the existing term, unless it seems clearly to be so intended by the author, as the presumption is against such a meaning. Pierpont vs. Fowle, 2 Wood. & Min., 42.

American authors are frequently interested in British copyright. It may not, therefore, be without use to say, that while an American (or other foreigner) cannot obtain an English copyright by first publishing, while a resident out of England, a work in England; it is held, that if such foreigner is in England at the time of the first publication, and thus owes a local allegiance to the crown, he can obtain a copyright for his works.

SECTION 3.

How it may be taken out, and how Renewed.

Of course, the steps pointed out in the statutes must be preserved, or no copyright is acquired.

First, The author or proprietor must deposit a printed copy of the title of his book, of whatever nature it may be, in the office of the clerk of the district court of the district in which he resides. The clerk is required to make a record thereof, in the words of the printed copy, and give to such author or proprietor a certified copy of the record, if he desires it.

Second, The author or proprietor must next, and within three months from the time of the publication of the work, deliver a copy of the same to such clerk, and the clerk is required, as often as once a year, to transmit a certified list of his records of copyrights, including titles recorded and dates of record, and all copies of books and other things deposited, to the Secretary of the Interior, to be preserved in his office.

Third, It is made the duty of every author or proprietor, within one month from the publication of his book, &c., to deliver, or cause to be delivered, one copy of the same to the Librarian of the Library of Congress at Washington, for the use of said library. If such author or proprietor shall fail to deliver such work, he becomes liable to a penalty; and, by the act of 1865, it is the duty of the librarian to make demand therefor in writing at any time within twelve months

after such publication; and in default of delivery thereof within one month after demand, the right of exclusive publication, secured by the copyright, is to be forfeited. The same statute requires similar delivery of a printed copy of any new edition, wherein changes and additions are found. Such copies may be sent to the Librarian by mail free of postage, and, if the words "copyright matter" are upon the outside of the package, it is made the duty of the post master to receipt for it upon request, and see that it is safely forwarded by mail without cost.

If it be designed to obtain a renewal of the copyright, at the expiration of the term of twenty-eight years, substantially the same steps must be taken as those just pointed out for securing a copyright for the first term. The renewer must be a citizen or resident of the United States, must get his title recorded a second time in the district where he is then residing; within six months before the first term expires, and within two months from the date of the renewal, must cause a copy of the record to be published in some newspaper, printed in the United States, for the space of four weeks.

by A. B. ." If the

To entitle an author or proprietor to protection against the infringement of his copyright, he must insert in the several copies of every edition published, on the title page or the page next following, (if it be a book,) these words:-"Entered according to the Act of Congress in the year in the Clerk's Office of the District Court of work be a map, chart, photograph, engraving, &c., this entry must be upon the face thereof. If, at the time of the expiration of the twenty-eight years, the author be dead, his widow and children, or such of them as may be living at that time, may jointly renew the copyright, in the manner pointed out. Minority or marriage is no objection to obtaining a copyright, but the privilege of renewal is not extended to grandchildren.

SECTION 4.

Of Assignments of Copyright.

Between the parties themselves, any agreement of trans

fer, without special formalities or record, is sufficient to pass the title. But as to third persons, (subsequent purchasers, and mortgagors, having no notice of the prior transfer,) the act of 1834 provides, that the sale and transfer of an exist ing copyright shall be by an instrument in writing, proved or acknowledged in such manner as deeds for the conveyance of land are required, by law, to be proved or acknowledged, in the same state or district.

The assignment, when completed and acknowledged, must be recorded in the office where the original copyright is recorded and certified.

The following short form of assignment would be sufficient under the statute of 1834.

ASSIGNMENT OF A COPYRIGHT.

In consideration of dollars, to me in hand paid by A. B. of the receipt of which is hereby acknowledged, I, C. D. of do hereby assign, transfer, and set over to the said A. B., all the right, title, interest, and property, secured to me by virtue of a copyright from the United States, of a work entitled " "the original copyright is deposited and recorded in the clerk's office of the District Court of the United States for the District of whereof is dated

certificate

To have and to hold the same to the said A. B. and his assigns, to the end of the term for which said copyright was issued, as fully as the same is secured to me by said copyright.

[To be acknowledged like a deed of real estate. See Ante, Chapter 28, "Forms of Acknowledgment."]

SECTION 5.

Infringements, and the Remedies therefor.

Much discussion has been had as to what constitutes an

unlawful use of another's copyright. We have seen that abridgements, compilations, and translations, may be made without necessarily involving infringement. So a person

may inform himself by the examination of any work, and may possess himself of the conceptions, ideas, and sentiments, of the author, and clothing them in his own language may give them to the public without making himself liable to the charge of infringement. The second book must not, however, be either literally or substantially a copy of the first. The spirit of the rule is said to be, that every author must make use of his own intellectual, rather than mechanical powers, and not rely on the language or method of another. Here again, some copying for proper purposes must often be allowed. An English chancellor has said, "There is no doubt that a man cannot, under the pretence of quotation, publish either the whole or part of another's work, though he may use (what it is in all cases difficult to define) fair quotation.'

The subject was ably discussed in the case to which we have already referred of Emerson vs. Davies, 3 Story, 768; and is fully considered by Curtis, in his Treatise on Copyrights, and also by the late Judge Ellsworth, in a brief but valuable work called "Copyright Manual," published by him in 1862.

In a case in which the rights of an author have been infringed, his remedies are to be sought exclusively under the provisions of the statutes which we have referred to. The author or proprietor, who is injured by an infringement, may proceed at law to recover his damages, and to enforce the penalties and forfeitures provided in the statutes, or he may ordinarily, where the fact of infringement is clear and undoubted, obtain by the aid of a court of equity an injunction against the infringing trespasser. The latter is usually the only final and effective remedy.

CHAPTER XLIII.

OF TRADEMARKS.

THIS subject has been ably and exhaustively treated by Mr. Upton, who published, in 1860, a treatise on the Law of Trademarks, with a digest and review of the English and American authorities, to which reference may be had by any one desiring full information. The purpose here will be, to give a brief definition of the right of property in trademarks; of the acts which constitute a violation of that right; and of the remedies open to those whose rights are infringed.

This right does not. partake, in any considerable degree, of the nature or character of a patent or copyright. Every manufacturer, and every dealer for whom goods are manufactured, has a right to put upon the goods he manufactures or sells some peculiar mark or device, by which they may be distinguished from similar articles manufactured or sold by others. Any other person is at liberty to manufacture and sell the same articles, to any extent he may choose, being only required to depend for his success upon his own character and reputation and the excellence of his fabrics, and not to appropriate the trademarks of others.

Aliens may assert this right in our courts, equally with citizens. The particular marks or signs affixed to goods must, in order to be entitled to the protection which the law throws over trademarks, be such as are used in designating origin, ownership or manufacture of the articles, and not such as merely indicate their name or quality. Where such marks indicating origin, ownership or manufacture, have been originated by a party, and habitually affixed to his goods, to distinguish them from similar articles, manufactured by, or belonging to others, he may have an action at law against any