PERFORMANCE, - continued.

refutation of theory that right to use play may be acquired by

memory, 566–572.

no English authorities in support. 567.

reasons given in support, 567, 568.

reasons examined, 568, 569.

no ground for distinction between memory and writing,

570-572.

instances of remarkable memories, 570, note 1.

common-law rights in United States not prejudiced by, 573.
acquiescence in unlicensed, 576.

made equivalent to publication by 5 & 6 Vict. c. 45, 574, 604.
beginning of statutory playright in unpublished play, 604.
essential to, 605.

must be in United Kingdom, 604.

what effect on rights in play, 605-612. See PLAYRIGHT.
statutory penalties and damages prescribed for unlawful, 626.
what is un'awful, within meaning of statute, 627-629.

public and private distinguished, 627.
charge for admission not essential, 627.
scenery, costumes, &c. not essential, 627.
place of, 628.

plurality of actors not essential, 628.

public reading may amount to, 629.

See PLAYRIGHT; PUBLICATION.

PERFORMANCE OF AGREEMENTS. See SPECIFIC PERFORMANCE
OF AGREEMENTS; AGREEMENTS BETWEEN AUTHORS AND PUB-

LISHERS.

PERIODICALS,

Great Britain.

special provisions of 5 & 6 Vict. c. 45, concerning, 170-172.
provisions of international acts concerning foreign, 216.

owners empowered by 5 & 6 Vict. c. 45, s. 18, to secure copy-
right in articles written by employés, 243-247.

rights of owner and author, 244.

as to separate publication, 245.

whether in all cases articles for, are governed by s. 18, 246.
payment for articles essential to right of publication, 246.
what publications are within s. 18, 247.

registration, 172, 280.

rights of author and publisher independently of special statutory
provisions, 379.

United States.

may be copyrighted, 168-170.

rights of author and publisher, 259, 379.

how copyright secured, 274.

title of, may be partnership property, 380.

name of editor not part of title, 380.

See CYCLOPEDIAS; NEWSPAPERS; TITLE OF PUBLICATION.
PERPETUAL COPYRIGHT.

given to universities and colleges by 15 Geo. III. c. 53, 73, 647.
discussion concerning. See LITERARY PROPERTY.

PETITIONS,

to Parliament of Anne for copyright law, 22 and note 4.
to Parliament of Victoria for extension of copyright, 75, 76.
to Congress for international copyright, 92.

PHOTOGRAPHS,

common-law property in unpublished, 102.
Great Britain.

when statutory protection first provided, 84.

copyright secured by 25 & 26 Vict. c. 68, 178, 179.

duration of copyright, 179, 300.

provisions of international copyright acts extended to, 179.

of paintings, original productions, 200, note 2.

foreign author not entitled to copyright unless resident within
British dominions, 230.

made by one person for another, 255.

registration, 281.

assignments must be registered, 281, 317.

whether publication of, is publication of painting or statue

within meaning of statute, 286, 288.

mode of transfer, 317.

when made for another, or sold, agreement as to copyright to be
in writing, 317.

unlicensed exhibition prohibited, 475, 482, 483.

also letting to hire, 482-483.

unlicensed, of engravings, unlawful, 480.

remedies for infringement, 482-485. See REMEDIES IN LAW.
statute governing copyright in, 691.

United States.

when statutory protection first provided, 91.

copyright given by revised statute, 180.

how secured, 265. See STATUTORY REQUISITES.

duration, 300.

remedies for infringement, 491-494. See REMEDIES IN LAW.
unlicensed copying by photography unlawful, 292.

statute governing copyright in, 698.

PIANO-FORTE ARRANGEMENTS. See MUSICAL COMPOSITIONS.
PICTURES. See ENGRAVINGS; PHOTOGRAPHS; PAINTINGS.

PIRACY,

defined and distinguished from plagiarism, 383.

PIRACY, continued.

fundamental principles by which determined, 383.

true test of, 385.

what does not amount to, 386–399. See FAIR USES OF COPYRIGHTED
WORKS.

copying from protected work essential to, 205-208, 399, 459, 484, 610.

no defence that piratical copy has been copied, 399.

copying from any unprotected work not unlawful, 400.

similarity creates presumption of copying, 400.

intention to pirate not essential, 401.

may aid in determining whether there has been copying, 402.
ignorance no defence, 403.

when question of ignorance affected by statute, 404.

by reprint of entire work, 404.

purpose for which work taken immaterial, 405–407.

no defence that work taken has been improved, or used for annota-
tion, &c., 405, 433, 442, 443.

substantial copy of protected work amounts to, 407.

substantial identity test of, 408, 481.

same rule applies to maps, engravings, paintings, music, &c.,
409-411, 481, 492.

immaterial by what mechanical process copy made, 410, 480, 492.
when material part is taken, 411.

illustrations may not be copied from book, 412.

publication complained of need not be substitute, 412.

what amount is material, 413. See QUANTITY.

value to be considered, 414, 524.

See Value.

compilations of common facts, 416-422, 394–399.

test of piracy, 416.

law construed in case of directories, 418.
descriptive catalogues, 421.

maps, 421.

compilations of published materials, 422-428.

when materials and arrangement are taken, 422.

when materials without arrangement are taken, 424.

when arrangement but not materials is copied, 425.

not piracy to adopt arrangement for other materials or for dif-
ferent purpose, 425.

whether arrangement may be adopted for same materials when
obtained from original sources, 425.

same materials may be used on same plan when no copying,

427.

how piratical copying ascertained, 428-432, 512-515.

common errors test, 428.

things against presumption of copying, 429.

presumption created by likeness must be overcome by defendant,
400, 430.

how defendant may rebut charge, 431.

when ascertained by court, 512, 513.

when reference to master will be made, 513, 514.

defendant should point out copied parts, produce manuscript,
&c., 515.

defendant's case prejudiced by his false denial, 515.

general principles governing, in case of abridgments, translations, and
dramatizations, 433, 434. See ABRIDGMENTS; TRANSLATIONS;
DRAMATIZATIONS.

66

copy" as used in statute does not mean literal transcript, but sub-
stantial copy, 450, 454.

whether in case of forfeitures, 488.

gratuitous circulation of copies may amount to, 474, 487, 493.
whether unlicensed sale of copies lawfully printed or imported
amounts to, 479.

whether copies made by hand amount to, 480.

whether unlicensed copying of engraving is piracy of painting, 483,
484, 493.

place of, must be in country granting copyright, 481, 487.
defences against charge of, 499.

what amounts to, in case of playright, 632.

substantial identity test of, 631–637.

one dramatization not, of another, unless unlawful copying, 638.
See CONSENT OF OWNER FORFEITURES; INJUNCTION; INTENTION;
Knowledge of PIRACY; ORIGINALITY; PENALTIES; Playright;
REMEDIES IN EQUITY; REMEDIES IN LAW; SIMILARITY;

PLACE,

UNPUBLISHED WORKS.

immaterial where book written, 225 note 1, 230 note 1, 234.
of printing, 296.

first publication must be in United Kingdom, 292.

and so in United States, 295.

native author may be abroad, 230, 235.

foreign author must be within British dominions, 229.

foreign author must be resident in United States, 231, 233.

of piracy, 487.

first performance of manuscript play must be in United Kingdom,
604.

foreign dramatist must be within British dominions, 605.

of performance with reference to piracy, 628.

PLAGIARISM,

distinguished from piracy, 383.

PLAN OF WORK,

not subject of copyright, 205, 425. See COMPILATIONS.
considered with reference to fair use of copyrighted work, 393.

PLANS,

statutory provision for, in England, 174.

playright in, given by 3 & 4 Will. IV. c. 15; and 5 & 6 Vict. c. 45,
586.

PLAYING CARDS,

See DRAMATIC COMPOSITIONS.

protected as prints, 178.

protection not denied because they are sometimes used for unlawful
purposes, 186.

PLAYRIGHT,

defined, 553.

distinguished from copyright, 601.

common-law, in unpublished dramas.

absolute till lost or taken away by statute, 554.

how affected by public performance, 554–572.

ANCE.

See PERFORM-

in United States not prejudiced by public performance, 573.
whether taken away by English statute, 575.

how affected by acquiescence in unlicensed performances, 576.
lost by authorized publication in print, 554, 577.

but not unauthorized, 577.

defendant must show authorized publication, 579.

in dramatizations, adaptations, and translations, 580.
not in immoral plays, 581.

no distinction between native and foreign dramatists, 581.
statutory, in Great Britain.

when first given, 84.

in printed and manuscript dramatic and musical compositions
extended to foreigners by international acts, 215.

how secured, 215, 217, 218, 281, 282.

whether secured in unpublished opera by registration of
opera, but not of published arrangements, 608–612.
secured by 3 & 4 Will. IV. c. 15, and 5 & 6 Vict. c. 45, in printed
and manuscript dramatic and musical compositions, 601, 602.
in what productions. See DRAMATIC COMPOSITIONS.

in music composed for dramatic representation by employé, 249,
251.

whether in instrumental music, 599, 639.

duration in printed compositions same as in books, 602, 605, 606.
whether perpetual in manuscript, 602, 603.

registration held not essential, 603.

conditions of securing, in manuscript plays, 601, 605.

in printed, 605.

not in manuscript play before performance, 604, 605.