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PLAYRIGHT, - continued.

performance of manuscript play a publication as to vesting of
playright, but not of copyright, 285, 286.

made equivalent to publication by statute, 574, 604.

lost by first publication in foreign country unless secured by
international acts, 220, 605.

lost by first representation of manuscript play abroad unless
secured by international acts, 294, 295, 604.

once secured in printed play, not affected by subsequent rep-
resentation, 605.

in plays published in print after representation, 606-612.

whether publication or representation beginning of, 606.
whether secured by first representation in England after
lost by first performance of manuscript play abroad, 606,
607.

whether lost by first publication abroad after secured by
first performance of manuscript play in England, 606, 607,
611.

statutes relating to, 3 & 4 Will. IV. c. 15, 656.

ss. 2, 20, 21, of 5 & 6 Vict. c. 45, 661, 670.

statutory, in United States.

when first given, 91.

in what. See DRAMATIC COMPOSITIONS.

only in copyrighted dramatic compositions, 612.
not in unpublished dramas, 612.

erroneous decisions, 612-614.

law rightly interpreted, 615, 616.
not in plays of foreign dramatists, 598.
in dramatic musical compositions, 598, 640.

not in instrumental music, 599, 640.

secured on same conditions and lasts for same time as copyright,
616, 6.7.

performance not such a publication as is essential to secure, 285.
not defeated by performance before secured, 285, 617.

statute relating to, 698.

Transfer of

at common law.

may be by parol, 581.

when title claimed by two persons, 581.

rights of assignee of foreign author for United States,
582-584.

under English statutes, 617-620.

absolute assignment of copyright held to carry future play-
right, 331.

may be independent of copyright, 334.

writing but not attestation or seal held essential, 303, 304, 617.
letter held to amount to, 324.

whether law settled that writing essential, 618.

whether before playright secured, may be by parol, 619.

PLAYRIGHT, — continued.

whether by registration, 619.

when playright not passed by assignment of copyright, 620.
under U. S. statute, 621-624.

may be independent of copyright, 334, 621.

whether by parol, 621.

may be by parol before publication, 622.

whether assignment of copyright carries playright, 622.
may be for specified place, 622.

whether for limited time, 624.

joint-authorship, authors employed, 624.

Remedies for Violation of.

common-law, 585.

in what court redress sought, 545, 585.
measure of damages, 585.

statutory.

PLEADING,

for invasion of copyright not available, 475, 555, 556.
distinguished from those for violation of copyright, 625.
prescribed by 3 & 4 Will. IV. c. 15, 626.

prescribed by U. S. revised statute, 626.

in England no statutory remedy for unlicensed printing of
manuscript play, 626.

what is unlawful performance, 627-629. See Performance.
who are liable, 629-632.

performance of material part of play may amount to piracy,
632.

penalties incurred under 3 & 4 Will. IV. c. 15 when material
part taken, 633.

actual damage need not be proved, 633.

how far offender liable under U. S. statute when part
taken, 634.

substantial identity test of piracy, 634–637.

one dramatization not piracy of another unless unlawful
copying, 638.

good intention or ignorance no defence, 638.

suit maintained without registration, 638.

in England consent to representation must be in writing, 638.

may be given by agent, 638.

writing not required by U. S. statute, 638.

limitation of action, 638.

in what court redress sought, 545, 639.

unlicensed playing of music, 639.

form of action, 495.

what must appear before equity will interfere, 498.

defences of piracy, 499.

defendant may plead general issue and give special matter in evi-

dence, 499.

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account of profits not asked for may be ordered under prayer for
general relief, 533.

appeal to U. S. Supreme Court irrespective of amount in contro-
versy, 533.

See EVIDENCE; JURISDICTION; LIMITATION OF ACTIONS.

PRAYER-BOOK,

prerogative right to, claimed by crown, 62-65.

PREROGATIVE COPIES,

right claimed by crown in certain books, 62.

conflicting opinions as to nature of, 63-65, 63 note 5.

right to law reports, 162, 163.

PRESS,

early regulation of. See LITERARY PROPERTY, History of, in

England.

PRINTER,

when liable.

to what liable.

IN LAW.

PRINTING,

See CONSENT OF OWNER; KNOWLEDGE OF PIRACY.
See DAMAGES; FORFEITURES; PENALTIES; REMEDIES

when introduced into England, 54, note 1.

government regulations concerning.

tory of, in England.

not in itself a publication, 291.

See LITERARY PROPERTY, His-

place of, with reference to vesting of copyright, 296.

in a foreign country not piratical, 470.

place of, with reference to piracy, 487.

unlawful. See REMEDIES IN LAW.

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on piratical copies sold may be sued for under 5 & 6 Vict. c. 45, 471.
agreement between author and publisher for division of, 350, 351, 366.
See ACCOUNT OF PROFITS.

PROPERTY,

origin of, 2-4.

Locke's theory concerning origin of, 3, note 3.

abandonment of, 9, 10.

eminent domain, 17.

may be acquired by virtue of employment, 243.

See LITERARY PROPERTY.

PROPRIETOR,

of unpublished work may secure copyright, 238-242, 247.

expressly empowered by U. S. statute to secure copyright, 257.

when consent of, to publish must be in writing. See CONSENT OF
OWNER.

PSEUDONYMS,

See ASSIGNEE.

copyright not prejudiced by, 196.

PUBLIC DELIVERY OF LECTURES. See LECTURES.

PUBLIC DOCUMENTS,

publication of, may be prevented by government, 132.
property in, belongs to government, 132, 164, 259.

may be copyrighted by government, 164.

See GOVERNMENT.

PUBLIC LIBRARIES. See LIBRARIAN OF CONGRESS; LIBRARIES.

PUBLIC PERFORMANCE.

See PERFORMANCE.

PUBLIC READING. See READING, PUBLIC.

PUBLICATION,

discussion as to effect of, on author's rights, 8-16.
common-law rights lost by, in print, 101.

what is, at common law, 115.

by printing catalogue of drawings, 115, note 2.

author's rights after, not lost by common law, but taken away by
statute, 116, 117.

when common-law rights lost by, 118–121.

not unless there be a statute to take them away, and the work be
published within meaning of statute, 120, 573, 574.

of engraving, what effect on common-law rights in painting, 119,
120, 286-288.

private circulation of copies not, at common law, 121.

exposing news to public by printed bulletins, 122.

of manuscripts prohibited by U. S. statute, 124. See MANUSCRIPTS.
performance of play not thus prohibited, 126, 626.

unlicensed, of letters. See LETTERS.

rights in England lost by first, abroad, unless secured by international
acts, 220, 294, 605.

separate rights of author and publisher of cyclopædias, periodicals,
&c. See PERIODICALS.

must precede registration, 279, 280.

beginning of statutory copyright and essential to, 283, 284, 615,
616.

must be within reasonable time after filing title, 284, 616.

what is, within meaning of statute, 285–292.

performance not, with reference to vesting of copyright, 285, 286.

PUBLICATION. — continued.

of engraving or photograph, whether of painting or statue,

286-288.

whether circulation of manuscript copies is, 289.

private circulation of copies not, 290.

when a book is published, 291.

of part, not of whole, 292.

of piano-forte arrangement, not of opera, 292.

first, in United Kingdom essential to copyright, 229, 230, 292–295.
copyright not defeated by contemporaneous, abroad, 293.

first, in United States essential to copyright, 295.

must be authorized, to defeat author's rights, 296, 577.

representation made equivalent to, by 5 & 6 Vict. c. 45, 574, 604.
common-law rights in unpublished play lost by authorized, 554, 577.
but not unauthorized, 577.

defendant must show authorized, 579.

considered with reference to playright in England, 605-612.
PLAYRIGHT.

no statutory playright in United States without, 612, 616.

PUBLISHER,

See PERFORMANCE.

See

when liable.

See CONSENT OF OWNER; KNOWLEDGE OF PIRACY.
to what liable. See DAMAGES; FORFEITURES; PENALTIES; REM-
EDIES IN LAW.

contracts with author. See AGREEMENTS BETWEEN AUTHORS AND
PUBLISHERS.

Q.

QUALITIES ESSENTIAL TO COPYRIGHT,

work must be innocent, 181-198. See BLASPHEMOUS PUBLICA-
TIONS; FALSE REPRESENTATIONS AS TO AUTHORSHIP; IMMORAL
PRODUCTIONS; SEDITIOUS PUBLICATIONS.

must be original, 198-208. See ORIGINALITY.

need not have literary merit, 208. See LITERARY MERIT.

must be material addition to useful knowledge, 210.

must be material in amount, 212. See QUANTITY.

what value, 208-211. See VALUE.

See RELIGION, WORKS AGAINST; UNPUBLISHED WORKS.

QUANTITY,

what, essential to copyright, 212.

what, material in determining piracy, 413.

illustrations of material, 414 note 1, 525-527.

injunction may be refused when slight, 523.

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