Making false Entry in the Book of Regis

on payment to him of the Sum of Five Shillings; and such Copies so certified and impressed shall be received in Evidence in all Courts, and in all summary Proceedings, and shall be prima facie Proof of the Proprietorship or Assignment of Copyright or Licence as therein expressed, but subject to be rebutted by other Evidence, and in the Case of Dramatic or Musical Pieces shall be primâ facie Proof of the Right of Representation or Performance, subject to be rebutted as aforesaid.

XII. And be it enacted, That if any Person shall wilfully make or cause to be made any false Entry in the Registry Book of the Stationers' Company, or shall wilfully produce or cause to be tendered in Evidence any Paper falsely purporting to be a Copy of any Entry in try, a Mis- the said Book, he shall be guilty of an indictable Misdemeanour, and shall be punished accordingly.

demean

our.

Entries of Copyright may be made in the Book of

XIII. (a) And be it enacted, That after the passing of this Act it shall be lawful for the Proprietor of Copyright in any Book heretofore published, or in any Book hereafter to be published, to make Entry in the Registry Book of the Stationers' Company of the title of such Book, the time of the first Publication thereof, the Name and Place of Registry. Abode of the Publisher (b) thereof, and the Name and Place of Abode of the Proprietor of the Copyright of the said Book or of any Portion of such Copyright in the Form in that Behalf given in the Schedule to this Act annexed, upon Payment of the Sum of Five Shillings to the Officer of the said Company; and that it shall be lawful for every such Registered Proprietor to assign his Interest, or any Portion of his Interest therein, by making Entry in the said Book of Registry of such Assignment, and of the Name and Place of Abode of the Assignee thereof, in the Form given in that Behalf in the said Schedule, on Payment of the like Sum; and such Assignment so entered shall be effectual in Law to all Intents and Purposes whatsoever, without being subject to any Stamp or Duty, and shall be of the same Force and Effect as if such Assignment had been made by Deed.

Persons

XIV. (c) And be it enacted, That if any Person shall deem himself aggrieved aggrieved by any Entry made under colour of this Act in the said Book by any of Registry, It shall be lawful for such Person to apply by Motion to Entry in the Book the Court of Queen's Bench, Court of Common Pleas, or Court of of Regis- Exchequer, in Term Time, or to apply by Summons to any Judge of try may either of such Courts in Vacation, for an order that such Entry may apply to a Court of be expunged or varied; and that upon any such Application by Motion Law in or Summons to either of the said Courts, or to a Judge as aforesaid, Term, or such Court or Judge shall make such Order for expunging, varying, or Judge in Vacation, confirming such Entry, either with or without Costs, as to such Court (a) See pp. 139–145, ante.

who may

order such Entry to be varied

(b) Note that the form in the Schedule substitutes "place of publication" for "place of abode of publisher."

(c) See pp. 143–145, ante.

or Judge shall seem just; and the Officer appointed by the Stationers' or exCompany for the Purposes of this Act, shall, on the Production to him punged. of any such Order for expunging or varying any such Entry, expunge or vary the same according to the Requisitions of such Order.

XV. And be it enacted, That if any Person shall, in any Part of the Remedy British Dominions, after the passing of this Act, print or cause to be for the printed, either for Sale or Exportation, any Book in which there shall Piracy of Books by be subsisting Copyright, without the Consent in Writing of the Pro- Action on prietor thereof, or shall import for Sale or Hire any such Book so having the Case. been unlawfully printed from Parts beyond the Sea, or knowing such Book to have been so unlawfully printed or imported, shall sell, publish, or expose to Sale or Hire, or cause to be sold, published, or exposed to Sale or Hire, or shall have in his Possession, for Sale or Hire, any such Book so unlawfully printed or imported, without such Consent as aforesaid, such Offender shall be liable to a special Action on the Case at the Suit of the Proprietor of such Copyright, to be brought in any Court of Record in that Part of the British Dominions in which the Offence shall be committed: Provided always, that in Scotland such Offender shall be liable to an Action in the Court of Session in Scotland, which shall and may be brought and prosecuted in the same Manner in which any other Action of Damages to the like Amount may be brought and prosecuted there.

the Defen

XVI. (d) And be it enacted, That after the passing of this Act in any In Actions Action brought within the British Dominions against any Person for for Piracy printing any such Book for Sale, Hire, or Exportation, or for importing, dant to selling, publishing, or exposing to Sale or Hire, or causing to be give Noimported, sold, published, or exposed to Sale or Hire, any such Book, tice of the the Defendant, on pleading thereto, shall give to the Plaintiff a Notice Objections. in Writing of any Objections on which he means to rely on the Trial Plaintiff's of such Action; and if the Nature of his Defence be, that the Plaintiff Title on in such Action was not the Author or first Publisher of the Book in which he rely.

to the

which he shall by such Action claim Copyright, or is not the Proprietor means to of the Copyright therein, or that some other Person than the Plaintiff was the Author or first Publisher of such Book, or is the Proprietor of the Copyright therein, then the Defendant shall specify in such Notice the Name of the Person who he alleges to have been the Author or first Publisher of such Book, or the Proprietor of the Copyright therein, together with the Title of such Book, and the Time when and the Place where such Book was first published, otherwise the Defendant in such Action shall not at the Trial or Hearing of such Action be allowed to give any Evidence that the Plaintiff in such Action was not the Author or first Publisher of the Book in which he claims such Copyright as aforesaid, or that he was not the Proprietor of the Copyright therein; and at such Trial or Hearing no other Objection shall be (d) See pp. 142, 143, ante.

tor, &c.,
shall im-
port into
the

British

allowed to be made on behalf of such Defendant than the Objections
stated in such Notice, or that any other Person was the Author or first
Publisher of such Book, or the Proprietor of the Copyright therein,
than the Person specified in such Notice, or give in Evidence in support
of his Defence any other Book than one substantially corresponding in
Title, Time, and Place of Publication with the Title, Time, and Place
specified in such Notice.

No Person XVII. And be it enacted, That after the passing of this Act it shall
except the not be lawful for any Person, not being the Proprietor of the Copyright,
Proprie-
or some Person authorized by him, to import into any Part of the
United Kingdom, or into any other Part of the British Dominions, for
Sale or Hire, any printed Book first composed or written or printed and
published in any Part of the said United Kingdom, wherein there shall
Dominions
be Copyright, and reprinted in any Country or Place whatsoever out of
for Sale or the British Dominions; and if any Person, not being such Proprietor
Hire any
or Person authorized as aforesaid, shall import or bring, or cause to be
Book first
imported or brought, for Sale or Hire, any such printed Book, into any
composed,
&c., within Part of the British Dominions, contrary to the true Intent and Meaning
the United of this Act, or shall knowingly sell, publish, or expose to Sale or let to
Kingdom, Hire, or have in his Possession for Sale or Hire, any such Book, then
every such Book shall be forfeited, and shall be seized by any Officer
elsewhere of Customs or Excise, and the same shall be destroyed by such Officer;
under and every Person so offending, being duly convicted thereof before Two
Penalty of Justices of the Peace for the County or Place in which such Book shall
thereof, be found, shall also for every such Offence forfeit the Sum of Ten
Pounds, and Double the Value of every Copy of such Book which he
of 107. and shall so import or cause to be imported into any Part of the British
Dominions, or shall knowingly sell, publish, or expose to Sale or let to
Hire, or shall cause to be sold, published, or exposed to Sale or let to
Hire, or shall have in his Possession for Sale or Hire, contrary to the
true Intent and Meaning of this Act, Five Pounds to the Use of such
Officer of Customs or Excise, and the Remainder of the Penalty to the
Use of the Proprietor of the Copyright in such Book (e).

and re-

printed

Forfeiture

and also

Double
the Value.
Books
may be

seized by
Officers of
Customs

or Excise.

As to the

Copyright
in Ency-

Periodi-

XVIII. (f) And be it enacted, That when any Publisher or other
Person shall, before or at the time of the passing of this Act, have
projected, conducted, and carried on, or shall hereafter project, conduct,
clopædias, and carry on, or be the Proprietor of any Encyclopædia, Review,
cals, and
Magazine, Periodical Work, or Work published in a Series of Books or
Works Parts, or any Book whatsoever, and shall have employed or shall
published employ any Persons to compose the same, or any Volumes, Parts,
Essays, Articles, or portions thereof, for Publication in or as Part of
the same, and such Work, Volumes, Parts, Essays, Articles, or Portions
shall have been or shall hereafter be composed under such Employment,
on the Terms that the Copyright therein shall belong to such Proprietor,
(e) As to Canada: see 38 & 39 Vict. c. 53, s. 4, and p. 198.
(f) See pp. 123–127, ante.

in a
Series, Re-
views, or

Maga-
zines.

Projector, Publisher, or Conductor, and paid for by such Proprietor,
Projector, Publisher, or Conductor, the Copyright in every such Ency-
clopædia, Review, Magazine, Periodical Work, and Work published in.
a Series of Books or Parts, and in every Volume, Part, Essay, Article,
and portion so composed and paid for, shall be the Property of such
Proprietor, Projector, Publisher, or other Conductor, who shall enjoy
the same rights as if he were the actual Author thereof, and shall have
such Term of Copyright therein as is given to the Authors of Books
by this Act; except only that in the case of Essays, Articles, or
Portions forming Part of and first published in Reviews, Magazines, or
other Periodical works of a like Nature, after the Term of Twenty-
eight Years from the first Publication thereof respectively the Right of
publishing the same in a separate Form shall revert to the Author for
the Remainder of the Term given by this Act: Provided always, that
during the Term of Twenty-eight Years the said Proprietor, Projector,
Publisher or Conductor shall not publish any such Essay, Article, or
Portion separately or singly without the consent previously obtained of
the Author thereof, or his Assigns: Provided also, that nothing herein Proviso for
contained shall alter or affect the Right of any Person who shall have Authors
been or who shall be so employed as aforesaid to publish any such reserved
his Composition in a separate Form, who by any Contract, express the Right
or implied, may have reserved or may hereafter reserve to himself of publish-
such Right; but every Author reserving, retaining, or having such ing their
Articles
Right shall be entitled to the Copyright in such Composition when in a
published in a separate Form, according to this Act, without prejudice separate
to the Right of such Proprietor, Projector, Publisher, or Conductor as Form.

aforesaid.

who have

and

XIX. (g) And be it enacted, That the Proprietor of the Copyright Proprie-
in any Encyclopædia, Review, Magazine, Periodical Work, or other tors of En-
cyclopæ-
Work published in a Series of Books or Parts, shall be entitled to all dias, Pe-
the Benefits of the Registration at Stationers' Hall under this Act, riodicals,
on entering in the said Book of Registry the Title of such Encyclo- Works
pædia, Review, Periodical Work, or other Work, published in a Series published
of Books or Parts, the Time of the first Publication of the First in a Series
Volume, Number, or Part thereof, or of the first Number or Volume may enter
at once at
first published after the passing of this Act in any such Work which Stationers'
shall have been published heretofore, and the Name and Place of Hall, and
Abode of the Proprietor thereof, and of the Publisher thereof, when thereon
such Publisher shall not also be the Proprietor thereof.

have the

Benefit of

The Pro-

XX. (h) And whereas an Act was passed (3 Will. 4, c. 15) to amend the Regis-
the Law relating to Dramatic Literary Property, and it is expedient to tration of
extend the Term of the sole Liberty of representing Dramatic Pieces the whole.
given by that Act to the full Time by this Act provided for the Con-
tinuance of Copyright: And whereas it is expedient to extend to
(g) See p. 141, ante.
(h) See pp. 73, 95, ante.

visions of
3 & 4
W. 4, c. 15,
extended

to Musical Musical Compositions the Benefits of that Act and also of this Act; Composi- be it therefore enacted, That the Provisions of the said Act of His late tions, and Majesty, and of this Act, shall apply to Musical Compositions, and

the Term

of Copyright, as provided by this Act, applied to the

that the sole Liberty of representing or performing, or causing or permitting to be represented or performed, any Dramatic Piece or Musical Composition, shall endure and be the Property of the Author thereof, and his Assigns, for the Term in this Act provided for the Duration of Copyright in Books; and the Provisions herein before enacted in respect of the Property of such Copyright, and of registering Liberty of the same, shall apply to the Liberty of representing or performing any representing Dramatic Piece or Musical Composition, as if the same were herein Dramatic expressly re-enacted and applied thereto, save and except that the first Pieces and public Representation or Performance of any Dramatic Piece or Musical Musical Composition shall be deemed equivalent, in the Construction of Compositions. this Act, to the first Publication of any Book: Provided always, that in case of any Dramatic Piece or Musical Composition in Manuscript, it shall be sufficient for the Person having the sole Liberty of representing or performing, or causing to be represented or performed, the same, to register only the Title thereof, the Name and Place of Abode of the Author or Composer thereof, the Name and Place of Abode of the Proprietor thereof, and the Time and Place of its first Representation or Performance.

Proprietors of Right of

all the

Dramatic Representations XXI. And be it enacted, That the Person who shall at any Time shall have have the sole Liberty of representing such Dramatic Piece or Musical Remedies Composition shall have and enjoy the Remedies given and provided in the said Act (3 Will. 4, c. 15) passed to amend the Laws relating to Dramatic Literary Property, during the whole of his Interest therein, as fully as if the same were re-enacted in this Act.

given by 3 W. 4, c.

15.

Assignment of

of a

XXII. And be it enacted, That no Assignment of the Copyright of Copyright any Book consisting of or containing a Dramatic Piece or Musical Composition shall be holden to convey to the Assignee the Right of Dramatic representing or performing such Dramatic Piece or Musical ComposiPiece not tion, unless an Entry in the said Registry Book shall be made of to convey the Right such Assignment, wherein shall be expressed the Intention of the of Repre- Parties that such Right should pass by such Assignment.

sentation.

Books pirated

shall be

XXIII. And be it enacted, That all Copies of any Book wherein there shall be Copyright, and of which Entry shall have been made in the said Registry Book, and which shall have been unlawfully come the printed or imported without the Consent of the registered Proprietor Property of such Copyright, in Writing under his Hand first obtained, shall be deemed to be the Property of the Proprietor of such Copyright, and who shall be registered as such, and such registered Proprietor shall, after Demand thereof in Writing, be entitled to sue for and recover the same, or Damages for the Detention thereof, in an Action of Detinue, from any Party who shall detain the same, or to sue for by Action. and recover Damages for the Conversion thereof in an Action of Trover.

of the Proprietor of the Copyright, and may be

recovered