in any such action where damages shall be awarded double costs of suit or expences of process shall be allowed.

have any

it states that

IX. Provided always, and be it enacted, That no No order in such order in council shall have any effect unless it council to shall be therein stated, as the ground for issuing the effect unless same, that due protection for the benefit of the reciprocal authors of printed books first published in the do- protection is minions of her Majesty, and their assigns, has been secured by the foreign power in whose dominions the books to which such order in council shall relate shall be first published.

X. And be it enacted, That it shall be lawful for Orders in council may her Majesty, by an order in council, from time to be revoked. 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.

be

and to have

XI. And be it enacted, That every order in coun- Orders in cil to be made under the authority of this act shall, published as soon as may be after the making thereof by her in Gazette, Majesty in council, be published in the London Ga- same effect zette, and from the time of such publication shall as this act have the same effect as if every part thereof were included in this act.

laid before

XII. And be it enacted, That a copy of every Orders in order of her Majesty in council made under this council to be act shall be laid before both houses of parliament 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.

of books first

abroad.

XIII. Provided always, and be it enacted, That Translations nothing in this act contained shall be construed to published 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.

authors not

XIV. And be it enacted, That the author of any Foreign book to be after the passing of this act first pub- entitled to lished out of her Majesty's dominions, or his assigns, copyright

E3

under Limitation of actions.

shall have no copyright therein within her Majesty's dominions otherwise than such (if any) as he may become entitled to under this act.

XV. Provided nevertheless, and be it enacted, That all actions, suits, bills, indictments, or informations for any offence that shall be committed against this act shall be brought, sued, and commenced within twelve months next after such offence committed, and not afterwards.

InterpretXVI. And be it enacted, That in the construction ation clause. of this act the word "book" shall be construed to in

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clude "volume," "pamphlet," "sheet of letter-press," "sheet of music," "map," "chart," or "plan"; and the words " printing" and "reprinting" shall include engraving and any other method of multiplying copies; and the expression "her Majesty shall include the heirs and successors of her Majesty; and the expressions "order of her Majesty in council" and "order in council" shall respectively mean order of her Majesty, acting by and with the advice of her Majesty's most honourable privy council; 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.

XVII. And be it enacted, That this act may be amended or repealed by any act to be passed in this present session of parliament.

No. III.

5 & 6 VICT. c. 45. An Act to amend the Law of Copyright. [1st July, 1842.]

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; be it 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, That from the passing of this Repeal of act, an act passed in the eighth year of the reign of former acts; her Majesty Queen Anne, intituled "An Act for 8 Anne, c. 19. 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 41 G. 3. c. 107. 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 54 G. 3. c. 156. 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 law 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.

Interpretation of act.

Endurance of term of

copyright in

II. And be it enacted, That in the construction of this act, the word "book" shall be construed to mean and include every volume, part or division of a volume, pamphlet, sheet of letter-press, sheet of music, map, chart, or plan separately published; that the words "dramatic piece" shall be construed to mean and include every tragedy, comedy, play, opera, farce, or other scenic, musical, or dramatic entertainment; that 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; that the words "personal representative" shall be construed to mean and include every executor, administrator, and next of kin entitled to administration; 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; that 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 that 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.

III. And be it enacted, That the copyright in every book which shall after the passing of this act

be published in the lifetime of its author shall be published endure for the natural life of such author, and for

the further term of seven years, commencing at the in the lifetime of his death, and shall be the property of such time of the

author;

after the

author and his assigns: provided always, that if the said term of seven 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 that the copy- if published right in every book which shall be published after author's the death of its author shall endure for the term of death. 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.

be extended, it shall be

con

than natural

IV. And whereas it is just to extend the benefits In cases of subsisting of this act to authors of books published before the copyright, passing thereof, and in which copyright still sub- the term to sists; be it enacted, That the copyright which at except when the time of the passing of this act shall subsist in long to an any book theretofore published (except as herein- assignee for after mentioned) shall be extended and endure for sideration the full term provided by this act in cases of books love and thereafter published, and shall be the property of affection; in the person who at the time of passing of this act it shall cease shall be the proprietor of such copyright: provided ation of the always, that in all cases in which such copyright present term, shall belong in whole or in part to a publisher or extension be other person who shall have acquired it for other betwe consideration than that of natural love and affection, proprietor such copyright shall not be extended by this act, but author. 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

which case

at the expir

its

the