BRITISH STATUTES THE ENGRAVING COPYRIGHT ACT, 1734. 8 GEO. II. c. 13. 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. I. WHEREAS divers Persons have by their own Genius, Industry, Pains, Preamble. 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 : 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: the pro perty of historical and other prints vested in Years. Name to be affixed to each Print. 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 After 24th shall be in the Year of our Lord One thousand seven hundred and thirty- June, 1735, 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, shall the Invenhave the sole Right and Liberty of printing and reprinting the same for tor for 14 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's 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 Penalty on work, as aforesaid, or in any other Manner copy and sell, or cause to be Printsellers engraved, etched, or copied and sold, in the Whole or in Part, by varying, pirating adding to, or diminishing from the main Design, or shall print, reprint, or same. 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 1 See pp. 152-4. or others Not to extend to Purchasers of Plates from the original Proprietors. Limitation of Actions. General Clause relating to J. Pine. 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: 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. III. 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:1 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. V. 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.2 1 Repealed by the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61). VI. And be it further enacted by the Authority aforesaid, That this Act Public 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.1 THE ENGRAVING COPYRIGHT ACT, 1766. 7 GEO. III. c. 38. An Act to amend and render more effectual an Act made in the Eighth I. 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, 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 herein-after mentioned. 8, G 2. The original Invensigners, or Engravers, &c., of tors, De Historical and other Prints, and shall cause Prints to be done from Works, such who &c., of their own Invention, and also such as shall engrave, &c., any Print taken from any Picture, Drawing, Model, or Sculpture, te Benefit and Protection are entitled to 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 herein-after mentioned, in like Manner as if such Print had been graved or drawn from the Original Design of such Graver, Etcher, present Act; 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 herein-after is mentioned. III. 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 of the recited and and those who shall engrave or import for Sale Copies of such Prints are liable to Penalties. U The sole Right of printing and reprinting 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 the late W. expired, and several base Copies of the same have been since printed and Hogarth's Prints, vested in his Widow and Execu trix for the Term of 20 years. 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 sixtyseven; 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 MezzoExpiration tinto 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.1 Penalty of any of the said Term ; such Copies were made and exposed to Sale after IV. Provided nevertheless, That the Proprietor or Proprietors of such excepted as 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 of 14 Years, subject to any of the Penalties contained in this Act; anything herein-before contained to the contrary thereof in anywise notwithstanding.2 the Term for which the said Works were first licensed, &c. 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. The Right intended to be secured by this and the former 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. VI. Provided also, That the Party prosecuting shall commence his Prosecution within the Space of Six Calendar Months after the Offence committed. 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 herein-before and in the said former Act mentioned. from the VIII. And if any Action or Suit shall be commenced or brought against Act, vested any Person or Persons whatsoever for doing, or causing to be done, anything in the Proprietors for in pursuance of this Act, the same shall be brought within the Space of Six the Term of Calendar Months after the Fact committed; and the Defendant or Defendants 28 Years in any such Action or Suit shall or may plead the General Issue, and give first Pubthe Special Matter in Evidence; and if, upon such Action or Suit, a Verdict lication. shall be given for the Defendant or Defendants, or if the Plaintiff or Plaintiffs Limitation. become nonsuited, or discontinue his, her, or their Action or Actions, then the of Actions. Defendant or Defendants shall have and recover full Costs; for the Recovery General whereof he shall have the same Remedy as any other Defendant or Defendants, any other Case, hath or have by Law.1 in THE COPYRIGHT ACT, 1775.2 (UNIVERSITY COPYRIGHT), 15 GEO. III. c. 53. 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: Issue. Full Costs. Universities, &c., in England and Scot I. WHEREAS Authors have heretofore bequeathed or given, and may Preamble. 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, 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 have for liberty of printing and reprinting all such Books, as shall at any time sole Right heretofore have been, or (having not been heretofore published or of printing, &c., such 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. 2 See p. 61. 1 Repealed by The Public Authorities Protection Act, 1893. 3 41 Geo. III., c. 107, extends the privileges of this Act to Dublin. 4 See p. 61. land to ever the have been, or shall be, bequeathed to them, unless the same have shall be been, or given for a limited Time. |