unsuccessful attempts to apply prevalent doctrine to photographs, maps, and illustrations, 445, note 1. ACCOUNT OF PROFITS, remedy in equity, 497. may be ordered when temporary injunction refused, 521. only approximate measure of damage, 531. right to, dependent on right to injunction, 532. may be ordered before injunction granted, 533. not asked for, may be ordered under prayer for general relief, 533. how profits of past sales ascertained, 533. plaintiff entitled to profits from sales on commission of piratical copies, 533. defendant ordered by equity to pay net profits, and sent to law for gross, 471, 534. in case of violation of common-law playright, 585. statutory playright, 625. ACQUIESCENCE, remedies in equity defeated by plaintiff's consent to publication, which need not be written, 501. when plaintiff's consent may not be implied, 502. plaintiff may forfeit rights by delay or laches, 504. and so, where he has permitted other piracies than defendant's, 504. plaintiff not responsible for delay when ignorant of piracy, 505. defendant must show knowledge in plaintiff, 505. delay may be explained, 505. plaintiff's rights not prejudiced by custom, 506. stronger case of, must be shown on final hearing than preliminary application, 506. whether plaintiff's rights lost by apparent, 506–508. tendency of recent decisions toward doctrine that plaintiff's rights are not lost by mere delay, 508-512. defendant must show plaintiff's consent, 508. plaintiff's knowledge of piracy does not amount to consent, 510 512. in unlicensed performances of unpublished play, 576. ACTING. See PERFORMANCE. form of, for infringement of copyright, 495. See DAMAGES, ACTION FOR; JURISDICTION; LIMITATION ACTS OF CONGRESS. See STATUTES IN FORCE. ACTS OF PARLIAMENT, prerogative right to, claimed by crown, 62–65, 163. See STATUTES; STATUTES IN FORCE; PUBLIC DOCUMENTS. ADAPTATIONS, of dramatic compositions. See DRAMATIZATIONS. provisions of international copyright acts relating to foreign, ADVERTISING PUBLICATIONS, may be copyrighted, 161-168. but not when mere advertisements, 164, 178, 211. AGREEMENTS BETWEEN AUTHORS AND PUBLISHERS, in United States, 259, 379. See PERIODICALS. as to renewal of copyright, 326–334. See RENEWAL OF COPYRIght. for publication of specified number of copies gives exclusive right to for publication of one edition only gives no right to publish a second, that publisher shall publish second edition, if called for, and print - entitled, and bound to publish, when demand for, 357-363. question of demand determined by proof, 364. may publish as many copies of second edition as he can sell, but not third edition, 358, 359. right to publish exclusive, 360. for publication of subsequent editions, if called for, publisher entitled indefinite as to duration and number of copies, not assignment of copyright, 346, 353. - exclusive right of publication during existence of, 317, 369. nature of, 346. personal and not transferable, 348, 366. author may end, by notice given before expense incurred on future publisher may issue successive editions until receipt of notice, 352, 365. not bound to publish more than one edition, 352, 365. AGREEMENTS BETWEEN AUTHORS AND PUBLISHERS, continued. publisher may sell all copies printed under, 347, 352, 365, 368, 369. judicial opinion that publisher's right of selling copies printed continues exclusive after end of agreement, 347, 368. publisher's right to sell after agreement ended held not exclusive, 368. decision questioned, 370. for division of profits on copies sold above specified number; rights of author after bankruptcy of publisher, 350. with State reporter for publication of law reports, 362. publisher bound to observe terms of, 347, 360, 365. selling price, when not specified, may be fixed by publisher, 352, 353, 365. and on same principle the style, 365. meaning of edition, 355 note, 357 note 1, 358, 359, 378. division of profits, 350, 351, 366. when question whether new edition is called for determined by proof, 364. when left to publisher, 353, 361. when agreement not transferable, 366. publisher may acquire exclusive rights by implied agreement, 367. legal title remains in author, unless assignment made, 368. publisher may acquire equitable title, 368. rights of publisher who has bought copyright for limited time, 372, 373, 339, 341, 342. rights of assignor and assignee after assignment, 338-342, 372, 373. negative covenant by author, 373. author may not reproduce work after sale of copyright, 374. whether publisher may make changes in author's manuscript, 375-377. publisher liable for injury to author by false representations as to authorship of revised edition, 377. publisher entitled to damages when author refuses to supply rest of manuscript after part is printed, 378. copies printed to replace those destroyed by fire not a new edition, 378. unlawful publications, 378. title of magazine partnership property, 380. name of editor not part of title, 380. joint-owners of copyright may make agreement inter sese for publication, 381. governed by Statute of Frauds, 381. remedies in equity concerning the specific performance of, 541-543. See SPECIFIC PERFORMANCE OF AGREEMENTS. in what court actions and suits brought, 516. See JURISDICTION. EMPLOYER AND EMPLOYÉ. ALIENS. See FOREIGN AUTHORS; INTERNATIONAL COPYRIGHT. ALISON, ARCHIBALD, petition in favor of copyright extension, 76 and note 1. ALMANAC, prerogative right to claimed by crown, 62-65. AMOUNT, of matter essential to copyright, piracy, &c. in controversy. See JURISDICTION. See QUANTITY; ANIMUS FURANDI. See INTENTION; KnowledgE OF PIRACY. ANNOTATION, creates title to copyright, 153, 156, 200. copyrighted work may not be used for, without authority, 405, 406. See COMPILATIONS; EDITIONS. APPEAL, may be made to U. S. Supreme Court, irrespective of amount in controversy, 545. ARRANGEMENT, of materials. See COMPILATIONS. of music. See MUSICAL COMPOSITIONS. ART, WORKS OF. See CHROMOS; DESIGNS; DRAWINGS; ENGRAVINGS; MODELS; PAINTINGS; PHOTOGRAPHS; SCULPTURE; STATUARY. ARTICLES, copyright in. See CYCLOPAEDIAS; EMPLOYER AND EMPLOYÉ; NEWSPAPERS; PERIODICALS. ARTISTS. See AUTHOR. ASSIGNEE, of foreign author, whether entitled to benefit of U. S. Statute prohibiting publication of manuscript, 125. of foreign author, rights of. See FOREIGN AUTHORS. whether foreign, of native author entitled to copyright in United States, 235. who is, 238. copyright vests ab initio in, 238, 306, 320. owner of manuscript may secure copyright, 239-243, 247. acquires statutory copyright when assignment made after publication, 239, 242, 306, 307. common-law rights when before, 239, 242, 306, 307. of common-law rights is recognized by statute as entitled to secure owner of unpublished work has essential qualities of, 240. not entitled to copyright unless author is, 242. whether limited, may transfer copyright, 338. of painting, drawing, or photograph must register assignment before rights of, as to selling copies, 338-342, 372, 373. rights of, who has bought foreign play for United States, 582-584. of foreign dramatist protected by common law, 581. rights of, as to renewal. See RENEWAL OF COPYRIGHT. in bankruptcy. See BANKRUPTCY. See EMPLOYER AND EMPLOYÉ; TRANSFER OF Copyright; PLAYRIGHT, Transfer of. ASSIGNMENT. See TRANSFER OF COPYRIGHT; PLAYRIGHT, Trans- discussion as to meaning of, in English Statute, whether restricted to British, entitled to copyright in England when resident abroad, 230. immaterial where American resides, 234. who is, 236. joint, 237, 624. rights of, who has designed dramatic representation, 249. of map designed by one person and drawn by another, 254. he is not, who merely suggests subject, 259. See AGREEMENTS BETWEEN AUTHORS AND PUBLISHERS; EMPLOYER B. BALDWIN, JOHN D., report to Congress in favor of international copyright, 93. whether copyright will pass in, without writing, 315, 322. provision in English statute for transmission of copyright by, 302, 312. in United States, 321. BIBLE, prerogative right to English translation claimed by crown, 62–65. whether author may prevent unlicensed publication of manuscript, or recover damages, 114. not entitled to copyright, 182, 187. |