Category: Law & Criminology

A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions, Orders in Council, Treasury Minute and Acts of Congress Now in Force.

SEC. 1. WHAT IS AN ORIGINAL BOOK 10 Definition of a Book 10 Essential Elements of a Book 11 Physical Form 11 Literary Matter 13 Originality 15 Examples of what are Books 16

Chapters

53. CHAPTER V

After a work has been published it has no protection in the nature of copyright except under an Act of Congress.[1630] If either from the nature of the work, or from the want of...

56. chapter 3, of the Revised Statutes relating to copyrights and the Acts

in amendment thereof, and has complied with all other provisions thereof, who has before March 1, 1893, delivered at the office of the Librarian of Congress or deposited in the...

55. PART II.

+--------------------------------+---------------- Session and Chapter.| Title. | Enactment | | referred to. --------------------+--------------------------------+--------------...

19. CHAPTER II

1. Every original book:[10] 2. First published within the British Dominions:[11] 3. [The author of which is a British subject or resident within the British Dominions at the tim...

25. CHAPTER III

When the Crown ceased to have the complete control which it originally exercised over the printing-press, it still claimed to retain, as its prerogative, the exclusive right of...

35. CHAPTER V

As copyright is the exclusive right of making copies of a book, so performing right is the exclusive right of representing or performing in public dramatic or musical works. In...

15. CHAPTER V

ABERNETHY _v._ Hutchinson 1825 3 L. J. (O. S.), 37, 38, 219, Ch., 209 222, =224= Adams _v._ Batley 1887 18 Q. B. D., 625 144 Aflalo _v._ Lawrence -- [1902], 1 Ch., 264 =71= Ager...

46. CHAPTER XI

As to works which have been published within the meaning of the Copyright Acts, the common law affords no protection in the nature of copyright, that is to say, as regards the e...

29. vi. Selling or hiring or having in possession for sale or

1. Seizure and destruction by any officer of Customs,[429] and on conviction before two justices of the peace. 2. £10 for every offence.[430] 3. Double the value of every copy d...

52. CHAPTER IV

The exclusive right given by the statute is "the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending ... and, in the case of...

49. CHAPTER II

1. It must be an original literary or artistic work. 2. The (owner/author) must be a citizen of the United States (or resident therein), or of a foreign country proclaimed to th...

50. Part III. Political Geography and Statistics, copyright, 1888, by

Francis A. Walker." In the absence of evidence that the defendant was deceived or misled by the change of the title the Court held that it was valid. In _Daly_ v. _Brady_[1357]...

33. iv. Using one book on a given subject for the purpose of

_No one can monopolize a Field of Labour._--Although an author has been the first to deal with a particular subject, his priority gives him no exclusive right therein.[571] Any...

40. CHAPTER VIII

1. Every original painting, drawing, and photograph:[910] 2. Not first published outside the British Dominions:[911] 3. The "author" of which is a British subject, or is residen...

38. i. The name of the proprietor;

This qualification of the engraver's right is only inserted in 8 Geo. II. c. 13, and not in the subsequent Acts which extend the protection to works not there included and give...

43. CHAPTER X

=Works first produced in His Majesty's Dominions= are protected in those foreign countries with which there is a treaty for the mutual protection of literary and artistic rights...

41. ii. Delivery up of copies,

In addition to sections 6 and 11, where importing is treated as an infringement involving penalties and damages, section 10 contains a direct prohibition against importing copie...

42. CHAPTER IX

Every British Possession has the power to legislate independently as regards the protection within its own territory of literary or artistic works first produced therein.[1014]...

20. iv. The name and place of abode of the publisher if

_The Actual Title._--This must be registered: a description of the book will not be sufficient, even although accurate. Thus in _Harris_ v. _Smart_[247] the plaintiffs' book was...

51. CHAPTER III

Under Section 4952 of the Revised Statutes as amended by the Act of March 3, 1891, the statutory right is vested in "the author, inventor, designer, or proprietor, and the execu...

17. CHAPTER I

The history of copyright has been exhaustively dealt with by Mr. Copinger, Mr. Scrutton, and Mr. Drone in their respective treatises on copyright law. I feel that I can add noth...

37. CHAPTER VI

1. Every original engraving or print:[785] 2. [Made within the British dominions:][786] 3. First published within the British dominions:[787] 4. Which bears the date of first pu...

39. CHAPTER VII

1. Every original sculpture:[875] 2. First published within the British dominions:[876] 3. [The author of which is a British subject or resident within the British dominions]:[8...

47. CHAPTER XII

_Publishers' Agreements._--These agreements are governed by the law of contract, and only incidentally involve questions of copyright. The contract between an author and his pub...

45. iii. Dramatic works, as to the liberty to make fair imitations

"Rights" and "Interests" are to be distinguished, the latter word bearing a wider interpretation than the former. Right does not mean the right to reproduce in common with all m...

34. c. 19), "on account that the translator had bestowed his pains upon

it." In _Millar_ v. _Taylor_,[646] Yates, J., and in _Prince Albert_ v. _Strange_,[647] Knight Bruce, V. C., suggest that a translation is not an infringement. In _Wyatt_ v. _Ba...

18. c. 53 was passed giving them a perpetual copyright in all books which

In 1842 the present literary Copyright Act was passed and the statute of Anne and the two amending statutes of Geo. III. repealed. The principal reform is the extension of the t...

36. c. 15 is nothing of the kind, but part of the definition of the

offence upon which the penalty is to be incurred.... The right granted is the privilege of representing at places of dramatic entertainment.... Now sec. 20 of 5 & 6 Vict. c. 45...

24. ii. The contributor's copyright in his separate contribution as a

separate work, beginning twenty-eight years after publication of the collective work, or on separate publication, if such should by agreement take place within the twenty-eight...

22. ii. Every subsequent edition of a book, unless

Provided that within twelve months after publication demand has been made to the publishers under the hand of the officer of the Company of Stationers or other person authorised...

48. CHAPTER I

The law of copyright in the United States, especially in relation to literary work, is daily becoming of more interest to the owners of copyright in this country. Since the _Act...

4. CHAPTER IV

SEC. 1. PROHIBITED ACTS, AND REMEDIES 84 Causing to be Printed 85 Damages 86 Account of Profits 86 Injunction 86 Delivery up of Copies 89 Customs Act 91 Every Offence 91 Limitat...

8. CHAPTER VIII

SEC. 1. WHAT WORKS ARE PROTECTED 167 Every Original Painting, Drawing, and Photograph 167 Originality 167 Artistic Merit 168 Publication Outside the British Dominions 168 Publis...

21. ii. Every subsequent edition of a book, unless

5. CHAPTER V

2. CHAPTER II

SEC. 1. WHAT IS AN ORIGINAL BOOK 10 Definition of a Book 10 Essential Elements of a Book 11 Physical Form 11 Literary Matter 13 Originality 15 Examples of what are Books 16

9. CHAPTER X

Protection afforded to Foreign Works 200 Works Published before 6th December 1887 202 Translating Right 203 Articles in Newspapers and Periodicals 204 Photographic Works 204 Per...

6. CHAPTER VI

SEC. 1. WHAT WORKS ARE PROTECTED 146 What is an Original Engraving 146 Originality 147 Maps, Charts, and Plans 148 Engravings in a Book 149 Must the Engraving be made within the...

14. CHAPTER IV

SEC. 1. WHAT IS A PIRATICAL COPY 276 Copying may be Indirect 277 The Intention need not be Bad 277 Proof of Copying 277 No Monopoly in the Subject-Matter 278 Taking a Substantia...

3. CHAPTER III

SEC. 4. THE EMPLOYER 66 Under Section 18 66 Scope of Section 67 Under such Employment 68 On Terms that Copyright shall belong to such Proprietor 68 Joint Employers 71 Payment 71...

10. CHAPTER XI

Title--Passing off 206 No Copyright in Title. 206 Whether Protection is based on a Right of Property in Title 207 Knowledge of Existence and Value on the part of the Public 208...

7. CHAPTER VII

SEC. 1. WHAT WORKS ARE PROTECTED 161 What is an Original Sculpture 161 The Sculpture must be First Published within the British Dominions 162 Publication 162 Author's Nationalit...

54. PART I.

+--------------------------------+---------------- Session and Chapter.| Title. | Short Title. --------------------+--------------------------------+---------------- | | 7 & 8 V...

26. CHAPTER IV

Copyright is defined by the Copyright Act, 1842, as "the sole and exclusive liberty of printing or otherwise multiplying copies." Any invasion of this monopoly is an infringemen...

12. CHAPTER II

SEC. 3. NECESSARY FORMALITIES 250 Conditions Precedent 251 Delivery of Title 251 Delivery of Description 253 Delivery of Copies 253 Printing in the United States 254 Retrospecti...

27. iii. Selling or hiring, or having in possession for sale or

31. ii. Making extracts (even if they are not acknowledged as

such) appearing under all the circumstances of the case reasonable in quality, number, and length, regard being had to the objects for which the extracts are made and to the sub...

13. CHAPTER III

30. i. Using the information or the ideas contained in it without

16. PART I

32. iii. Using one book on a given subject as a guide to authorities

1. PART I

23. i. The proprietor's copyright in the publication, as a whole,

28. v. Importing without the consent of the proprietor a

11. CHAPTER XII

44. ii. Works which had not acquired the translating right