Index:A treatise upon the law of copyright.djvu
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PAGE Sec. 6. Delivery of Copies to Libraries 55 Sec. 7. Duration of Protection 56 Sec. 8. Copyright in Lectures 57 ��CHAPTER III THE OWNER OF THE COPYRIGHT IN BOOKS Sec. I. The Crown 59 Sec. 2. The Universities 61 Sec. 3. The Author 62 Sec. 4. The Employer 66 Under Section 18 66 Scope of Section 67 Under such Employment ........ 68 On Terms that Copyright shall belong to such Proprietor . 68 Joint Employers 71 Payment 71 Author's Separate Rights 72 Employer's Rights where Section 18 does not apply .... 73 Sec. 5. The Assignee 74 Before Publication 74 After Publication 77 Partial Assignment 80 Assignment distinguished from Licence 8i Sec. 6. The Licensee 82 Sec. 7. The Executors or Administrators 83 Sec. 8. The Trustee in Bankruptcy 83 ��CHAPTER IV INFRINGEMENT OF COPYRIGHT IN BOOKS ��Sec. I. Prohibited Acts, and Remedies Causing to be Printed Damages . Account of Profits Injunction . Delivery up of Copies Customs Act Every Offence . Limitation of Acti Pleading Evidence Discovery . Mode of Trial Costs . Sec. 2. What is a Piratical Copy What is a Copy .... A Substantial Part must be Taken ��84 85 86 86 86 89 91 91 91 92 94 94 94 95 96' 97 97 �� � CONTENTS xi PAGE No Animus Furandi need be Proved loo Taking not necessarily for Profit loi Copying may be Indirect and Unintentional 102 Custom of Trade 102 Fair Use 103 No one can Monopolize a Field of Labour .... 103 No Infringement to take Facts ....... 104 No Infringement to take the General Scheme of another's Work 105 Every Author must do his own work .105 Work with a Different Object ....... 109 Extract for purpose of Criticism . . . . . .111 Improvement or Addition of New Matter no Excuse . . 112 Dramatization of a Novel . . . . . . . .114 Abridgments 114 Translations . . 116 Licence 118 Abandonment 119 Acquiescence and Delay . . . . . . . . .119 Provision against the Suppression of Books . . . . .119 CHAPTER V PERFORMING RIGHTS Sec. I. Nature of Performing Right 120 Sec. 2. Performing Right at Common Law .... 121 Sec. 3. What is a Dramatic Work 123 Sec. 4. What Dramatic Works are Protected, and Duration of Protection 126 Sec. 5. What is a Musical Composition 130 Sec. 6. What Musical Works are Protected, and Duration of Protection 130 Sec. 7. Registration of Performing Rights .... 131 Musical Compositions 133 Sec. 8. Assignment of Performing Rights 134 Sec. 9. Infringement of Dramatic Performing Rights . . 135 Public Performance . . 135 Substantial Part 138 Causing to be Represented '139 Knowledge 142 Innocent Agents 142 Licence 142 Sec. 10. Infringement of Musical Performing Rights . . 142 Substantial Part 142 Public Performance ... 143 Causing to be Represented 143 Sec. II. Remedies for Infringement of Dramatic Performing Rights 144 Sec. 12. Remedies for Infringement of Musical Performing Rights 145 �� � Xll ��CONTENTS ��CHAPTER VI ��COPYRIGHT IN ENGRAVINGS Sec. I. What Works are Protected WTiat is an Original Engraving Originality ........... Maps, Charts, and Plans Engravings in a Book ......... Must the Engraving be made within the British Dominions . The Engraving must be First Published within the British Dominions . Date of First Publication and Proprietor's Name .... Name of Proprietor Immoral Works Duration of Protection . . Sec. 2. The Owner of the Copyright The Engraver . The Employer The Assignee Sec. 3. Infringement of the Copyright Prohibited Acts and Remedies Guilty Knowledge Limitation of Action Costs Copying for Private Use What is a Piratical Copy Licence a Defence ......... ��PAGE 146 46 47 48 49 50 50 51 51 52 52 52 52 53 54 55 55 56 56 56 56 56 59 ��CHAPTER VII ��COPYRIGHT IN SCULPTURE Sec. I, What Works are Protected 161 What is an Original Sculpture 161 The Sculpture must be First Published within the British Dominions 162 Publication 162 Author's Nationality 162 Proprietor's Name and Date 162 Proprietor's Name ......... 163 Date 163 Immoral Works 163 Duration of Protection 163 Sec. 2. The Owner of the Copyright 164 The Artist 164 The Employer 164 The Assignee 164 �� � CONTENTS xiii PAGE Sec. 3. Infringement of the Copyright 164 Prohibited Acts and Remedies 164 Guilty Knowledge . 165 Limitation of Action 165 Copying for Private Use i6c What is a Piratical Copy 165 ��CHAPTER VIII COPYRIGHT IN PAINTINGS, DRAWINGS, AND PHOTOGRAPHS Sec. I. What Works are Protected 167 Every Original Painting, Drawing, or Photograph .... 167 Originality 167 Artistic Merit 168 Publication Outside the British Dominions 168 Published ........... 169 Nationality or Residence of Artist 170 Registration 171 The Requisite Entry 171 Name 173 Place of Abode 173 Short Description 173 Duration of Protection . 174 Sec. 2. The Owner of the Copyright 174 The "Author" .... 174 The Employer 175 The Assignee 176 Sec. 3. Infringement 177 Prohibited Acts and Remedies 177 Cause or Procure 178 Innocent Agent 179 Unlawful Copy 179 Separate Offence ,179 Copying for Private Use 180 Action on Breach of Contract 180 Fraudulent Acts 180 Limitation of Action 181 Evidence 181 What is a Piratical Copy . 181 No Monopoly 181 W^at is a Copy 181 General Idea may be Taken 182 Material Part 183 Indirect Taking .......... 184 Guilty Knowledge 184 Replicas 184 Licence a Defence 184 �� � XIV ��CONTENTS ��CHAPTER IX COLONIAL COPYRIGHT ��Books . Artistic Works ��PAGE 1 86 191 ��CHAPTER X INTERNATIONAL COPYRIGHT Works Produced in His Majesty's Dominions 193 Works Produced in Foreign Countries with which this Country has no Treaty 193 Works Produced in Foreign Countries with which this Country has a Treaty I93 What Foreign Works are entitled to Protection . . . -195 Produced 195 Character of Work 196 Unpublished Work 196 Special Provisions . 197 Works Produced in Foreign Countries before 6th December 1887 . 197 Formalities Required in case of Foreign Work .... 198 Who are Entitled to Sue in respect of a Foreign Work . . . 200 Evidence of Title 200 Protection afforded to Foreign Works 200 Works Published before 6th December 1887 .... 202 Translating Right 203 Articles in Newspapers and Periodicals ..... 204 Photographic Works 204 Performing Right in Dramatic or Dramatic Musical Works . 204 Express Provision as to particular kind of Infringement . . 205 ��CHAPTER XI COMMON LAW ��Title — Passing off Whether Protection is based on a Right of Property in Title Knowledge of Existence and Value on the part of the Public Non-user of Title .... No Fraud need be Proved . Must be Calculated to Deceive . Cases in which an Injunction Granted Cases where Injunction Refused . Malicious Criticism Slander of Title ��206 207 208 208 209 209 209 211 213 213 �� � CONTENTS XV PAGE Author who has parted with Copyright is entitled to Protect his Reputation 213 Protection from Breach of Faith or Contract 215 Unpublished Works 220 Speeches and Sermons 223 Letters 225 CHAPTER XII PUBLISHING AND PRINTING AGREEMENTS Publishers' Agreements 227 Printers' Agreements 230 ��PART II THE LAW OF COPYRIGHT IN THE UNITED STATES CHAPTER I INTRODUCTORY 235 CHAPTER II WHAT WORKS ARE ENTITLED TO COPYRIGHT Sec. I. An Original Literary or Artistic Work . . . 236 Sec. 2. Nationality of the Author 247 Sec. 3. Necessary Formalities 250 Conditions Precedent 251 Dehvery of Title 251 Delivery of Description 253 Delivery of Copies 253 Printing in the United States 254 Retrospective Provision 254 Notice of Copyright 255 Publication 260 Sec. 4. Immoral Works 266 Sec. 5. Duration of Copyright 267 CHAPTER III WHO IS THE OWNER OF THE COPYRIGHT Sec. I. The Author 269 Sec. 2. The Employer 271 Sec. 3. The State 272 Sec. 4. The Assignee 272 �� � xvi CONTENTS CHAPTER IV INFRINGEMENT OF COPYRIGHT PAGE Sec. I. What is a Piratical Copy 276 Copying may be Indirect 277 The Intention need not be Bad 277 Proof of Copying .......... 277 No Monopoly in the Subject- Matter 278 Taking a Substantial Part 279 Fair Use 281 Improvement no Excuse 283 Different Object 283 Extract for Review 284 Abridgments 284 Translations 286 Dramatic Performing Right 286 Musical Rights 287 Sec. 2. Prohibited Acts and Remedies 287 Account of Profits 289 Damages 290 Penalties 290 Forfeiture 290 Injunction 291 Who is Liable 291 Limitation of Action 292 Acquiescence 292 Pleading 293 Penalties for affixing False Notice 293 Importing Books Printed outside the United States .... 294 ��CHAPTER V COMMON LAW RIGHTS Sec. I. Published Work 296 Passing Off 296 Sec. 2. Unpublished Work 298 ��APPENDIX BRITISH STATUTES The Engraving Copyright Act, 1734 303 The Engraving Copyright Act, 1766 305 The Copyright Act, 1775 (Universities) ...... 307 The Prints Copyright Act, 1777 310 The Sculpture Copyright Act, 1814 311 �� � CONTENTS The Dramatic Copyright Act, 1833 .... The Lectures Copyright Act, 1S35 .... The Prints and Engravings Copyright Act, 1836 The Copyright Act, 1836 (Compensation to Libraries) The Copyright Act, 1842 The International Copyright Act, 1844 The Colonial Copyright Act, 1847 .... Copyright in Designs Act, 1850, sees. 6 and 7 (Sculpture The International Copyright Act, 1852 The Fine Arts Copyright Act, 1862 The International Copyright Act, 1875 . • . The Canada Copyright Act, 1875 . The Customs Laws Consolidation Act, 1876. The Copyright (Musical Compositions) Act, 1882 The International Copyright Act, 1886 The Copyright (Musical Compositions) Act, 1888 The Revenue Act, 1889 ��xvii PAGE 3^3 315 316 317 317 329 337 338 339 343 348 349 350 351 353 360 361 ��INTERNATIONAL CONVENTIONS ��The Berne Convention, 1886 Order in Council, 1887 The Additional Act of Paris, if Order in Council, 1898 ��361 370 373 376 ��TREASURY MINUTE Government Publications Treasury Minute, li ��377 ��AMERICAN STATUTES ��Revised Statutes, 1874 Act of Congress, June 18, 1874 . August I, 1882 . October i, 1890 March 3, 1891 . March 3, 1893 . March 2, 1895 . January 6, 1897 March 3, 1897 . ��379 384 384 385 385 389 390 390 391 �� � | |||||||||||||||||||||
