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ASSIGNMENT OF COPYRIGHT FOR ORIGINAL AND RENEWED TERMS.

STATE OF NEW YORK,

CITY AND COUNT OF NOR YORK. } 88.

On this first day of January, 1860, personally appeared James Smith and Charles Scribner, to me known to be the individuals described in and who executed the foregoing instrument, and severally acknowledged that they executed the same for the purposes therein mentioned.

5 CENT INT. REV. STAMI.

JAMES BROWN,

Notary Public.

4. ASSIGNMENT OF COPYRIGHT FOR ORIGINAL AND

RENEWED TERMS.

Indenture, made this first day of May, 1864, between James Smith, of Poughkeepsie, State of New York, of the one part, and Charles Scribner, of the City and State of New York.

Whereas, the said James Smith has written and composed a book, entitled "Flowers of Poesy,"

Now this indenture witnesseth, that the said James Smith, for and in consideration of the sum of five hundred dollars, to him in hand paid by said Charles Scribner, the receipt of which is hereby acknowledged, has bargained, sold, and assigned, and by these presents does bargain, sell, and assign unto the said Charles Scribner, his heirs, executors, administrators, and assigns, all the said book, and the manuscript thereof, and all his right, title, and interest, property, claim, and demand, of every kind and nature whatsoever, of, in, and to the same, and in any and all copyrights, and any and all renewals thereof, which may or can be had, or secured, or taken, in respect to said book or manuscript, under and by virtue of any acts of Congress, with any and all profit, benefit, and advantage that shall or may arise by or from printing, publishing, or vending the same, during the original or renewed terms of any such copyright. To have and to hold the same to the said Charles Scribner, his heirs, executors, administrators, and assigns forever.

And the said James Smith agrees to examine and correct the proof-sheets of said work, as fast as they shall be furnished, and to make and complete a full and correct Index therefor, as soon as may be after all the signatures of the text shall be furnished for that purpose.

LICENSE TO PRINT ONE EDITION OF A BOOK.

And the said Charles Scribner, for himself, his heirs, executors, administrators, and assigns, covenants and agrees to furnishi and deliver, free of cost, to said James Smith, twenty-five bound copies of said work, within three months after the said Index shall or may be completed.

In witness whereof, the said parties have hereunto set their hands and seals, the day and year first above written.

Sealed and delivered

in presence of JOHN DOE,

}

RICHARD ROE.

Acknowledgment, as in No. 3.

[L. S.]

JAMES SMITH.
CHARLES SCRIBNER. [L. S.]

5. LICENSE TO PRINT ONE EDITION OF A BOOK.

Indenture, made this first day of January, 1860, by and between James Smith, of Poughkeepsie, New York, of the first part, and Charles Scribner, of the City of New York, State aforesaid, of the second part.

Whereas, the said Janies Smith has in preparation a work, to be called the "Flowers of Poesy,'

Now this indenture witnesseth, that the said James Smith, for the consideration hereinafter expressed, does hereby authorize and allow the said Charles Scribner to print, publish, and sell an edition of one thousand copies of said work, the said James Smith hereby reserving to himself the general copyright in said work.

And the said James Smith, in consideration of the payments hereinafter agreed and covenanted to be made by said Charles Scribner, doth hereby covenant and agree, to and with the said Charles Scribner, that he will furnish to the printer, to be employed by him, fair copy of the said work, and will superintend the printing, and correct the proofs thereof, in the usual manner; and that he will take out of the clerk's office of the District Court of the United States for the Southern District of New York the usual evidences of copyright, for the protection of said work, and will not authorize any person to print, publish, or sell, and will not print, publish, or sell himself, any other copies until the whole of said one thousand copies have been disposed of by said Charles Scribner; Provided, said one thousand copies are sold within five years from the date hereof.

ASSIGNMENT OF RIGHT TO PERFORM DRAMATIC COMPOSITION.

And the said Charles Scribner, in consideration of the aforesaid authority and agreement, does hereby covenant and agree, to and with said James Smith, that he will pay him, the said James Smith, the sum of twenty cents for each and every copy of the said one thousand copies, payable semi-annually, as fast as the said copies shall be sold or otherwise disposed of, he rendering to the said James Smith an account of sales of said work, at the expiration of six months from the day of the first publication, until the whole shall be sold, and that he will also give to the said James Smith fifty copies of said work, handsomely bound, free of charge, as soon as conveniently may be done, after the manuscript copy has been furnished by the said James Smith.

And the said Charles Scribner, in consideration, also, of the aforesaid authority and agreement, does further covenant and agree, to and with said James Smith, that he will not print, publish, or sell any more than the said one thousand copies, until authorized by said James Smith, or his legal representatives, in writing; it being understood that the license herein contained extends only to one edition of the number above specified. In witness whereof, the said parties have hereunto set their hands and seals, the day and year first above written. Sealed and delivered JAMES SMITH. CHARLES SCRIBNER. [L. S.]

in presence of

JOHN SMITH,
JAMES BROWN.

}

Acknowledgment, as in No. 3.

[L. S.

6. ASSIGNMENT OF RIGHT TO PERFORM DRAMATIC COM

POSITION FOR SPECIFIED TIME AND PLACES.

Know all men by these presents: That for and in consideration of the sum of one thousand dollars, to be paid as hereinafter mentioned, I, Dion Bourcicault, of the City and County of New York, have sold, assigned, transferred and set over, and by these presents do hereby sell, assign, transfer and set over, unto George Roberts, of the State of Connecticut, for the term of one year from the date hereof, the right, privilege, and license of acting, performing and representing, and of permitting to be acted, performed and represented, my play in five acts entitled

ASSIGNMENT OF RIGHT TO PERFORM DRAMATIC COMPOSITION.

'The Octoroon, or Life in Louisiana," in all cities in the United States and Canadas, excepting, however, the cities of Boston, New York, Philadelphia, Charleston, Mobile, and New Orleans. To have and to held the same to said George Roberts, his executors and administrators, together with all the rights and privileges granted and secured to me under the acts of Congress for the protection of my copyright of said play for the period and places aforesaid. Said sum of one thousand dollars to be paid as follows, to wit: six hundred and fifty dollars at the date of these presents and delivery of the manuscript of said play to said Roberts; the further sum of one hundred and fifty dollars on the fifteenth day of February next, and the further sum of two hundred dollars on the thirtieth day of March next. But it is nevertheless expressly understood and agreed, inasmuch as I am in negotiation with the managers of the Cincinnati Theatre for the sale of the license to perform and represent said play in such City of Cincinnati, that I am at liberty to conclude said sale, and in such event I am to credit the amounts I shall receive therefor towards the two payments above mentioned to be made on the fifteenth day of February and thirtieth day of March next by said Roberts to me.

In witness whereof, I have hereunto set my hand and seal, this thirtieth day of December, in the year one thousand eight hundred and fifty-nine.

In presence of

L. PITKIN,

WM. DIXEY.

Acknowledgment, as in No. 3.

DION BOURCICAULT. [L. S.]

This assignment held valid in Rober's v. Meyers, 13 Mo. Law Rep., 396.-SPRAGUE, J.; Mass., 1860.

INDEX

ΤΟ

COPYRIGHT LAWS.

References thus (*) are to sections; otherwise, to notes.

A.

ACTIONS IN RESPECT TO COPYRIGHTS-

U. S. Cir. Courts have original cognizance of..
redress or relief not extended to new cases...
injunctions allowed in equity suits.....
equity jurisdiction conferred solely by act of 1819.
equity jurisdiction does not extend to forfeitures.
when injunction not asked for, redress is at law.
citizenship of parties immaterial.

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jurisdiction of State courts, when not taken away.

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general issue pleadable in .

39

*10

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INDEX TO OBSOLETE LAWS.

ACTIONS IN RESPECT TO COPYRIGHTS-
for printing map, &c., without consent
recovery therein and for whose benefit.
where and when to be brought....
for printing manuscript without consent.
damages thereof, and where recoverable
for engraving print, &c., without consent.

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where may be recovered....

forfeiture in such case, and for whose benefit.

23

*3

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penalty therefor, and who entitled to.

for marking books, &c, as copyrighted when not so. 23

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23

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