Title, Time, and Place of Publication with the Title, Time, and Place
specified in such Notice.

XVII. And be it enacted, That after the passing of this Act it shall
not be lawful for any Person, not being the Proprietor of the Copyright,
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
be Copyright, and reprinted in any Country or Place whatsoever out of
the British Dominions; and if any Person, not being such Proprietor
or Person authorized as aforesaid, shall import or bring, or cause to be
imported or brought, for Sale or Hire, any such printed Book, into any
Part of the British Dominions, contrary to the true Intent and Meaning
of this Act, or shall knowingly sell, publish, or expose to Sale or let to
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
of Customs or Excise, and the same shall be destroyed by such Officer;
and every Person so offending, being duly convicted thereof before Two
Justices of the Peace for the County or Place in which such Book shall
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
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 (u).

British
Dominions
for Sale or
Hire any
Book first

composed,

&c. within
the United
Kingdom,
and re-

printed
elsewhere

under
Penalty of
Forfeiture
thereof,
and also

of 10l. and
Double
the Value.

Books

may be
seized by

Officers of
Customs
or Excise.
As to the
Copyright
in Ency-
clopa dias,
Periodi-
cals, and
Works
published

in a

XVIII. (x) 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,
and carry on, or be the Proprietor of any Encyclopædia, Review,
Magazine, Periodical Work, or Work published in a Series of Books or
Parts, or any Book whatsoever, and shall have employed or shall
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 beɩn or shall hereafter be composed under such Employment, Maga-
on the Terms that the Copyright therein shall belong to such Proprietor,
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,

(u) As to Canada: see 38 & 39 Vict. c. 53, s. 4.
(x) See pp. 117-121, ante,

Series, Re-
views. or

zines.

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
Proviso for the Author thereof, or his Assigns: Provided also, that nothing herein
contained shall alter or affect the Right of any Person who shall have
been or who shall be so employed as aforesaid to publish any such
his Composition in a separate Form, who by any Contract, express
or implied, may have reserved or may hereafter reserve to himself
such Right; but every Author reserving, retaining, or having such
Right shall be entitled to the Copyright in such Composition when
published in a separate Form, according to this Act, without prejudice
to the Right of such Proprietor, Projector, Publisher, or Conductor as
aforesaid.

Authors

who have
reserved

the Right
of publish-
ing their
Articles
in a

separate
Form.

Proprie-
tors of En-
cyclopæ-
dias, Pe-
riodicals,
and

Works

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

thereon
have the

Benefit of
the Regis-
tration of
the whole.

The Pro-

XX. (2) And whereas an Act was passed (3 Will. 4, c. 15) to amend
the Law relating to Dramatic Literary Property, and it is expedient to
extend the Term of the sole Liberty of representing Dramatic Pieces
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
W. 4, c. 15, Musical Compositions the Benefits of that Act and also of this Act;
be it therefore enacted, That the Provisions of the said Act of His late
Majesty, and of this Act, shall apply to Musical Compositions, and

visions of
3 & 4

extended

to Musical
Composi-

tions, and

(y) See p. 135, ante.

(z) See Chap. IV., pp. 70-90, ante.

5. 2

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

the

وی

Liberty of
represent-
ing Dra-
Pieces and 2

matic

that the sole Liberty of representing or performing, or causing o
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
the same, shall apply to the Liberty of representing or performing any
Dramatic Piece or Musical Composition, as if the same were herein
expressly re-enacted and applied thereto, save and except that the first
public Representation or Performance of any Dramatic Piece or
Musical Composition shall be deemed equivalent, in the Construction of Musical
this Act, to the first Publication of any Book: Provided always, that Composi-
in case of any Dramatic Piece or Musical Composition in Manuscript,
it shall be sufficient for the Person having the sole Liberty of repre-
senting 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 Proprie-
or Performance.

XXI. And be it enacted, That the Person who shall at any Time have the sole Liberty of representing such Dramatic Piece or Musical 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.

tions.

ད ན

tors of
Right of
Dramatic
Repre-

sentations
shall have
all the
Remedies
given by
3 & 4 W. 4,

c. 15.

Assign-
ment of

of a

Dramatic
Piece not

to convey
the Right
of Repre-
sentation.

XXII. And be it enacted, That no Assignment of the Copyright of any Book consisting of or containing a Dramatic Piece or Musical Composition shall be holden to convey to the Assignee the Right of representing or performing such Dramatic Piece or Musical Composi- Copyright tion, unless an Entry in the said Registry Book shall be made of such Assignment, wherein shall be expressed the Intention of the Parties that such Right should pass by such Assignment. 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 Books printed or imported without the Consent of the registered Proprietor pirated of such Copyright, in Writing under his Hand first obtained, shall be shall bedeemed to be the Property of the Proprietor of such Copyright, Property and who shall be registered as such, and such registered Proprietor of the shall, after Demand thereof in Writing, be entitled to sue for and Proprietor 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 and recover Damages for the Conversion thereof in an Action of Trover.

come the

of the
Copy-

right, and
may be

recovered
by Action.

No Proprietor of Copyright

com

mencing after this' Act shall

sue or proceed for any Infringement before making Entry in the Book of Registry. Proviso for Dramatic Pieces.

Copyright

shall be Personal Property.

Limita

tion of Actions;

not to

extend to Actions, &c. in

respect of

the Delivery of Books.

Saving the Rights

of the Universi

ties and

the Col

XXIV. And be it enacted, That no Proprietor of Copyright in any Book which shall be first published after the passing of this Act shall maintain any Action or Suit, at Law or in Equity, or any summary Proceeding, in respect of any Infringement of such Copyright, unless he shall, before commencing such Action, Suit, or Proceeding, have caused an Entry to be made, in the Book of Registry of the Stationers' Company, of such Book, pursuant to this Act (a): Provided always, that the Omission to make such Entry shall not affect the Copyright in any Book, but only the Right to sue or proceed in respect of the Infringement thereof as aforesaid: Provided also, that nothing herein contained shall prejudice the Remedies which the Proprietor of the sole Liberty of representing any Dramatic Piece shall have by virtue of the Act (3 Will. 4, c. 15) to amend the Laws relating to Dramatic Literary Property, or of this Act, although no Entry shall be made in the Book of Registry aforesaid.

XXV. And be it enacted, That all Copyright shall be deemed Personal Property, and shall be transmissible by Bequest, or in case of Intestacy, shall be subject to the same Law of Distribution as other Personal Property, and in Scotland shall be deemed to be Personal and Moveable Estate.

XXVI. And be it enacted, That if any Action or Suit shall be commenced or brought against any Person or Persons whomsoever for doing or causing to be done anything in pursuance of this Act, the Defendant or Defendants in such Action may plead the General Issue, and give the special Matter in Evidence; and if upon such Action a Verdict shall be given for the Defendant, or the Plaintiff shall become nonsuited, or discontinue his Action, then the Defendant shall have and recover his full Costs, for which he shall have the same Remedy as a Defendant in any Case by Law hath; and that all Actions, Suits, Bills, Indictments, or Informations, for any Offence that shall be committed against this Act shall be brought, sued, and commenced within Twelve Calendar Months next after such Offence committed, or else the same shall be void and of none effect; provided that such Limitation of Time shall not extend or be construed to extend to any Actions, Suits, or other Proceedings which under the Authority of this Act shall or may be brought, sued, or commenced for or in respect of any Copies of Books to be delivered for the Use of the British Museum, or of any One of the Four Libraries herein before mentioned.

XXVII. Provided always, and be it enacted, That nothing in this Act contained shall affect or alter the Rights of the Two Universities of Oxford and Cambridge, the Colleges or Houses of Learning within the same, the Four Universities in Scotland, the College of the Holy (a) See ss. 11, 13, ante.

West

and Undivided Trinity of Queen Elizabeth near Dublin, and the leges of several Colleges of Eton, Westminster, and Winchester, in any Copy- Eton, rights heretofore and now vested or hereafter to be vested in such minster, Universities and Colleges respectively, anything to the contrary herein contained notwithstanding.

and Win

chester. Saving all subsisting Rights, Contracts, and En

XXVIII. Provided also, and be it enacted, That nothing in this Act contained shall affect, alter, or vary any Right subsisting at the Time of passing of this Act, except as herein expressly enacted; and all Contracts, Agreements, and Obligations made and entered into before the passing of this Act, and all Remedies relating thereto, shall gagements. remain in full force, anything herein contained to the contrary notwithstanding.

XXIX. (b) And be it enacted, That this Act shall extend to the Extent of United Kingdom of Great Britain and Ireland, and to every Part of the Act.

the British Dominions.

SCHEDULE to which the preceding Act refers.

No. 1.

FORM of MINUTE of CONSENT to be entered at Stationers' Hall.

WE, the undersigned, A. B. of the Author of a certain Book, intituled Y. Z. [or the personal Representative of the Author, as the case may be], and C. D. of do hereby certify, That we have consented and agreed to accept the Benefits of the Act passed in the Fifth Year of the Reign of Her Majesty Queen Victoria, cap. for the Extension of the Term of Copyright therein provided by the said Act, and hereby declare that such extended Term of Copyright therein is the Property of the said A. B. or C. D.

To the Registering Officer appointed by the Stationers' Company.

(b) See Chaps. VIII., IX., ante.