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the mere external appearance of a newspaper, e.g., The Times (a). But not in publications utterly devoid of literary value (6).

Special Crown and other rights.-Such being the general law of copyright, it will be proper to notice, in this place, that the Crown has the exclusive right of promulgating to the people all acts of state and government (c); and as the supreme head of the Church, the Crown has the same prerogative with respect to the liturgies, the books of divine service, and the authorized translation of the Bible, though, as regards the Bible (and also certain law books), the right has been considered as depending upon the circumstance of the same having been first made at the Crown's expense (d). These privileges are held, moreover, to extend to the Crown's grantees ; in which capacity the Universities of Oxford and Cambridge, within their respective jurisdictions, and the King's Printer, claim the right of printing the Bible and Book of Common Prayer, and Acts of Parliament and other acts of state, to the exclusion of all other presses (e). And the Universities of Oxford and Cambridge enjoy also, by the Copyright Act, 1775, the sole liberty of printing for ever, at their own presses, all books of which the copyright has been bequeathed or otherwise given to them, or their respective colleges, in perpetuity. A similar right belongs to the colleges of Eton, Westminster, and Winchester ; and it may be noticed, that the above Universities (and also certain public libraries) are entitled, on demand, to the delivery of a copy of every work which shall be published, while a copy must be delivered to the British Museum without demand (f).

(a) Walter v. Howe (1881), 17 Ch. D. 708.

(6) Chilton's Case, [1895] 2 Ch.

(d) 2 Bl. Com. 410; 4 Burr. 2329.

(e) Basket v. Cambridge Univer. sity (1758), 2 Burr. 661.

(s ) Copyright Act, 1842, ss. 7


(c) 2 Bl. Com. 410.

Copyright in lectures.—It was at one time a question, whether the law of copyright extended to the case of an oral lecture ; or whether, on the other hand, it was lawful for the hearer to commit the instruction he received to his note-book, or memory, and to publish it afterwards as his own, and for his own benefit.

The importance of this question was in some measure superseded by the provisions of the Lectures Copyright Act, 1835, under which the sole liberty for twenty-eight years of printing and publishing any lecture, of the intended delivery of which notice in writing had been given to two justices, living within five miles of the place of delivery, two days before it was delivered, was secured to the lecturer. But the Act did not provide for the case of lectures delivered in a university or college, or in a public school, or to lectures delivered by any individual in virtue of any gift, endowment, or foundation. As regards these and other cases not within the scope of the Act, the question, therefore, is, whether such lectures have or have not been published. If published and printed they would be the subject of copyright. If published but not printed, they would not be protected; but if delivered to such a limited audience, or under such other circumstances, as to involve an express or implied condition against the lectures being used for general publication, the author would have a common law right to be protected against their unauthorized publication (9). The peculiar case of copyright in reports of public speeches was considered by the House of Lords in the recent case of Walter v. Lane, [1900] A. C. 539, where it was held that, if the speaker claims no rights, the reporter has a copyright in his own report.

Dramatic and musical copyright.-Other kinds of literary composition, not being books as defined by the

(g) Caird v. Sime (1887), 12 A. C. 326 ; Nicols v. Pitman (1884), 26 Ch. D. 374.

Copyright Act, 1842, are now also protected from piracy ; and, in particular, with regard to dramatic (h) and musical compositions (c), it has been provided, by the Dramatic Copyright Act, 1833, and the Copyright Act, 1842, ss. 20, 21, as amended by the Copyright (Musical Compositions) Act, 1882, and by the Copyright (Musical Compositions) Act, 1888, that the author of such productions shall have, as his own property, the sole right of representation and performance of such compositions. On every copy published of a musical composition the right of public representation or performance must be expressed to be reserved (k), any inadvertent infringement of the copyright in a song being, however, pow dealt with (both as regards costs and otherwise) wholly as the court may in its discretion direct (1). By a very recent statute (the Musical (Summary Proceedings) Copyright Act, 1902), a summary remedy is provided against the infringement of musical copyright, in the case of the sale of pirated copies of a work by street hawkers.

Artistic copyright.-The law recognises also a species of copyright in some other productions of genius, e.g., under the Engraving Copyright Acts, 1734 and 1766, and the Prints Copyright Act, 1777 (m), in respect of engravings and prints ; under the Sculpture Copyright Act, 1814, in respect of sculptures, models, copies, and casts ; under the Patents, Designs, and Trade Marks Act, 1883 (n), in respect of designs for articles whether of ornament or of utility ; and under the Fine Arts Copyright Act, 1862, in respect of paintings, drawings, and photographs (0),--the requisites prescribed by the several

(h) Chatterton v. Care (1878), 3 A. C. 483.

(0) Wall v. Taylor (1883), 11 Q. B. D. 102; Eaton v. Lake (1888), 20 Q. B. D. 378 ; Chappell v. Boosey (1882), 21 Ch. D. 232.

(k) Fuller v. Blackpool Co., [1895] 2 Q. B. 429.

(l) The Act of 1888, ss. 1-3.

(m) Gambart v. Sumner (1859), 5 H. & N. 5; Lucas v. Cooke (1880), 13 Ch. D. 872.

(n) In re Clarke's Design, [1896] 2 Ch. 38.

(0) Pollard v. Photographic Co. (1889), 40 Ch. D. 345 ; Petty v. Taylor, [1897] 1 Ch. 465 ; Tuck v. Priester (1887), 19 Q. B. D. 636.

Acts for ensuring the privileges respectively thereby conferred being, of course, first duly complied with.

Colonial and International Copyright.-By the Colonial Copyright Act, 1847, works entitled to copyright in the United Kingdom are deciared entitled also to copyright in the colonies, and are protected against infringements accordingly; and by the International Copyright Act, 1886, s. 8, colonials have, on their part, the like copyright privileges for their original productions which foreigners have under the international copyright Acts next mentioned.

By the International Copyright Acts, 1844 to 1886, it is provided that the Crown, by order in council, may (1) as regards such books, prints, articles of sculpture, paintings, drawings, photographs, and other works of art as shall be, after a future time to be specified in the order, first published in any foreign country to be named in the order, allow the respective authors, inventors, artists, designers, engravers, or makers (and their personal representatives) the privileges of copyright therein for any period not exceeding the term for which the like productions would be protected if first published in the United Kingdom ; (2) as regards such dramatic pieces and musical compositions as shall be, after a future time specified in such order, first publicly represented or performed in any foreign country named in such order, allow the authors to have the sole liberty of representing and performing them within the British dominions during any period, not exceeding the time during which they would be entitled by law to such sole liberty, if the first representation or performance had been in the United Kingdom ; and (3) as regards translations of books first published, or of dramatic pieces first publicly represented in any foreign country, direct that the authors of such books or dramatic pieces shall be empowered to prevent the publication, in the British dominions, of any translations of such books, or the representation of any translations of such dramatic pieces not authorised by them, for such

time as shall be specified in the order (p). The Acts, however, provide that no such order in council is to have effect, unless, on the face of it, it be grounded on a due reciprocal protection secured by the foreign power therein named, for the benefit of parties interested in works first published in the dominions of his Majesty ; nor unless, within a limited time, the work sought to be protected be duly registered, and a copy thereof (if it be a book, a print, or a printed dramatic piece, or musical composition) deposited at Stationers' Hall ; nor (in the case of translations) unless the original work be registered, and a cony deposited in the United Kingdom, in the manner required for original works as above mentioned ; nor unless the author notifies on the title page his intention to reserve the right of translation ; nor unless a translation, sanctioned by the author, be published within ten years at the most ; nor unless such translation be registered, and a copy thereof deposited, as in the case of original works.


Definitions and history.-A trade mark may be shortly defined as some symbol applied or attached to goods sold by a particular trader in order to identify them as his gooils, and to distinguish them from similar goods sold by other traders (9). Previously to the Trade Marks Registration Acts, 1875 to 1877, there was no property in any trade mark or trade name which the law recognised ; but there was a sort of qualified right therein recognised by the law, sufficient to prevent any fraudulent use thereof in connection with the same classes of goods as those to which it had been appropriated by the original inventor

(q) Compare Richards v.Butcher, [1891] 2 Ch., pp. 532, 543.

(p) See Pitt Pitts v. George, [1896] 2 Ch. 866 ; Hanfstaengel v. American Tobacco Co., [1895] 1 Q. B. 347.

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