Lapas attēli
PDF
ePub

the name of the party by whom it was taken out; thus "Copyright, 18—, by A. B."

SEC. 2. That for recording and certifying any instrument of writing for the assignment of a copyright, the Librarian of Congress shall receive from the persons to whom the service is rendered, one dollar; and for every copy of an assignment, one dollar; said fee to cover, in either case, a certificate of the record, under seal of the Librarian of Congress; and all fees so received shall be paid into the Treasury of the United States.

Fee for recording and certifying assignments of

copyright.

Restriction on

application of

words Engraving," ""cut." and "print."

Other prints and labels may be

Patent Office.

SEC. 3. That in the construction of this act, the words " Engraving," "cut," and "print" shall be applied only to pictorial illustrations or works connected with the fine arts, and no prints or labels designed to be used for any other articles of manufacture shall be entered under the copyright law, but may be registered in the Patent Office. And the Commissioner of Patents is hereby charged with the supervision and control of the entry or registry of such prints or labels, in conformity with the regulations provided by law as to copyright of prints, except that there shall be paid for recording Fees. the title of any print or label not a trade mark, six dollars, which shall cover the expense of furnishing a copy of the record under the seal of the Commissioner of Patents, to the party entering the same.

registered in Commissioner of

Patents charged

with supervision.

sistent laws.

SEC. 4. That all laws and parts of laws inconsistent with Repeal of inconthe foregoing provisions be and the same are hereby repealed. SEC. 5. That this act shall take effect on and after the first day of August, eighteen hundred and seventy-four. Approved, June 18, 1874.

Takes effect Aug. 1, 1874.

Provisions of the Revised Statutes of the United States which, with section 4970 (ante, p. 704), govern Jurisdiction in Copyright Cases.

SEC. 629. The circuit courts shall have original jurisdiction Jurisdiction. as follows:

First. Of all suits of a civil nature at common law or in equity, where the matter in dispute, exclusive of costs, exceeds the sum or value of five hundred dollars, and an alien

Aliens, citizens

of different

States.

Writs of error and appeals, without reference to amount.

Patent and copyright cases.

is a party, or the suit is between a citizen of the State where it is brought and a citizen of another State.

.

Ninth. Of all suits at law or in equity arising under the patent or copyright laws of the United States.1

SEC. 699. A writ of error [to the Supreme Court of the United States] may be allowed to review any final judgment at law, and an appeal shall be allowed from any final decree in equity hereinafter mentioned, without regard to the sum or value in dispute:

First. Any final judgment at law or final decree in equity of any circuit court, or of any district court acting as a circuit court, or of the supreme court of the District of Columbia, or of any Territory, in any case touching patent-rights or copyrights.2

1 U S. Rev. St. 110, 111.

The Act of March 3, 1875, 18 U. S. St. at L. 470, provides that "the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature at common law or in equity, where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which the United States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different States or a controversy between citizens of the same State claiming land under grants of different States, or a controversy between citizens of a State and foreign states, citizens, or subjects."

2 U. S. Rev. St. 130.

INDEX.

INDEX.

A.

ABANDONMENT. See ACQUIESCENCE; PERFORMANCE; PUBLICA-

TION.

ABBREVIATIONS,

explanation of, see table preceding TABLE OF CASES.

ABRIDGMENTS,

prohibition of unauthorized, recommended by royal commissioners,
52.

may be copyrighted, 158.

test of originality, 158, 159, 200.

what may be abridged, 159, 433.

law reports, 160.

of foreign works may be copyrighted in United States, 232.
right in, may be assigned independently of copyright in original, 334.
considered with reference to piracy, 433-445.

general principles, 433, 434.

may be numerous of unprotected original, 433.

of copyrighted work cannot be justified on ground of improve-

ment of original, 433.

tests by which question of piracy determined, 434.

review of English authorities, 435–437.

judicial dicta that bona fide, not piratical, 435, 437.

direct authorities that bona fide, not piratical, 436, 438-440.
English authorities treated as obsolete, 436.

views of McLean, J., against current doctrine, 439.
what authority in support of prevalent doctrine, 436, 440.
doctrine maintained that unlicensed, are piratical, 440-445.
question to be determined by general principles governing
piracy, 440.

abridgment defined, 441.

grounds on which unlicensed, held lawful, not tenable, 442.
abridger takes material part of copyrighted work without
authority, which must amount to piracy, 443–445.
views of Kent, Lord Campbell, Wood, V. C., and Lieber,
445, note 1.

« iepriekšējāTurpināt »