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Indecent works, 46, 152, 163, 174
Infringement of copyright: see Remedies
Books-

what is a piratical copy, 96, 97, 276—
substantial part, 97, 279
animus furandi, 100, 277

not necessarily for profit, 101
copy for private use, 102, 277

may be indirect and unintentional,
102, 277

custom of trade, 102

fair use, 103, 281

no monopoly, 103, 178
facts may be taken, 104

schemes and ideas may be taken,
104, 282

author must do his own work, 105
no excuse that he could easily have
obtained same result, 109, 282
work with different object, 109, 283
extract for purpose of criticism, III,
284

improvement and addition no excuse,
112, 283

dramatization of novel, 114

abridgments, 114, 284

translations, 116, 286

dramatic and musical performing

rights see Performing Rights
engravings, 155, 276

sculpture, 164

paintings, drawings, and photographs,
177, 181, 276

Injunction: see Remedies-
interlocutory, 87, 291

final, 87, 291

terms of, 88

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photographic works, 204
performing rights, 204
extract and quotation, 205
adaptation and arrangement, 205
Interrogatories, 94

Intestacy, copyright passes on, 83, 275
Italy see International Copyright—
signatory of Berne Convention, 194
proclaimed under Chace Act, 249

JAPAN see International Copyright-
signatory of Berne Convention, 194
Johnson's "Prince of Abyssinia," 115
Joint owners, 270—
authors, 57, 64
assignees, 79
Jurist Reports, 28
Jury, trial before, 94

LABELS, not protected, 168, 242, 246
Law Reports-

copyright in, 28, 240

copyright formerly claimed by Crown,
59

Lectures, copyright in, 57-

common law rights in, 222

Letters, copyright in, 14, 243-

common law rights in, 225

literary property in writer, 225
rights of receiver, 225

may be published to vindicate character,
226

Letter-file not protected as a book, 242
Libel-

libellous works not protected, 46, 152,
163, 174

agreement to indemnify against action
for, 229

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Merit, no literary merit required for book
to obtain protection, 13, 16—
secus in the United States, 237
Mexico proclaimed under Chace Act, 249
Millais-

"The Huguenot," 157

"Ordered on Foreign Service," 173
My First Sermon," 173
Monaco: see International Copyright—
signatory of Berne Convention, 194
Music: see Performing Rights-
copyright in, 36, 231

opera score infringed by dance music,
113

adaptations of music entitled to copy-
right, 130, 241

Mutilation, author may prevent, 213, 297
NAME-

assignee of copyright may publish
under author's name, 297
Napoleon III. Cartoons in Punch, 110
New editions-

new material in, is protected, 26, 242
slight corrections and verbal alterations,
27

registration of, 51

duration of copyright in, 57

passing off non-copyright edition for
copyright one, 298

Newspaper: see Periodical-
protected as a book, 11
must be registered, 48

Norway see International Copyright-
signatory of Berne Convention, 194
Notes to non-copyright work protected,
26, 241

Notice of objections, 92

Notice reserving performing rights in
music, 131

Notice of copyright in United States, 255
Novelty, not necessary in book, 15, 16

ORIGINALITY, what is an essential element
of book, 15

Owner of copyright, who is-

certificate of registration primâ facie
proof of ownership, 53

Books-

the Crown, 59

the universities, 61

the author, 62, 269

the employer, 66, 271

the assignee, 74, 272

the licensee, 82

engravings, 152

sculpture, 164

paintings, drawings, and photographs,

174

in the United States, 269

PAINTINGS, drawings, and photographs-
copyright in, 167, 236, 246
what is an original work of art, 167
what artistic element required, 168
first publication if outside British do-
minion, destroys copyright, 168

what is publication of work of art, 169
artist must be British or resident within
British dominions, 170
registration, 171–

what must be registered, 171

must be before infringement, 171
assignee must be registered, 172
short description of nature and sub-
ject of work required, 173
immoral works, 174

duration of protection, 174

sale without reserving copyright, 174
owner of the copyright, 174-
the author, 174
the employer, 175
the assignee, 176

partial assignment, 176
whether licensee can sue, 176
infringement, 177—

prohibited acts and remedies, 177
causing or procuring infringement,
187

innocent agent, 179
unlawful copy, 179
separate offence, 179
no minimum penalty, 180
copying for private use, 180

action on breach of contract, 180
affixing false name or initials, 180
fraudulently representing false au-
thorship, 180

limitation of action, 181

photograph of picture sufficient evi-
dence of, 181

what is piratical copy, 181-

no monopoly of subject-matter, 181
general idea may be taken, 182
material part, 183

indirect taking, 184
guilty knowledge, 184
replicas, 184

licence a defence, 184

"Paradise Lost," with notes, 26
Parliamentary papers, 60

Part of a book entitled to copyright, 12
Particulars, 94

Partners-

firm name of publishers may be entered
in register, 52

Passing off: see Common Law Rights-
by similar title, 204, 296

by similar binding, 298

of non-copyright edition for a copyright
one, 298

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performing right at common law, 121
history of protection of performing
rights, 122

what is a dramatic work, 123

what dramatic works are protected, 126
duration of performing rights, 126
if first published or performed outside
the British dominions, 128
what is a musical composition, 130
what musical works are protected, 130
notice reserving musical performing
rights, 131

registration of performing rights, 131
assignment of performing rights: see
Assignment

Infringement of dramatic performing
rights, 135, 286

Infringement of musical performing
rights, 142, 287

remedies for infringement of perform-
ing rights, 144
Periodical works-

proprietor's copyright in, 66

author's separate rights to contribu-
tions, 72

duration of protection, 57

first number only need be registered, 51
articles may be copied from foreign
periodicals, 204

Perpetual copyright-

question of, 5

in the universities, 61

Persons liable for infringement of copy-
right-

books, 85

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divests the common law right, 36
divestitive publication, 37

performance of music or drama, 37
delivery of lectures, 37
book privately distributed, 37
book issued to subscribers, 37
music hall programme, 38
public exhibition of book, 38
invests the statutory copyright, 38
investitive publication, 38

whether book must be printed, 38
whether distribution of copies neces-
sary, 39

deposit of copy in British Museum, 39
proof of publication, 39

book must be first published within
British dominions, 40

may be written anywhere, 41
whether it must be printed within
British dominions, 40

previous performance abroad of dra-
matic or musical work, 41
notice of objection as to, 92
engravings, 150

sculpture, 162

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Registration (continued)—

registration of mesne assignments,
53

neglect of officials at Stationers' Hall,
53

superfluous matter on register im-
material, 53

certificate of registration, 53
registration primâ facie proof, 53
false entries, 54

rectification of register, 54
notice of objection as to, 92
Remedies-

for infringement of books, 84, 287–
damages, 86, 290

account of profits, 86, 289
injunction, 86, 291

delivery up of copies, 89, 290
seizure under Customs Act, 91
importing or selling foreign copies,
84, 91

limitation of action, 91, 292

pleading, 92, 293

for infringement of performing rights,
144, 289-

of engravings, 155, 288

of sculpture, 164, 288

of paintings, drawings, and photo-
graphs, 177, 288

Reports: copyright in-

law reports, 28, 240
head notes, 28, 111

verbatim reports of speeches, 29
verbatim reports of judgments, 31

reports laid before Parliament, 60
Reputation, author may protect his, 213,
297

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