OBSOLETE.

ACT OF 1790, CHAP. 15, §§ 3-5.

the title of his book, in a newspaper, is merely directory, and constitutes no part of the essential requisites for securing the copyright. Nichols v. Ruggles, 3 Day, 158.-CURIAM; Ct., 1808.

2. The publication in the newspaper is intended as legal notice of the rights secured to the author; but is not necessary where actual notice is brought home to the party. Ibid., 158.

3. The condition upon which the proprietor is to be entitled to the benefit of the act cannot be extended to the requisition contained in the last sentence of that section, to publish a copy of the record of the title, as prescribed therein. Ewer v. Coxe, 4 Wash., 490.—WASHINGTON, J.; Pa., 1824.

4. The publication of a copy of such notice is only necessary to enable him to sue for the forfeitures created by that section. Ibid., 490.

SECTION 4. And be it further enacted, That the author or proprietor of any such map, chart, book or books, shall, within six months after the publishing thereof, deliver, or cause to be delivered to the Secretary of State a copy of the same, to be preserved in his office.

1. The requirement of this section, as to delivering a copy of the book to the Secretary of State, is merely directory, and constitutes no part of the essential requisites for securing a copyright. The copy to be delivered to the Secretary of State appears to be designed for public purposes, and has no connection with the copyright. Nichols v. Ruggles, 3 Day, 158.-CURIAM; Ct., 1808.

2. Under this section a copy of a book may be deposited with the Department of State, after the expiration of six months from the time of its publication if not done before, and will avail from the time of its being deposited. Daboll's Case, 1 Opin., 532.-WIRT, Atty. Gen.; 1822.

3. Where a work consisted of a number of volumes, the delivery to the Secretary of State of the first volume of the work within six months after its publication and of the rest of the volumes, before the offence complained of is committed, or the action brought, is a sufficient compliance with the law. Dwight v. Appletons, 1 N. Y. Leg. Obs., 199.-THOMPSON, J.; N. Y., 1843.

SECTION 5. And be it further enacted, That nothing in this act shall be construed to extend to prohibit the importation or vending, reprinting or publishing, within the United States, of any map, chart, book or books, writ

ACT OF 1802, CHAP. 36.

OBSOLETE.

ten, printed, or published by any person not a citizen of the United States, in foreign parts or places without the jurisdiction of the United States.

SECTION 6. And be it further enacted, That any person or persons who shall print or publish any manuscript, without the consent and approbation of the author or proprietor thereof, first had and obtained as aforesaid (if such author or proprietor be a citizen of, or resident of these United States), shall be liable to suffer and pay to the said author or proprietor all damages occasioned by such injury, to be recovered by a special action on the case founded upon this act, in any court having cognizance thereof.

SECTION 7. And be it further enacted, That if any person or persons shall be sued or prosecuted for any matter, act, or thing done under or by virtue of this act, he or they may plead the general issue, and give the special matter in evidence.

Approved May 31st, 1790.

ACT OF 1802, CHAPTER 36.

2 STATUTES AT LARGE, 171.

[Obsolete: Repealed by Act of 1831, § 14.]

An Act supplementary to an act, 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 time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints.

OBSOLETE.

ACT OF 1802, CHAP. 36, § 1.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall, from and after the first day of January next, claim to be the author or proprietor of any maps, charts, book or books, and shall thereafter seek to obtain a copyright of the same agreeable to the rules prescribed by law, before he shall be entitled to the benefit of the act, 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 time therein mentioned," he shall, in addition (a) to the requisites enjoined in the third and fourth sections of said act, if a book or books, give information by causing the copy of the record, which, by said act, he is required to publish in one or more of the newspapers, to be inserted at full length in the title-page, or in the page immediately following the title of every such book or books; and if a map or chart shall cause the following words to be impressed on the face thereof, viz.: "Entered according to act of Congress, the day of [here insert the date when the same was deposited in the office] by A. B. of the State of [here insert the author's or proprietor's name and the State in which he resides].

18

(a) 1. By this section no person can be entitled to the benefit of the act of 1790, unless he shall, in addition to the requisites enjoined in sections 3 and 4 of that act, cause a copy of the record, required by that act to be published, to be inserted at full length in the title-page, or on the page immediately following the title of the book. Ewer v. Coxe, 4 Wash., 490.-WASHINGTON, J.; Pa., 1824.

2. The person, therefore, claiming a copyright, before he can be entitled to the benefits of the act of 1790, must perform the requisites required by this act, in addition to those prescribed in sections 3 and 4 of the act of 1790, and must perform the whole. The act admits of no other construction. Ibid., 491.

ACT OF 1802, CHAP. 36, §§ 1, 2.

OBSOLETE.

3. The meaning of the act is as if it read, "the proprietor, before he shall be entitled to the benefit of the act of 1790, shall cause a copy of the record of the title to be published, and shall deliver a copy of the book to the Secretary of State, as directed by the third and fourth sections of that act; and shall also cause a copy of the said record to be inserted at full length in the title-page," &c. Ibid., 491.

4. The act of 1802 requires the requisites enjoined in sections 3 and 4 of the act of 1790, as to notice and the deposit of the book in the State Department, to be performed "in addition" to the one required by this act of 1802, before an author "shall be entitled to the benefit of the first act." Wheaton v. Peters, 8 Pet., 665.-MCLEAN, J.; Sup. Ct., 1834.

SECTION 2. And be it further enacted, That from and after the first day of January next, every person, being a citizen of the United States or resident within the same, who shall invent and design, engrave, etch or work, or from his own works and inventions, shall cause to be designed and engraved, etched or worked, any historical or other print or prints, shall have the sole right and liberty of printing, reprinting, publishing, and vending such print or prints, for the term of fourteen years from the recording the title thereof in the clerk's office, as prescribed by law for maps, charts, book or books: Provided, he shall perform all the requisites, in relation to such print or prints, as are directed in relation to maps, charts, book or books, in the third and fourth sections of the act to which this is a supplement, and shall moreover cause the same entry to be duly engraved on such plate, with the name of the proprietor, and printed on every such print or prints as is herein before required to be made on maps or charts.

1. The person who, under this section, is intended and described as the proprietor of a copyright in a print, is one who shall not only invent and design, but who shall also engrave, etch, or work the print to which the right is claimed; or, who, from his own works and inventions, shall cause the print to be designed and engraved, etched, or worked. Binns v. Woodruff, 4 Wash., 51.—WASHINGTON, J.; Pa., 1821.

OBSOLETE.

ACT OF 1802, CHAP. 36, §§ 2, 3.

2. In the first case, the inventor and designer is identified with the engraver, or, in other words, the entire work, or subject of the copyright, is executed by the same person. In the latter, the invention is designed or embodied by the person in whom the right is vested, and the form and completion of the work are executed by another. Ibid., 51.

3. But in neither case can a person claim a copyright for a mere invention, the work of his imagination locked up in his own mind, or existing in a form not visible to others. Neither is he so entitled, unless he has not only invented, but also designed or represented the subject in some visible form. Ibid., 51.

4. Where neither the design nor the general arrangement of a print, nor the parts which composed it, was the invention of the plaintiff, but he had employed and paid the artists who had composed and executed it, Held, that under this section he was not entitled to a copyright. Ibid., 53.

SECTION 3. And be it further enacted, That if any printseller or other person whatsoever, from and after the said first day of January next, within the time limited by this act, shall engrave, etch or work, as aforesaid, or in any other manner copy or sell, or cause to be engraved, etched, copied or sold, in the whole or in part, by varying, adding to, or diminishing from the main design, or shall print, reprint, or import for sale, or cause to be printed, reprinted, or imported for sale, any such print or prints, or any parts thereof, without the consent of the proprietor or proprietors thereof, first had and obtained, in writing, signed by him or them respectively, in the presence of two or more credible witnesses; or knowing the same to be so printed or reprinted, without the consent of the proprietor or proprietors, shall publish, sell, or expose to sale or otherwise, or in any other manner dispose of any such print or prints, without such consent first had and obtained, as aforesaid, then such offender or offenders shall forfeit the plate or plates on which such print or prints are or shall be copied, and all