com sue or pro ment XXIV. And be it enacted, That no Proprietor of Copyright in any No ProBook which shall be first published after the passing of this Act shall prietor of maintain Copyright Action or Suit, at Law or in Equity, or any summary any Proceeding, in respect of any Infringement of such Copyright, unless mencing he shall, before commencing such Action, Suit, or Proceeding, have after this caused an Entry to be made, in the Book of Registry of the Stationers' Act shall Company, of such Book, pursuant to this Act (i): Provided always, that ceed for the Omission to make such Entry shall not affect the Copyright in any Inany Book, but only the Right to sue or proceed in respect of the fringeInfringement thereof as aforesaid: Provided also, that nothing herein before contained shall prejudice the Remedies which the Proprietor of the making sole Liberty of representing any Dramatic Piece shall have by virtue Entry in of the Act (3 Will. 4, c. 15) to amend the Laws relating to Dramatic Literary Property, or of this Act, although no Entry shall be made in the Book of Registry aforesaid. XXV. And be it enacted, That all Copyright shall be deemed Dramatic Personal Property, and shall be transmissible by Bequest, or in case of Intestacy, shall be subject to the same Law of Distribution as other Copyright Personal Property, and in Scotland shall be deemed to be Personal and Personal Moveable Estate. A the Book of Regis try. Proviso for Pieces. shall be Property. XXVI. And be it enacted, That if any Action or Suit shall be commenced or brought against any Person or Persons whomsoever for doing or causing to be done anything in pursuance of this Act, the Defendant or Defendants in such Action may plead the General Issue, and give the special Matter in Evidence; and if upon such Action a Verdict shall be given for the Defendant, or the Plaintiff shall become nonsuited, or discontinue his Action, then the Defendant shall have and recover his full Costs (k), for which he shall have the same Remedy as a Defendant in any Case by Law hath; and that all LimitaActions, Suits, Bills, Indictments, or Informations, for any Offence tion of that shall be committed against this Act shall be brought, sued, and commenced within Twelve Calendar Months next after such Offence committed, or else the same shall be void and of none effect; provided not to that such Limitation of Time shall not extend or be construed to extend to Actions, extend to any Actions, Suits, or other Proceedings which under the &c., in Authority of this Act shall or may be brought, sued, or commenced respect of for or in respect of any Copies of Books to be delivered for the Use of the Dethe British Museum, or of any One of the Four Libraries herein before livery of mentioned. Actions; Books. XXVII. Provided always, and be it enacted, That nothing in this Saving Act contained shall affect or alter the Rights of the Two Universities the Rights of Oxford and Cambridge, the Colleges or Houses of Learning within (i) See ss. 11, 13, ante. of the Universities and the Col (k) I.e. the usual costs between party and party; Avery v. Wood (1891), leges of 3 Ch. 115. Eton, Westminster, and Winchester. the same, the Four Universities in Scotland, the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, and the several Colleges of Eton, Westminster, and Winchester, in any Copyrights heretofore and now vested or hereafter to be vested in such Universities and Colleges respectively, anything to the contrary herein contained notwithstanding. Saving all XXVIII. Provided also, and be it enacted, That nothing in this Act subsisting contained shall affect, alter, or vary any Right subsisting at the Time Rights, Contracts, of passing of this Act, except as herein expressly enacted; and all Contracts, Agreements, and Obligations made and entered into before the passing of this Act, and all Remedies relating thereto, shall remain in full force, anything herein contained to the contrary notwithstanding. and En gagements. Extent of the Act. XXIX. (1) And be it enacted, That this Act shall extend to the United Kingdom of Great Britain and Ireland, and to every Part of the British Dominions. SCHEDULE to which the preceding Act refers. No. 1. FORM Of MINUTE of CONSENT to be entered at Stationers' Hall. WE, the undersigned, A. B. of the Author of a certain Book, intituled Y. Z. [or the personal Representative of the Author, as the case may be], and C. D. of do hereby certify, That we have consented and agreed to accept the Benefits of the Act passed in the Fifth Year of the Reign of Her Majesty Queen Victoria, cap. for the Extension of the Term of Copyright therein provided by the said Act, and hereby declare that such extended Term of Copyright therein is the Property of the said A. B. or C. D. To the Registering Officer appointed by the Stationers' Company. (1) See Chaps. VIII., IX., ante. No. 2. FORM of REQUIRING ENTRY of PROPRIETORSHIP. I A. B. of do hereby certify, That I am the Proprietor of the Copyright of a Book, intituled Y. Z., and I hereby require you to make Entry in the Register Book of the Stationers' Company of my Proprietorship of such Copyright, according to the Particulars underwritten. ORIGINAL ENTRY of PROPRIETORSHIP of COPYRIGHT of a Book. No. 4. FORM of CONCURRENCE of the PARTY assigning in any Book previously registered. I A. B. of being the Assigner of the Copyright of the Book hereunder described, do hereby require you to make Entry of the Assignment of Copyright therein. FORM OF ENTRY of ASSIGNMENT of COPYRIGHT in any Book previously registered. 7 VICT. c. 12 (n). An Act to amend the Law relating to International Copyright. WHEREAS by an Act (1 & 2 Vict. c. 59), hereinafter designated as "the International Copyright Act," Her Majesty was empowered by Order in Council to direct that the Authors of Books which should after a future Time, to be specified in such Order in Council, be published in any Foreign Country, to be specified in such Order in Council, and their Executors, Administrators, and Assigns, should have the sole Liberty of printing and reprinting such Books within the British Dominions for such Term as Her Majesty should by such Order in Council direct, not exceeding the Term which Authors, being British Subjects, were then (that is to say), at the Time of passing the said Act, entitled to in respect of Books first published in the United Kingdom; and the said Act contains divers Enactments securing to Authors and their Representatives the Copyright in the Books to which any such Order in Council should extend: And whereas an Act (5 & 6 Vict. c. 45) was passed, designated as "the Copyright Amendment Act," repealing various Acts therein mentioned relating to the Copyright of printed Books, and extending, defining, and securing to Authors and their Representatives the Copyright of Books: And whereas an Act was passed (3 & 4 Will. 4, c. 15), hereinafter designated as "the Dramatic Literary Property Act," whereby the sole Liberty of representing or causing to be represented any Dramatic Piece in any Place of Dramatic Entertainment in any Part of the British Dominions, which should be composed and not printed or published by the Author thereof or his Assignee, was secured to such Author or his Assignee ; and by the said Act it was enacted, that the Author of any such production which should thereafter be printed and published, or his. Assignee, should have the like sole Liberty of Representation until the End of Twenty-eight Years from the first Publication thereof: And whereas by the said Copyright Amendment Act, the Provisions of the said Dramatic Literary Property Act and of the said Copyright Amendment Act were made applicable to Musical Compositions; and it was thereby also enacted, that the sole Liberty of representing or performing, or causing or permitting to be represented or performed, in any Part of the British Dominions, any Dramatic Piece or Musical Composition, should endure and be the Property of the Author thereof and his Assigns for the Term in the said Copyright Amendment Act provided for the Duration of the Copyright in Books, and that the Provisions therein enacted in respect of the Property of such Copyright should apply to the Liberty of representing or performing any Dramatic Piece (n) See Chap. IX., ante, and 49 & 50 Vict. c. 33, post. |