[*314] ces are necessary to support an action at law, or a bill for an Statutes. (a) Blackwell v. Harper, 2 Atk. 95. Barn. Ch. Rep. 213. This case, as well as Jefferys v. Baldwin, Amb. 164, are rendered unimportant by the pro visions of the 7th Geo. 3, c. 57. (b) Vide post, 319. (c) Roworth v. Wilks, 1 Campb. 97. (d) 5 T. R. 41. (e) 2 Ves. jun. 323. The penalties for violating the copyright of maps, charts, musical compositions, engravings, cuts or prints, are, the forfeiture of the plate or plates, and of one dollar for every sheet found in the possession of the party, printed or published or exposed to sale, the one moiety to the true proprietor, and the other moiety to the use of the United States. The printing or publishing any manuscript whatever, without the consent of the author or legal proprietor first obtained, (if such author or proprietor be a citizen of the United States or resident therein,) renders the party liable to suffer and pay to the author or proprietor all damages occasioned by such injury, to be recovered by a special action on the case founded upon the statute, in any court having cognizance thereof; and the several courts of the United States empowered to grant injunctions to prevent the violation of the rights of authors and inventors, are empowered to grant injunctions in like manner, according to the principles of equity, to restrain such publications of manuscripts." [*315] Statutes. differed from Lord Hardwicke, and that he believed the insertion of the name and date to be essential to the plaintiff's right. The principal point determined in the above case of Thompson v. Symonds was, that the assignee of a print may maintain an action under the 17 Geo. 3, and that in such action it is not necessary to produce the plate itself in evidence, one of the prints taken from the original plate being good evidence. It has recently been determined at nisi prius, by analogy to those cases in equity, which have decided that there can be no copyright in a particular subject, (a) that where an engraving has been made from a picture, it is not a piracy to make another engraving from the original picture.(b)[1] There are two other sorts of property, of a nature in some (a) Vide post. (b) De Berenger v. Weble, 2 Stark. N. P. C. 548. [1] The rules which determine," says Mr. Curtis, in his work on Copyright, pp. 301 and 302, "when the copyright of a print or engraving is infringed, are entirely analogous to those applied to literary compositions. There may be an exact reproduction, or an imitation of the main design, with alterations merely colorable. When the design is the original production of the artist-the fruit of his own imagination-no other person can publish it, because there is no common source to resort to; and where there is a common source, as where the subject of the engraving is an object in nature or a work of art, that common source, and not the original print, may be resorted to. The question therefore will be in both cases, whether the defendant has copied or unlawfully imitated the plaintiff's print. A copy has been said to be that which comes so near to the original, as to give every person the idea created by the original. So, too, if there be such a similitude and conformity between the two prints that the person who executed the one must have used the other as a model, he will be deemed a copyist of the main design. "But when the original design of an artist is taken from a print and appropriated and used in another form and by another vehicle than by a reprint, and without a sale, a very nice question arises, whether the statutes have given any remedy." In this country, the statute of 1831 provides, that if any person shall engrave, etch or work, sell or copy, or cause to be engraved, etched, worked or sold, or copied, either on the whole or by varying, adding to or diminishing the main design of a print, cut or engraving, map, chart or musical composition, with intent to evade the law, or shall print or import for sale, or cause to be printed or imported for sale, any such map, chart, &c., without the consent of the proprietor of the copyright, first obtained in writing, signed in the presence of two credible witnesses, or knowing the same to be so printed or imported without such consent, shall publish, sell, or expose to sale, or in any manner dispose of any such map, chart, &c., without such consent, then such offender shall forfeit, &c. measure connected, and which are also protected by similar Statutes. statues. By the 54 Geo. 3, c. 23, (which amended and extended the Sculptures, provisions of the 38 Geo. 3, c. 71,)(a) the property of all models, &c. original sculptures, models, copies and casts, are vested in the first maker of them, with an additional term of fourteen years, in the case they shall be living at the end of that time.[2] [*316] linens, cottons, *By the 34 Geo. 3, c. 23, (which amended and extended the Patterns for 27 Geo. 3, c. 38,) the property in all original patterns for &c. printing linens, cottons, calicoes or muslins, is vested in the designers, printers and proprietors for three months, to commence from the day of first publishing thereof, which shall be truly printed, with the name of the printer or proprietor at each end of every such piece of linen, &c. It has not been determined upon this statute whether an action can be supported, though the requisites as to the date and name are not complied with. The only determination upon it is the case of Mackmurdo v. Smith,(b) when the court of king's bench were of opinion that the omission of an averment in the declaration, “that the day, &c. was printed," was aided by (a) An instance of the absurdity and inefficiency of this act will be found in the case of Gahagan v. Cooper, 3 Camp. 111. (b) 7 T. R. 518. [2] In England, by the 54 George III. c. 56, the sole right and property of every new and original sculpture, model, copy or cast of the human figure, or of any bust, or any part of the human figure, clothed in drapery or otherwise; or of any animal, or of any part of an animal, combined with the human figure or otherwise; or of any subject being matter of invention in sculpture, or of any alto or basso-relievo representing any of the above-mentioned matters; or any cast from nature of the human figure, or part of the human figure, or any subject containing or representing any of the above-mentioned matters and things, whether separate or combined, is vested in the person who shall make them or cause them to be made, for the term of fourteen years from the time of first publication; provided that the proprietor's name, before publication, with the date, be put on such original sculpture, model, copy or cast, &c. The sixth section gives an additional term of fourteen years to the person who originally made or caused to be made the sculpture or other matter, if he be living at the end of the first term, and have not divested himself of the copyright by sale or otherwise. In this country, the sole right and property of an artist in original sculpture, is protected for seven years, by a law which requires an entry to be made at the patent office. This protection extends to any citizen or citizens, alien or aliens, having resided one year in the United States, and taken the oath of his or their intention to become a citizen or citizens. Statutes. verdict, it being stated in the declaration, that the defendants. pirated the pattern within the term of three months from the day of the first publishing thereof, and while the plaintiffs were entitled to have the sole right of printing the same.[1] [1] The more recent English statutes relative to copyright, are: 3 Will. 4, c. 15-"An act to amend the laws relating to Dramatic and Literary Property," (10th June, 1833.); 5 and 6 Will. 4-"An act for the publication of Lectures without consent," (9 September, 1835,); 1 and 2 Vict. c. 59—“An act for securing to authors, in certain cases, the benefit of International Copyright," (31st July, 1838,); 5 and 6 Vict. c. 45-"An act to amend the Law of Copyright, (1st July, 1842,); 6 and 7 Will. c. 59-"An act to extend the protection of Copyright in prints and engravings, in Ireland; 6 and 7 Will. 4, c. 110-"An act to repeal so much of an act of the Fifty-fourth year of King George the 3d, respecting Copyrights, as requires the delivery of a copy of every published book to the library of Sion College, the four Universities of Scotland, and of the King's Inns in Dublin." The power of granting and protecting copyrights is vested, by the Constitution of the United States, in Congress. Art. I., sec. 8. The act of the 31st May, 1790, entitled "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned." And the act of April 29th, 1802, "Supplementary thereto, and extending the benefits thereof, to the arts of designing, engraving and etching historical and other prints," compose the law of this country on this subject. By the first of these statutes it is provided that the authors of any map, chart or book, or the proprietors of the copyright of any map, chart, or book, printed in the United States, or made and composed, and not yet printed and published, and their executors, administrators or assigns, shall have the sole right of printing, publishing and vending the same for the term of fourteen years from the recording of the title in the clerk's office, as thereinafter mentioned. Such authors or proprietors must be citizens of the United States, or residents within the same. And if, at the expiration of the term, such authors are living and residents within the United States, the right shall be continued for the further term of fourteen years, provided the title of the book, &c., is again recorded in like manner. If any person, without the consent in writing of the author or proprietor, shall print, publish, or import any copies of such books, or shall publish, sell, or expose the same to sale, he shall forfeit every copy and every sheet thereof to the author or proprietor, to be destroyed by him, and shall also forfeit fifty cents for every sheet which shall be found in his possession, the one moiety to the author or proprietor, who shall sue for the same, and the other to the United States, to be recovered in an action of debt, in any court, of record of the United States, wherein the same is cognizable; such action to be commenced within one year after the cause of action arises. A printed copy of the title of the map, chart, or book, must, before publication, be deposited in the clerk's office of the district court, where the author or proprietor resides, who shall record the same in the manner and form specified in the act, and a copy of such record shall be published by the author or proprietor, within two months after the date thereof, in one or more of the newspapers printed in the United States, for four weeks. The author or proprietor of such map, chart, or book, is also required within six months after the publish The final decision upon the much agitated question as to Prerogative Copyright. ing thereof, to deliver to the secretary of state, a copy thereof. But it is provided, that nothing in the act shall be construed to prohibit the importing, vending, printing or publishing, within the United States, of any map, chart, or book, written, printed or published, by any person, not a citizen of the United States, in foreign parts. The act further declares that any person printing or publishing any manuscript, without the consent of the author, or proprietor, in writing, (if such author or proprietor be a citizen of, or a resident of the United States) shall be liable to such author or proprietor, for all damages occasioned thereby, to be recovered by special action on the case, in any court having cognizance thereof; and provides that persons prosecuted by virtue thereof, may plead the general issue, and give the special matter in evidence. The act of the 29th April, 1802, requires the author or proprietor of every book to insert a copy of the record, at full length, in the title page, or in the page following, and if a map, or chart, to cause the following words to be impressed on the face thereof, “Entered according to act of Congress," stating also the time when and the person by whom entered. This act also extends the benefits of the former act to every person, being a citizen of the United States, or a resident within the same, who shall invent, and design, engrave, etch, or work, or from his own works and inventions, shall cause to be designed, engraved, etched or worked, any historical or other prints, for the same term, and upon the like conditions. The entry to be engraved on the plate, with the name of the proprietor, and to be printed on the print. Any person, within the time limited by the act, engraving, etching, or working, copying, or selling such prints, in whole, or in part, or printing, reprinting, or importing the same, or any parts thereof, or causing the same to be done, or publishing, selling, exposing to sale, or otherwise disposing of such prints, without consent in writing of the proprietors, shall forfeit the plate or plates, and the sheets wherever such prints are printed, to the proprietor of the original print, who shall destroy the same; and shall also forfeit one dollar for every print found in his custody, the one moiety to the person who shall sue for the same, and the other to the United States, to be recovered as provided in the former act. This act also provides, that if any person shall print or publish any map, chart, book or print, who has not legally acquired the copyright thereof and shall insert therein, or impress thereon that the same has been entered according to the act of congress, or words purporting the same, or purporting that the copyright has been required, such person shall forfeit one hundred dollars, one moiety to the person who shall sue for the same, and the other to the United States, to be recovered as aforesaid; the action to be brought within two years after the cause of action has arisen. Statute of Feb. 15, 1819, provides that the circuit courts of the United States shall have original cognizance, as well in equity as at law, of all actions, suits, controversies, and cases arising under any law of the United States, granting or confirming to authors or inventors the exclusive right to their respective writings, inventions, and discoveries: and upon any bill in equity, filed by any party aggrieved in any such cases, shall have authority to grant injunctions, according to the course and principles of courts of equity, to prevent the violation of the rights of any authors or inventors, secured to them by any laws of the United States, on such terms and conditions as the said courts may deem fit and reasonable: Provided, however, that from all judgments and decrees of any circuit courts, rendered in the premises, a writ of error or appeal as the |