2.
This subject will be considered by taking a view of, 1. The legislation
of the United States. 2. Of the persons entitled to a copyright. 3. For
what it is granted. 4. Nature of the right. 5. Its duration. 6.
Proceedings to obtain Such right. 7. Requisites after the grant. 8.
Remedies. 9. Former grants.
3.
- 1. The legislation of the United States. The Constitution of the
United States, art. 1, s. 8, gives power to congress "to promote the
progress of science, and the useful arts, by securing, for limited
times, to authors and inventors, the exclusive right to their respective
writings and discoveries. In pursuance of this constitutional
autbority, congress passed the act of May 31, 1790; 1 Story's L. U. S.
94, and the act of April 29, 1802, 2 Story's L. U. S. 866, but now
repealed by the act of February 3, 1831, 4 Shars. Cont. of Story, 2221,
saving, always such rights as may have been obtained in conformity to
their provision. By this last mentioned act, entitled " An act to amend
the several acts respecting copyrights," the subject is now regulated.
4.-
2. Of the persons entitled to a copyright. Any person or persons, being
a citizen or citizens of the United States, or resident therein, who is
the author or authors of any book or books, map, chart, or musical
composition, or who has designed, etched, engraved, worked, or caused to
be engraved, etched or worked from his own design, any print or
engraving, and the executors, administrators, or legal representatives
of such person or persons. Sect. 1, and sect. 8.
5.
- 3. For what work the copyright is granted. The copyright is granted
for any book or books, map, chart, or musical composition, which may be
now, (February 3, 1831, the date of the act,) made or composed, and not
printed or published, or shall hereafter be made or composed, or any
print or engraving, which the author has invented, designed, etched,
engraved or worked, or caused to be engraved, etched or worked from his
own design. Sect. 1.
6.-
4. Nature of the right. The person or persons to whom a copyrigbt has
been lawfully granted, have the sole right and liberty of printing,
reprinting, publishing and vending such book or books, map, chart,
musical composition, print, out or engraving, in whole or in part. Sect.
1.
7.-
5. Duration of the copyright. The right extends for the term of
twenty-eight Years from the time of recording the title of the book,
&c., in the office of the clerk of the court, as directed by law.
Sect. 1.
8. But this time may be extended by the following provisions of the act.
9.
Sect. 2. If, at the expiration of the aforesaid term of years, such
author, inventor, designer, engraver, or any of them, where the work had
been originally composed and made by wore than one person, be still
living, and a citizen or citizens of the United States, or resident
therein, or being dead, shall have left a widow, or child, or children,
either or all then living, the same exclusive right shall be continued
to such author, designer, or engraver, or if dead, then to such widow
and child, or children, for the further term of fourteen years:
Provided, that the title of the work so secured shall be a second time
recorded, and all such other regulations as are herein required in
regard to original copyrights, be complied with in respect to such
renewed copyright, and that within six months before the expiration of
the first term.
10.
Sect. 3. In all cases of renewal of copyright under this act, such
author or proprietor shall, within two months from the date of, said
renewal, cause a copy of the record thereof to be published in one or
more of the newspapers printed in the United States, for the space of
four weeks.
11.
- Sect. 16. Whenever a copyright has been heretofore obtained by an
author or authors, inventor, designer, or engraver, of any book, map,
chart, print, cut, or engraving, or by a proprietor of the same; if such
author or authors, or either of them such inventor, desiginer, or
engraver, be living at the passage of this act, then, such author or
authors, or the survivor of them, such inventor, engraver, or designer,
shall continue to have tbe same exclusive right to his book, chart, map,
print, cut or engraving, with the benefit of each and all the
provisions of this act, for the security thereof, for such additional
period of time as will, together with the tune which shall have elapsed
from the first entry of such copyright, make up the term of twenty-eight
years, with the same right to his widow, child, or children, to renew
the copyright, at the expiration thereof, as is provided in relation to
copyrights originally secured under this act. And if such author or
authors, inventor, designer, or engraver, shall not be living at the
passage of this act, then, his or their heirs, executors and
administrators, shall be entitled to the like exclusive enjoyment of
said copyright, with the benefit of each and all the provisions of this
act for the security thereof, for the period of twenty-eight years from
the first entry of said copyright with the like privilege of renewal to
the widow, child, or children, of author or authors, designer, inventor,
or engraver, as is provided in relation to copyrights originally
secured under this act.
12.
- 6. Proceedings to obtain a copyright. No person shall be entitled to
the benefit of this act, unless he shall, before publication, deposit a
printed copy of the title of such book, or books, map, chart, musical
composition, print, out, or engraving, in the clerk's office of the
district court of the district wherein the author or proprietor shall
reside, and the clerk of such court is hereby directed and required to
record the same therein forthwith, in a book to be kept for that
purpose, in the words following (giving a copy of the title under the
seal of the court, to the said author or proprietor, whenever he shall
require the same:) " District of_____to wit: Be it remembered, that on
the _____ day of ______ Anno Domini, A. B. of the said district, hath
deposited in this office the title of a book, (map, chart, or otherwise,
as the case may be,) the title of which is in the words following, to
wit; (here insert the title;) the right whereof he claims as author (or
proprietor, as the case may be in conformity with an act of congress,
entitled 'An act to amend the several acts respecting copyrights.' C. D.
clerk of the district." For which record, the clerk shall be entitled
to receive from the person claiming such right as aforesaid, fifty
cents; and the like sum for every copy, under seal, actually given to
such person or his assigns. The act to establish the Smithsonian
Institution, for the increase and diffusion of knowledge among men,
enacts, section 10, that the author or proprietor of any book, map,
chart, musical composition, print, cut, or engraving, for, which a
copyright shall be secured under the existing acts of congress, or those
'which shall hereafter be enacted respecting copyrights, shall, within
three months from the publication of said book, etc., deliver or cause
to be delivered, one copy of the same to the librarian of the
Smithsonian Institution, and one copy to the librarian, of Congress
Library, for the use of the said libraries.
13.-
7. Requisites after the grant. No person shall be entitled to the
benefit of this act, unless he shall give information of copyright being
secured, by-causing to be inserted, in the several copies of each and
every edition published during the term secured, on the title page, or
the page immediately following, if it be a book, or, if a map, chart,
musical composition, print, cut, or engraving, by causing to be
impressed on the face thereof, or if a volume of maps, charts, music or
engravings, upon the title or frontispice thereof, the following words,
viz: " Entered according to act of congress, in the year by A. B., in
the clerk's office of the district court of ___________________" (as the
case may be.)
14.
The author or proprietor of any such book, map, chart, musical
composition, print, cut, or engraving, shall, within three months from
the publication of said book, map, chart, musical composition, print,
cut, or engraving, deliver or cause to be delivered a copy. of the same
to the clerk of said district. And it shall be the duty of the clerk of
each district court, at least once in every year, to transmit a
certified list of all such records of copyright, including the titles so
recorded, and the date of record, and also all the several copies of
books or other works deposited in his office, according to this act, to
the secretary of state, to be preserved in his office.
15.-
8. The remedies may be considered with regard, 1. To the penalties
wbich may be incurred. 2. The issue in actions under this act. 3. The
costs. 4. The Iimitation.
16.
- 1. The penalties imposed by this act relate, first, to the violation
of the copyright of books secondly, the violation of the copyright of
prints, outs or engravings, maps, charts, or musical compositions
thirdly, the printing or publishing of any manuscripts without the
consent of the author or legal proprietor; fourthly, for inserting in
any book, &c., that the copyright has been secured contrary to
truth.
17.
- First. If any other person or persons, from and after recording the
title of any book or books, according to this act, shall, within the
term or terms herein limited, print, publish, or import, or cause to be
printed, published, or imported, any copy of such book or books, without
the consent of the person legally entitled to the copyright thereof,
first had and obtained in writing, signed in presence of two or more
credible witnesses, or shall, knowing the same to be so printed or
imported, publish, sell, or expose to sale, or cause to be published,
sold, or exposed to sale, any copy of such book, without such consent in
writing, then such offender Shall forfeit every copy of such book to
the person legally, at the time, entitled to the copyright thereof and
shall also forfeit and pay fifty cents for every such sheet which may be
found in his possession, either printed or printing, published,
imported, or exposed to sale, contrary tor the intent of this act; the
one moiety thereof to such legal owner of the copyright as aforesaid,
and the other to the use of the United States; to be recovered by action
of debt in any court having competent jurisdiction thereof.
18.
- Secondly. If any person or persons, after the recording the title of
any print, cut or engraving, map, chart, or musical composition,
according to the provisions of this act, shall, within the term or terms
limited by this act, 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 diminisbing the main design, 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, cbart, musical composition,
print, cut, or engraving, or any parts thereof, without the consent of
the proprietor or proprietors of the copyright thereof, first obtained
in writing, signed in the presense 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, musical composition, engraving, cut, or print, without
such consent, as foresaid; then such offenders shall forfeit the plate
or plates on which such map, chart, musical composition, engraving, cut,
or print, shall be copied, and also all and every sheet thereof so
copied or printed, as aforesaid, to the proprietor or proprietors of the
copyright thereof; and shall further forfeit one dollar for every sheet
of such map, chart, musical composition, print, cut, or engraving,
which may be found in his or their possession, printed or published, or
exposed to sale, contrary to the true intent and meaning of this act;
the one moiety thereof to the proprietor or proprietors, and the other
moiety to the use of the United States, to be recovered in any court
having competent jurisdiction thereof.
19.
Nothing in this act shall be construed to extend to prohibit the
importation or vending, printing or publishing, of any map, chart, book,
musical composition, print, or engraving, written, composed, or made by
any person not being a citizen of the United States, nor resident
within the jurisdiction thereof.
20.
Thirdly. Any person or persons, who shall print or publish any
manuscript whatever, without the consent of the author or legal
proprietor first obtained as aforesaid, (if such author or proprietor be
a citizen of the United States, or resident therein,) shall be 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 this act, 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 hereby
empowered to grant injunctions, in like manner, according to the
principles of equity, to restrain such publication of any manuscript, as
aforesaid.
21.-Fourthly.
If any person or persons, from and after the passing of this act, shall
print or publish any book, map, chart, musical composition, print, cut,
or engraving, not having legally acquired the copyright thereof, and
shall insert or impress that the same hath been entered according to act
of congress, or words purporting the same, every person so offending
shall forfeit and pay one hundred dollars; one moiety thereof to the
person who shall sue for the same, and the other to the use of the
United States, to be re-covered by action of debt, in any court of
record leaving cognizance thereof.
22.
- 2. The issue. If any person or persons shall be sued or prosecuted,
for any matter, act or thing done under or by virtue of this act, he or
they may plead the general issue, and give the special matter in
evidence.
23.
- 3. The costs. In all recoveries under this act, either for damages,
forfeitures, or penalties, full costs shall be allowed thereon, anything
in any former act to the contrary notwithstanding.
24.
- 4. The limitation of actions is regulated as follows. No action or
prosecution shall be maintained in any case of forfeiture or penalty
under this act, unless the same shall have been commenced within two
years after the cause of action shall have arisen.
25.
- 9. Former grants. All and several the provisions of this act,
intended for the protection and security of. copyrights, and providing
remedies, penalties, and forfeitures in case of violation thereof, shall
be held and construed to extend to the benefit of the legal proprietor
or proprietors of each and every copyright heretofore obtained,
according to law, during the term thereof, in the same manner as if such
copyright had been entered and secured according to the directions of
this act. And by the 16th section it is provided that this act shall not
extend to any copyright heretofore secured, the term of which has
already expired.
26.
Copyrights are secured in most countries of Europe. In Great Britain,
an author has a copyright in his work absolutely for twenty-eight years,
and if he be living at the end of that period, for the residue of his
life. In France, the copyright of an author extends to twenty years
after his death. In most, if not in all the German states, it is
perpetual; it extends only over the state in which it is granted. In
Russia, the right of an author or translator continues during his life,
and his heirs enjoy the privilege twenty-five years afterwards. No
manuscript or printed work of an author can be sold for his debts. 2 Am.
Jur. 253, 4. Vide, generally, 2 Am. Jur. 248; 10 Am. Jur. 62; 1 Law
Intell. 66; and the articles Literary property; Manuscript.
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