COPYRIGHT LAWS. ACT OF 1790, CHAPTER 15. 1 STATUTES AT LARGE, 124. [Obsolete: Repealed by Act of 1831, § 14.] An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors. and proprietors of such copies, during the times therein mentioned: SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passing of this act, the author and authors of any map, chart, book or books already printed within these United States, being a citizen or citizens thereof or resident within the same, his or their executors, administrators or assigns, who hath or have not transferred to any other person the copyright of such map, chart, book or books, share or shares thereof; and any other person or persons, being a citizen or citizens of these United States, or residents therein, his or their executors, administrators or assigns, who hath or have purchased or legally acquired the copyright (a) of any such map, chart, book or books, in order to print, reprint, publish, or vend the same, shall have the sole right and liberty of printing, reprinting, publishing, and vending such map, chart, book or books, for the ACT OF 1790, CHAP. 15, §§ 1, 2. OBSOLETE. term of fourteen years from the recording the title thereof in the clerk's office, as is hereinafter directed: And that the author and authors of any map, chart, book or books already made and composed, and not printed or published, or that shall hereafter be made and composed, being a citizen or citizens of these United States, or resident therein, and his or their executors, administrators or assigns, shall have the sole right and liberty of printing, reprinting, publishing and vending such map, chart, book or books, for the like term of fourteen years from the time of recording the title thereof in the clerk's office as aforesaid. And if, at the expiration of the said term, the author or authors, or any of them, be living, and a citizen or citizens of these United States, or resident therein, the same exclusive right shall be continued to him or them, his or their executors, administrators or assigns, for the further term of fourteen years: Provided, he or they shall cause the title thereof to be a second time recorded and published in the same manner as is hereinafter directed, and that within six months before the expiration of the first term of fourteen years aforesaid. (a) The "copyright" recognized by this act, and which is intended to be protected, is presumed to be the right of property which an author has at common law, in his manuscript. Such protection is given as well to books published, as to manuscript copies. Wheaton v. Peters, 8 Pet., 661.—MCLEAN, J.; Sup. Ct., 1834. SECTION 2. And be it further enacted, That if any other person or persons, from and after the recording the title of any map, chart, book or books, and publishing the same as aforesaid, and within the times limited and granted by this act, shall print, reprint, publish, or import, or cause to be printed, reprinted, published, or OBSOLETE. ACT OF 1790, CHAP. 15, §§ 2, 3. imported from any foreign kingdom or state, any copy or copies of such map, chart, book or books, without the consent of the author or proprietor thereof, first had and obtained in writing, signed in the presence of two or more credible witnesses; or, knowing the same to be so printed, reprinted, or imported, shall publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such map, chart, book or books, without such consent first had and obtained in writing as aforesaid, then such offender or offenders shall forfeit all and every copy and copies of such map, chart, book or books, and all and every sheet and sheets, being part of the same, or either of them, to the author or proprietor of such map, chart, book or books, who shall forthwith destroy the same: And every such offender and offenders shall also forfeit and pay the sum of fifty cents for every sheet which shall be found in his or their possession, either printed or printing, published, imported, or exposed to sale, contrary to the true intent and meaning of this act, the one moiety thereof to the author or proprietor of such map, chart, book or books, who shall sue for the same, and the other moiety thereof to and for the use of the United States, to be recovered by action of debt in any court of record in the United States, wherein the same is cognizable. Provided always, That such action be commenced within one year after the cause of action shall arise, and not afterward. SECTION 3. And be it further enacted, That no person shall be entitled to the benefit of this act, in cases where any map, chart, book or books, hath or have been already printed and published, unless he shall first deposit, and in all other cases, unless he shall before publication deposit ACT OF 1790, CHAP. 15, § 3. OBSOLETE. a printed copy of the title of such map, chart, book or books, in the clerk's office of the district court where the author or proprietor shall reside (a): And the clerk of such court is hereby directed and required to record the same forthwith, in a book to be kept by him for that purpose, in the words following (giving a copy thereof to the said author or proprietor, under the seal of the court, if he shall require the same.) "District of wit: Be it remembered, That on the in the to day of year of the independence of the United States of America, A. B., of the said district, hath deposited in this office the title of a map, chart, book or books (as the case may be), the right whereof he claims as author or proprietor (as the case may be), in the words following, to wit: [here insert the title] in conformity to the act of the Congress of the United States, intituled, 'An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned.' C. D., clerk of the district of For which the said clerk shall be entitled to receive sixty cents from the said author or proprietor, and sixty cents for every copy under seal actually given to such author or proprietor as aforesaid. And such author or proprietor shall, within two months from the date thereof, cause a copy of the said record to be published in one or more of the newspapers printed in the United States, for the space of four weeks. (b) (a) If the title of an author depended upon the act of 1790, it would be complete, provided he had deposited a printed copy of the title of the book in the clerk's office, as directed by this section. Ewer v. Coxe, 4 Wash., 490.-WASHINGTON, J.; Pa., 1824. (b) 1. The provision of this section requiring the author to publish |