Dodsley v. Kennedy, Ambl. 696. Colman v. Macklin v. Pope v. Curl, 2 from the first than by leaving out certain parts, and only by that means shortening it, it has been held not to be a fair abridgment, and that the author had no copy-right therein. + Sect. 48. But extracts from a work may be published in a magazine. + Sect. 49. It hath been determined, that after a dramatic work has been represented on the stage, and the copy-right of the drama sold by the author, the representation of the same piece on another stage is not a piracy within the 8 Ann. c. 19.; for reporting any thing from memory can never be a publication within that statute. Sect. 50. But it hath been determined, that if a dramatic author suffer his piece to be performed only by his particular permission, taking the copy from the prompter when the representation is over, but never prints or publishes it, it is piracy to take down the piece in short-hand while it is representing, and to publish it, although the inaccuracies of the short-hand writer are corrected by the memory of the publisher. + Sect. 51. So also the writer of familiar letters retains a right to the contents of his letters, and the person to whom they are sent has only a special property in them; and the sending does not give a license to any person whatsoever to publish them to the world, for the property of them subsists in the writer. As to the sixth particular, viz. What remedies are given to peserve copy-right. 66 66 66 66 By 54 Geo. 3. c. 156. s. 4. it is enacted, "That if any book"seller or printer or other person whatsoever, in any part of the United Kingdom of Great Britain and Ireland, in the Isles of Man, Jersey or Guernsey, or in any other part of the British "dominions, shall, from and after the passing of this act, within "the terms and times granted and limited by this act as aforesaid, print, reprint or import, or shall cause to be printed, reprinted " or imported, any such book or books, without the consent of "the author or authors, or other proprietor or proprietors of "the copy-right of and in such book or books, first had and ob"tained in writing; or knowing the same to be so printed, reprinted or imported, without such consent of such author or authors, or other proprietor or proprietors, shall sell, publish or expose to sale, or cause to be sold, published or exposed to sale, or shall have in his or their possession for sale, any such "book or books, without such consent first had and obtained as "aforesaid, then such offender or offenders shall be liable to a special action on the case, at the suit of the author or authors, " or other proprietor or proprietors of the copy-right of such "book or books so unlawfully printed, reprinted or imported, or published or exposed to sale, or being in the possession of "such offender or offenders for sale as aforesaid, contrary to the "true intent and meaning of this act: and very such author or "authors, or other proprietor or proprietors, shall and may, by "and in such special action upon the case, to be so brought 66 66 " against 66 66 66 against such offender or offenders, in any court of record in "that part of the said United Kingdom, or of the British dominions, in which the offence shall be committed, recover such damages as the jury on the trial of such action, or on the exe"cution of a writ of inquiry thereon, shall give or assess, together of law, "with double costs of suit; in which action no wager "essoin, privilege or protection, nor more than one imparlance, "shall be allowed; and all and every such offender and offenders "shall also forfeit such book or books, and all and every sheet "being part of such book or books, and shall deliver the same "to the author or authors, or other proprietor or proprietors of "the copyright of such book or books, upon order of any court "of record in which any action or suit in law or equity shall be "commenced or prosecuted by such author or authors, or other proprietor or proprietors, to be made on motion or petition to the "said court, and the said author or authors, or other proprietor or proprietors, shall forthwith damask or make waste paper of the said "book or books and sheet or sheets; and all and every such pence "offender and offenders shall also forfeit the sum of three "for every sheet thereof, either printed or printing, or published "or exposed to sale, contrary to the true intent and meaning of "this act; the one moiety thereof to the king's most excellent "majesty, his heirs and successors, and the other moiety thereof "to any person or persons who shall sue for the same, in any "such court of record, by action of debt, bill, plaint or informa❝tion, in which no wager of law, essoin, privilege, or protection, "nor more than one imparlance shall be allowed: provided althat in Scotland such offender or offenders shall be liable ways, "to an action of damages in the court of session in Scotland, "which shall and may be brought and prosecuted in the same "manner in which any other action of damages to the like "amount may be brought and prosecuted there; and in any such "action where damages shall be awarded, double costs of suit or shall be allowed." 66 expenses process 66 of By sect. 5. of the act, the title to the book must be entered within one month after the first day of sale, publication or advertisement, within the bills of mortality, or within three months if published in any other part of the United Kingdom, in the register book of the Stationers' Company, and a copy on the best paper delivered for the use of the British Museum, under a penalty in default of making such entry by the publisher of five pounds and eleven times the price of the book, with a proviso, that the default shall not affect the title to copy-right but only subject the person making default to the penalty. 637 Atk. 342. + Sect. 52. It hath been determined on the statute of Ann. that Pope v. Curl, 2 if a book has been pirated, and printed in Ireland, yet that will not excuse the vendor from the penalties of this act. + Sect. 53. So also it hath been determined, that an action Lord Mansfield, may be brought, or an injunction obtained in a court of equity, 1 Bl. Rep. 330. although the publication be not entered at Stationers' Hall. + Sect. † Sect. 54. By 12 Geo. 2. c. 36. s. 1. "It shall not be lawful for any person or persons whatsoever to import or bring into this kingdom for sale, any book or books first composed or written, " and printed and published in this kingdom, and reprinted in any "other place or country whatsoever; and if any person or per"sons shall import or bring into this kingdom for sale any printed "book or books so first composed or written, and printed in this "kingdom, and reprinted in other place or country, as aforesaid; "or knowing the same to be so reprinted or imported, contrary "to the true intent and meaning of this act, shall sell, publish, or "expose to sale any such book or books; then every such person "or persons so doing or offending, shall forfeit the said book or "books, and all or every sheet or sheets thereof; and the same "shall be forthwith damasked, and made waste paper; and "further, that every such offender or offenders shall forfeit the "sum of five pounds, and double the value of every book which " he or they shall so import or bring into this kingdom, or shall "knowingly sell, publish, or expose to sale, or cause to be sold, published, or exposed to sale, contrary to the true intent and " meaning of this act; the one moiety thereof to the king's most "excellent majesty, his heirs and successors, and the other moiety "to any person or persons that shall sue for the same; to be re"covered with costs of suit in any of his majesty's courts of "record at Westminster by action of debt, bill, plaint, or informa"tion; in which no wager of law, essoin, or protection, or more "than one imparlance shall be allowed; and if the offence be "committed in Scotland, to be recovered before the court of "session there, by summary action: provided that this act shall "not extend to any book that has not been printed or reprinted “in this kingdom within twenty years before the same shall be "imported." 66 Sect. 55. By 12 Geo. 2. c. 36. s. 2. it is further enacted, "That nothing in this act contained shall extend to prevent or "hinder the importation of any book first composed or written, "and printed in this kingdom, which shall or may be reprinted abroad, and inserted among other books or tracts, and to be "sold therewith, in any collection where the greatest part of such "collection shall have been first composed or written, and printed 66 abroad; any thing in this act contained to the contrary notwithstanding." + Sect. 56. It hath been determined under this statute, that two penalties may be incurred on the same day, if the acts of sale are distinct. Sect. 57. By 34 Geo. 3. c. 20. s. 57. "It shall not be "lawful for any person or persons whatsoever to import or bring "into this kingdom, for sale, any book or books first composed, "written, or printed, and published in this kingdom, and reprinted "in any other country or place whatsoever; and if any person or "persons shall import or bring, or cause to be imported or "brought into this kingdom, for sale, any printed book or books "first composed, written, or printed and published in this king"dom, and reprinted in any other country or place as aforesaid, or 66 66 66 of customs and or shall knowingly sell, publish, expose to sale, or have in his, "her, or their possession for sale, any such book or books, then "every such book and books shall be forfeited, and shall and may "be seized by any officer or officers of customs or excise, and the same shall be forthwith made waste paper; and further, that "every person and persons so offending, being duly convicted "thereof, shall for every such offence forfeit the sum of ten "pounds, and double the value of each and every copy of such "book or books which he, she, or they, shall so import or bring, or cause to be imported or brought into this kingdom, or shall knowingly sell, publish, expose to sale, or cause to be sold, published, or exposed to sale, or shall have in his, her, or their possession for sale, contrary to the true intent and meaning of "this act; and the commissioners of customs in England and Commissioners "Scotland respectively (in case the same shall be seized by any excise may "officer or officers of the customs), and the commissioners of reward their officers seizing "excise in England and Scotland respectively (in case the same "shall be seized by any officer or officers of excise), shall also "reward the officer or officers who shall seize any such books "which shall be so made waste paper of, with such sum or sums "of money as they the said respective commissioners shall think fit, not exceeding the value of such books; such rewards respectively to be paid by the said respective commissioners out "of any money in their hands respectively arising from the duties by this act imposed: provided, that this act shall not extend to any book that has not been printed or reprinted in this kingdom "within twenty years before the same shall be imported, nor to "any book reprinted abroad, and inserted among other books or "tracts to be sold therewith in any collection where the greatest part of such collection shall have been first composed or written "abroad." 66 66 66 As to the FIFTH POINT, viz. How far engravers have an exclusive right to engravings. 66 such books. the inventor for Sect. 58. By 8 Geo. 2. c. 13. s. 1. it is enacted, "That every Property of person who shall invent and design, engrave, etch, or work in prints vested in mezzotinto or chiaro oscuro, or from his own works and inven- fourteen years. "tions shall cause to be designed and engraved, etched, or worked 3 Wils. 60. "in mezzotinto or chiaro oscuro, any historical or other print or "prints, shall have the sole right and liberty of printing and reprinting the same for the term of fourteen years, to commence "from the day of the first publishing thereof, which shall be truly 66 66 66 " engraved with the name of the proprietor on each plate, and printed on every such print or prints; and that if any printseller Proprietor's "or other person whatsoever, from and after the twenty-fourth name to be day of June one thousand seven hundred and thirty-five, within "the time limited by this act, shall engrave, etch, or work as 66 66 affixed to each print. aforesaid, or in any other manner copy and sell, or cause to be Penalty on printsellers or "engraved, etched, copied and sold, in the whole or in part, by others pirating "varying, adding to, or diminishing from the main design, or the same. "shall print, reprint, or import for sale, or cause to be printed, reprinted, or imported for sale, any such print or prints, or any parts thereof, without the consent of the proprietor or proprie "tors thereof first had and obtained in writing, signed by him or them Not to extend to purchasers of plates from the original proprie tors. 66 66 "them respectively in the presence of two or more credible witnesses, or knowing the same to be so printed or reprinted, with❝out the consent of the proprietor or proprietors, shall publish, sell, or expose to sale, or otherwise, or in any other manner dispose of, or cause to be published, sold, or exposed to sale, or "otherwise, or in any other manner disposed of, any such print or prints, without such consent first had and obtained as afore"said, then such offender or offenders shall forfeit the plate or "plates on which such print or prints are or shall be copied, and "all and every sheet or sheets (being part of, or whereon such print or prints are or shall be so copied or printed) to the proprietor or proprietors of such original print or prints, who shall "forthwith destroy and damask the same; and further, that every "such offender or offenders shall forfeit five shillings for every print which shall be found in his, her, or their custody, either "printed or published, and exposed to sale, or otherwise disposed of, contrary to the true intent and meaning of this act; the one "moiety thereof to the king's most excellent majesty, his heirs "and successors, and the other moiety thereof to any person or " persons that shall sue for the same, to be recovered in any of "his majesty's courts of record at Westminster, by action of debt, bill, plaint, or information, in which no wager of law, essoin, privilege, or protection, or more than one imparlance, shall be "allowed." 66 66 + Sect. 59. By 8 Geo. 2. c. 13. s. 2. it is enacted, "That it "shall and may be lawful for any person or persons, who shall "hereafter purchase any plate or plates for printing, from the original proprietors thereof, to print and reprint from the said plates, without incurring any of the penalties in this act men❝tioned." Sect. 60. By 8 Geo. 2. c. 13. s. 3. it is further enacted, "That if any action or suit shall be commenced or brought Limitation of ac- " against any person or persons whatsoever for doing or causing tions. General issue. Original inventors, &c. of prints, &c. "to be done any thing in pursuance of this act, the same shall be + Sect. 61. By 8 Geo. 2. c. 13. s. 4. it is further enacted, "That if any action or suit shall be commenced or brought "against any person or persons for any offence committed against "this act, the same shall be brought within the space of three "months after the discovery of every such offence, and not after"wards; any thing in this act contained to the contrary notwithstanding." + Sect. 62. By 7 Geo. 3. c. 38. s. 1. it is enacted, "That all " and |