or expose to sale or hire in the British dominions copies § 183. of his book. 3. Solely and exclusively by himself or his assigns to import copies of his book printed abroad into the British dominions. 4 (q). If his "book" is published as part of an encyclopædia, review, magazine, or periodical publication. (a.) In the absence of express or implied agreement to the contrary the author has rights 1, 2, 3, above, with regard to its publication in a separate form from the date of its first publication in any manner. (b.) If there is an agreement express or implied that the publisher of the review or magazine shall have copyright in the article singly and as a part of his work, such publisher has the right to reprint the article as a part of the work for which it was written for twenty-eight years from first publication, but may not reprint it singly without the consent of the author or his representatives. (c.) At the end of such term of twenty-eight years the author or his assigns have rights 1, 2, 3, for a further term of fourteen years. (d.) While the copyright in the magazine or periodical belongs to its proprietor, the author may by express contract reserve himself the right of separate publication during such twenty-eight years (r). (e.) In the case of encyclopædias, probably the division into twenty-eight and fourteen years does not exist, but the proprietor may reprint the work for forty-two years from first publication, the consent of the author being still required for the reprinting of his article in a separate form. (q) 5 & 6 Vict. c. 45, ss. 18, 19. Rights of authors. § 163. authors. For the copyright in such articles to pass to the Rights of proprietor, he must pay for the article on the terms that the copyright shall belong to him. Mere payment will not imply such terms (s). § 164. Duties of authors. 5 (t). The proprietor of a work first published after the author's death has the same rights as the author for a term of forty-two years from first publication. 6 (u). The person who employs another to write a book on the terms that copyright in such book shall belong to the employer and not to the author, has for the statutory terms the same rights as the author would have had in the absence of such agreement. II. Duties of Author. 1. To present a certain number of copies of his book of a certain quality to certain libraries specified in the Act (v) (w). 2. To register his book in the forms required by the Act, as a condition precedent of suing to protect his copyright (a). Registration need not precede the in fringement complained of. The register is kept at Stationers' Hall, and entries therein shall contain : (1) The title of the book. (2) The date of first publication. A registration cannot take place before publication. (Correspondent Newspaper Co. v. Saunders (y).) (s) Walter v. Howe, 17 Ch. D. 708. (t) 5 & 6 Vict. c. 45, s. 3. (u) Ibid. s. 18. (v) Ibid. ss. 6-9. (w) i.e. A copy of the best class of every book and new edition to the British Museum, within a month of first publication. A copy of the class of which the largest number are printed for sale, within one month after demand in writing, to the following libraries: Bodleian at Oxford, University at Cambridge; Advocates' Library, Edinburgh; Trinity College, Dublin. (x) 5 & 6 Vict. c. 145, ss. 11-13, 24. (y) 12 L. T. N. S. 540. § 164. authors. (3.) The name and place of abode of the publisher. The "place of abode " may be the place of business. Duties of (Nottage v. Jackson (z).) The first publisher's name must be registered. (Coote v. Judd (a).) (4.) The name and place of abode of the proprietor of the copyright. If any of these particulars are incorrectly registered, both the registration itself and subsequent assignments of the work incorrectly registered are invalid. (Low v. Routledge (b).) This case however seems to conflict in principle with a case in artistic copyright where it was held that if the assignment sued under was registered, it was not necessary that the original work or previous assignment should be registered. (Graves' case (c).) A fee of five shillings is payable on registering the original work, and each assignment of copyright, and the register may be inspected on payment of one shilling per entry. In the case of periodical works it is sufficient to enter the date of publication of the first number, the name and place of abode of the proprietor, and of the publisher. I. Publication Investitive Facts. 1. Of a book capable of copyright. 2. In the United Kingdom. 3. By either: (a.) A British subject resident anywhere. (b.) An alien friend resident in British dominions. (2) Weekly Notes, Aug. 4, 1883. (a) L. R. 23 Ch. D. 727. (b) 10 L. T. N. S. 838. (c) L. R. 4 Q. B. 715. (d) Routledge v. Low, L. R. 3 Eng. & Ir. Ap. 100. § 165. Investitive facts. § 185. Investitive facts. § 166. Transvestitive facts. 4. Which book has not been previously published (e)— (a.) In a foreign country. (b.) In the United Kingdom. (e). (probably) in the rest of Her Majesty's dominions (ƒ). II. (9) License to republish granted by the Judicial Committee of the Privy Council acts as a partial investment of copyright to the grantee. III. (h) Registration in the register at Stationers' Hall is not an investitive fact of copyright, but is an investitive fact of the right to sue to protect such copyright. In the case of newspapers (i) and other periodicals it is sufficient to register the first number. As copyright under the statute only vests in publication, employment by the proprietor of such a work to write on the terms that copyright shall belong to him, must be taken as an investitive, and not transvestitive fact. These terms need not be in writing; they may be implied not expressed (j). Transvestitive Facts. The transvestitive facts of literary copyright are:1. (k) Assignment in writing from the author or owner. 2. (1) (subject to No. 1). All modes which pass personal property inter vivos, or on the death of the owner. (e) 7 & 8 Vict. c. 12, s. 19. (f) Routledge v. Low (v.s.); but 7 & 8 Vict. c. 12, s. 19, uses the language, "first published out of Her Majesty's dominions." (g) 5 & 6 Vict. c. 45, s. 5. (h) Ibid. s. 24. (i) Ibid. s. 19. (j) Sweet v. Benning, 16 C. B. 459; Brown v. Cooke, 16 L. J. Ch. 140, where it was said obiter that payment presumed employment on such terms, but contra per Jessel, M.R., Walter v. Howe, 17 Ch. D. 708. (k) 5 & 6 Vict. c. 45, s. 23; Leyland v. Stewart, L. R. 4 Ch. D. 419. (1) 5 & 6 Vict. c. 45, s. 25. $166. Transvestitive 3. (m) Registration of such assignment at Stationers' Hall is a condition precedent to suing for infringement, 4. (n) (partial). License to republish from the Judicial facts. Committee. 5. (0) There may be a partial assignment of copyright, as of a share in it. Divestitive Facts. 1. Expiration of statutory term of copyright. 2. Waiver of rights, which must probably be in writing. Remedies for Rights infringed. I. Of Authors. § 167. Divestitive facts. § 168. Remedies 1. (p) Action of detinue by registered proprietor after against demand in writing for copies of his books unlawfully infringeprinted or imported, or damages for their detention. 2. (p) Action of trover for damages for conversion of such books. 3. (q) Seizure and destruction by custom-house officer of books unlawfully imported; fine of £10 and double the value of the books on the importer; of which £5 is to go to the officer, the rest to the proprietor of the copyright. Case to be heard before the justices of the peace for the county or place in which such book shall be found. 4. (r) Action for damages for infringement of copyright by unlawful printing and publishing. 5. Action for damages for importing unlawfully printed books for sale: (knowledge of the nature of the books is not necessary to constitute this offence) (8). 6. Action for damages for selling, publishing, or (m) 5 & 6 Vict. c. 45, s. 24. (n) Ibid. s. 5. (0) Ibid. s. 13. (p) 5 & 6 Vict. c. 45, s. 23. (9) Ibid. s. 17. (r) Ibid. ss. 15, 16. ($) Cooper v. Whittingham, L. R. 15 Ch. D. 501. ments. |