or authority, or otherwise mentioning the same.
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.
IV. That 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.
[No. II.] 5 & 6 W. 4, c. 65.—An Act for preventing the Publication of Lectures without Consent.
[9th September 1835.] 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 detriAuthors of lec- ment of such authors and lecturers: Be it enacted, &c., That from and tures, or their after the first day of September one thousand eight hundred and thirtyassigns, to have five the author of any lecture or lectures, or the person to whom he hath the sole right of sold or otherwise conveyed the copy thereof, in order to deliver the publishing same in any school, seminary, institution, or other place, or for any other purpose, shall have the sole right and liberty of printing and Penalty on publishing such lecture or lectures; and that if any person shall, by other persons taking down the same in short hand or otherwise in writing, or in any publishing, &c. other way, obtain or make a copy of such lecture or lectures, and shall lectures with 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, his heirs or successors, 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 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.
Penalty on printers or publishers of news papers publishing lectures
II. That 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.
III. That no person allowed for certain fee and reward, or otherwise, leave to attend to attend and be present at any lecture delivered in any place, shall be lectures not on deemed and taken to be licensed or to have leave to print, copy, and licensed to pub- publish such lectures only because of having leave to attend such
lecture or lectures.
IV. Provided always, That nothing in this act shall extend to proAct not to prohibit any person from printing, copying, and publishing any lecture or hibit the publishing of lec- lectures which have or shall have been printed and published with tures after ex- 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 5 & 6 W. 4, 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 piration of the passed in the fifty-fourth year of the reign of king George the third, inti- copyright. tuled An Act to amend the several Acts for the Encouragement of Learn- 8 Anne, c. 19. ing, 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.
54 G. 3, c. 156.
V. Provided further, That nothing in this act shall extend to any Act not to exlecture or lectures, or the printing, copying, or publishing any lecture tend to lectures or lectures, or parts thereof, of the delivering of which notice in writing delivered in unshall not have been given to two justices living within five miles from licensed places, the place where such lecture or lectures shall be delivered two days at &c. 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.
[No. III.] 5 & 6 W. IV. c. 83.-An Act to amend the Law touching Letters Patent for Inventions.
a disclaimer of
[10th September 1835.] WHEREAS it is expedient to make certain additions to and alterations in the present law touching letters patent for inventions, as well for the better protecting of patentees in the rights intended to be secured by such letters patent, as for the more ample benefit of the public from the same: Be it enacted, &c., That any person who, as Any person grantee, assignee, or otherwise, hath obtained or who shall hereafter having obtainobtain letters patent, for the sole making, exercising, vending, or using ed letters patent of any invention, may, if he think fit, enter with the clerk of the for any inventents of England, Scotland, or Ireland, respectively, as the case may tion be, may enter having first obtained the leave of his Majesty's attorney general or solicitor general in case of an English patent, of the lord advocate or soli- any part of his specification, or citor general of Scotland in the case of a Scotch patent, or of his Ma- a memorandum jesty's attorney general or solicitor general for Ireland in the case of an of any alteraIrish patent, certified by his fiat and signature, a disclaimer of any part tion therein, of either the title of the invention or of the specification, stating the which, when reason for such disclaimer, or may, with such leave as aforesaid, enter filed, to be a memorandum of any alteration in the said title or specification, not deemed part of being such disclaimer or such alteration as shall extend the exclusive such specification. right granted by the said letters patent; and such disclaimer or memorandum of alteration, being filed by the said clerk of the patents, and enrolled with the specification, shall be deemed and taken to be part of such letters patent or such specification in all courts whatever: Provided Caveat may be always, that any person may enter a caveat, in like manner as caveats entered as hereare now used to be entered, against such disclaimer or alteration; tofore. which caveat being so entered shall give the party entering the same a right to have notice of the application being heard by the attorney gene.
ral or solicitor general or lord advocate respectively: Provided also, Disclaimer not That no such disclaimer or alteration shall be receivable in evidence in to affect actions any action or suit (save and except in any proceeding by scire facias) pending at the pending at the time when such disclaimer or alteration was enrolled, time. but in every such action or suit the original title and specification alone shall be given in evidence, and deemed and taken to be the title and specification of the invention for which the letters patent have been or shall have been granted: Provided also, That it shall be lawful for the
ral may require the party to ad
5 & 6 W. 4,
attorney general or solicitor general or lord advocate, before granting such fiat, to require the party applying for the same to advertise his disclaimer or alteration in such manner as to such attorney general or solicitor general or lord advocate shall seem right, and shall, if he so vertise his dis require such advertisement, certify in his fiat that the same has been duly made.
ceeding where patentee is proved not to
be the real in
himself to be so.
If in any action or suit a ver
dict or decree shall pass for the patentee, the judge may grant a certificate, which
II. That if in any suit or action it shall be proved or specially found by the verdict of a jury that any person who shall have obtained letters patent for any invention or supposed invention was not the first inventor thereof, or of some part thereof, by reason of some other person or persons having invented or used the same, or some part thereof, before the date of such letters patent, or of such patentee or his assigns shall discover that some other person had, unknown to such patentee, invented or used the same, or some part thereof, before the date of such letters patent, it shall and may be lawful for such patentee or his assigns to petition his Majesty in council to confirm the said letters patent or to grant new letters patent, the matter of which petition shall be heard before the judicial committee of the privy council; and such committee, upon examining the said matter, and being satisfied that such patentee believed himself to be the first and original inventor, and being satisfied that such invention or part thereof had not been publicly and generally used before the date of such first letters patent, may report to his Majesty their opinion that the prayer of such petition ought to be complied with, whereupon his Majesty may, if he think fit, grant such prayer; and the said letters patent shall be available in law and equity to give to such petitioner the sole right of using, making, and vending such invention as against all persons whatsoever, any law, usage, or custom to the contrary thereof notwithstanding: Provided, That any person opposing such petition shall be entitled to be heard before the said judicial committee: Provided also, That any person, party to any former suit or action touching such first letters patent, shall be entitled to have notice of such petition before presenting the same.
III. That if any action at law or any suit in equity for an account shall be brought in respect of any alleged infringement of such letters patent heretofore or hereafter granted, or any scire facias to repeal such letters patent, and if a verdict shall pass for the patentee or his assigns, or if a final decree or decretal order shall be made for him or them, upon the merits of the suit, it shall be lawful for the judge before whom such action shall be tried to certify on the record, or the judge who being given in shall make such decree or order to give a certificate under his hand, evidence in any that the validity of the patent came in question before him, which reother suit shall cord or certificate being given in evidence in any other suit or action entitle the whatever touching such patent, if a verdict shall pass, or decree or depatentee, upon cretal order be made, in favour of such patentee or his assigns, he or a verdict in his they shall receive treble costs in such suit or action, to be taxed at three favour, to retimes the taxed costs, unless the judge making such second or other ceive treble decree or order, or trying such second or other action, shall certify that he ought not to have such treble costs.
Mode of proIV. That if any person who now hath or shall hereafter obtain any ceeding in case letters patent as aforesaid shall advertise in the London Gazette three of application times, and in three London papers, and three times in some country for the prolonpaper published in the town where or near to which he carried on any gation of the manufacture of any thing made according to his specification, or near term of a to or in which he resides in case he carried on no such manufacture, or published in the county where he carries on such manufacture or where he lives in case there shall not be any paper published in such town, that he intends to apply to his Majesty in council for a prolongation of his term of sole using and vending his invention, and shall petition his Majesty in council to that effect, it shall be lawful for any person to enter a caveat at the council office; and if his Majesty shall refer the consideration of such petition to the judicial committee of the privy council, and notice shall first be by him given to any person or persons who
shall have entered such caveats, the petitioner shall be heard by his counsel and witnesses to prove his case, and the persons entering 5 & 6 W. 4, caveats shall likewise be heard by their counsel and witnesses; whereupon, and upon hearing and inquiring of the whole matter, the judicial committee may report to his Majesty that a further extension of the term in the said letters patent should be granted, not exceeding seven years; and his Majesty is hereby authorized and empowered, if he shall think fit, to grant new letters patent for the said invention for a term not exceeding seven years after the expiration of the first term, any law, custom, or usage to the contrary in anywise notwithstanding: Provided that no such extension shall be granted if the application by petition shall not be made and prosecuted with effect before the expiration of the term originally granted in such letters patent.
V. That in any action brought against any person for infringing any In case of acletters patent the defendant on pleading thereto shall give to the plaintiff, tion, &c. notice and in any scire facias to repeal such letters patent the plaintiff shall file of objections to with his declaration, a notice of any objections on which he means to be rely at the trial of such action, and no objection shall be allowed to be made in behalf of such defendant or plaintiff respectively at such trial unless he prove the objections stated in such notice: Provided always, That it shall and may be lawful for any judge at chambers, on summons served by such defendant or plaintiff on such plaintiff or defendant respectively to show cause why he should not be allowed to offer other objections whereof notice shall not have been given as aforesaid, to give leave to offer such objections, on such terms as to such judge shall seem fit.
VI. That in any action brought for infringing the right granted by As to costs in any letters patent, in taxing the costs thereof regard shall be had to the actions for inpart of such case which has been proved at the trial, which shall be fringing letters certified by the judge before whom the same shall be had, and the costs patent. of each part of the case shall be given according as either party has succeeded or failed therein, regard being had to the notice of objections, as well as the counts in the declaration, and without regard to the general result of the trial.
VII. That if any person shall write, paint, or print, or mould, cast, or carve, or engrave or stamp, upon any thing made, used, or sold by him, for the sole making or selling of which he hath not or shall not have obtained letters patent, the name or any imitation of the name of any other person who hath or shall have obtained letters patent for the sole making and vending of such thing, without leave in writing of such patentee or his assigns, or if any person shall upon such thing, not having been purchased from the patentee or some person who purchased it from or under such patentee, or not having had the licence or consent in writing of such patentee or his assigns, write, paint, print, mould, cast, carve, engrave, stamp, or otherwise mark the word "Patent," the words "Letters Patent," or the words "By the King's Patent," or any words of the like kind, meaning, or import, with a view of imitating or counterfeiting the stamp, mark, or other device of the patentee, or shall in any other manner imitate or counterfeit the stamp or mark or other device of the patentee, he shall for every such offence be liable to a penalty of fifty pounds, to be recovered by action of debt, bill, plaint, process, or information in any of his Majesty's courts of record at Westminster or in Ireland, or in the court of session in Scotland, one half to his Majesty, his heirs and successors, and the other to any person who shall sue for the same: Provided always, That nothing herein contained shall be construed to extend to subject any person to any penalty in respect of stamping or in any way marking the word "Patent" upon any thing made, for the sole making or vending of which a patent before obtained shall have expired.
using, unauthorised, the name of a patentee,