Part 2 — INDEX

Abandonment— of copyright, 119 of right in unpublished work, 223 Abridgment— of non-copyright literary matter constitutes a new book, 21, 25 whether an infringement of copyright, 114, 284 Account of profits: see Remedies, 80, 289 Account-books of original pattern not protected as book, 242 Acquiescence, 87, 292— affects costs, 95 as ground of defence, 119 Acting: see Performing Rights Acts of Parliament, copyright in, 59, 241 Adaptations of non-copyright work constitutes a new book, 25, 241 Administrators, copyright passes to, 83, 275 Advertisements, 18, 19, 240 Aeolian, perforated scroll for, 33, 97, 276 Agreements— publishers', 227 printers', 230 Alien: see International Copyright— can acquire British copyright, 45 whether book of alien author entitled to British copyright, 42 sculpture of alien artist, 162 painting, drawing, or photograph of alien artist, 170 what works of aliens can acquire copyright in the United States, 247 may sue in United States in respect of unpublished work, 299 America: see United States Animus furandi, 100, 277 Anne, Statute of, 4 Annotation, copyright in notes, 26, 241 Anonymous Works— entitled to copyright, 36 foreign publisher entitled to sue, 200 Application form, 24, 239 Arrangement of old literary matter constitutes a new book, 21, 24, 241 Art: see Paintings, Engravings, Sculpture, Photographs Articles: see Periodical Works Artist: see Author Assignment— of copyright in books— before publication no writing required, 75 after publication must be in writing, 77 registration of assignment, 78 assignees right to sue, 79 partial assignment, 80 distinguished from licence, 81 of performing rights, 134— writing required, 77, 134 do not pass with copyright, 134 entry on register, 135 provincial rights, 135 of copyright in engravings, 154 of copyright in sculpture, 164 of copyright in paintings, drawings, and photographs, 176 of copyright in the United States, 272 Austria-Hungary: see International Copyright Author— who is, of books, 62, 269 joint authorship, 64, 270 of paintings and drawings, 174 of photographs, 174, 270 right of separate publication in contribution to periodical, 72 whether nationality or residence of author of a book material, 42 reputation of author who has parted with his copyright protected, 213, 297 rights of foreign authors in the United States, 247 Bankruptcy— copyright passes to trustee, 83, 275 Barometer, no copyright in face of, 14, 32 Belgium: see International Copyright— signatory of Berne Convention, 194 proclaimed under Chace Act, 249 Bequest, copyright passes by, 83, 275 Berne Convention: see International Copyright Bible, 59 Bills of sale, lists of, 21 Binding, passing off by similar, 298 Blackstone's Commentaries, new edition of, 26 Blasphemous Works: see Profane Works Blind— books for, entitled to copyright, 11 may be imported into United States, 295 Book— what is protected in a book, 10, 236— what physical form required, 11, 242 what literary matter required, 13, 237-239 what originality required, 15, 237, 243 examples of what are books, 16— abridgments, 25 adaptations, 25, 241 advertisements, 18, 19, 240 application form, 24, 237, 239 catalogues, 18, 238 Christmas card, 35 collection of cookery recipes, 24 conveyancing precedents, 23 cricket-scoring card, 31 dictionaries, 25, 239 directories, 16, 17, 239 face of barometer, 32 forms, 23, 24, 237 "Guide to Science," 24 illustrations, 34 index, 27 lists from public documents, 21 list of foxhounds, 21 maps, 36 mechanical devices, 31 music, 36 new editions, 26, 242 notes to non-copyright works, 26, 241 railway ticket, 32 reports, 28, 240 road-books, 16 scroll for mechanical instrument, 33 selections of non-copyright matter, 24, 25, 241 sleeve chart, 32 sporting tips, 33 statistics, 20, 237, 239 tables of calculation, 23 telegraph codes, 20 time-tables, 22 topographical dictionary, 24 translations, 25 Booksellers, claim of perpetual copyright, 5 Border Minstrelsy—Lockhart's Notes, 26 British Museum— delivery of copies to, 55 whether deposit of copy is publication, 39 Calculations, tables of, 23 Campbell's Poems, 112 Canada, copyright in, 188 Catalogues, 18, 19, 238 Causing to be printed, 85 Causing to be represented, 139 Causing or procuring infringement of copyright in fine arts, 178 Certificate of registration, 53 Chart: see Map Chatterbox, 297 Chili proclaimed under Chace Act, 249 Codes, telegraph, 20 Colonial copyright, 186— books, 186— foreign reprints Act, 186 Canada, 188— importation of foreign reprints into, prohibited, 188 licence in Canada protected, 188 Imperial Copyright Acts have full force in Canada, 189 artistic works, 191— not protected in colonies by imperial legislation, 192 Common Law Rights— question of perpetual copyright, 5 copyright limited to statutory rights, 206 common law rights in published work, 206, 296— passing off by similar title, 206 title must be known to public, 208 non-user of title, 208 no fraud need be proved, 209 must be calculated to deceive, 209 cases where injunctions granted, 209 cases where injunctions refused, 211 malicious criticism, 213 slander of title, 213 reputation of author who has parted with copyright protected, 213 right of employees to use materials acquired in their master's service, 215 third party restrained who obtains material by procuring a breach of faith or contract, 218 unpublished works, 220, 298— right of property in, 220 limited communication, 221 whether protected if immoral, 223 speeches and sermons, 223 letters, 225 Company of Stationers, origin of, 3 Composition— what is, 15, 24 essential element of a book, 14 Cookery recipes, 24 Co-owners: see Joint Owners Corporation may be ab initio proprietor of copyright, 272 Costs of action— books, 46, 95 performing rights, 144 engravings, 156 sculpture, 164 Crown— ancient royal prerogative, 3 present claims of, 59 Criticism, extracts for purpose of, 111 Customs, seizure by, 91 "Daisy Bell," 125 Damages: see Remedies, 80, 290 Death— devolution of copyright on, 83 publishing agreement terminated by, 227 Delay, 87, 292— affects costs, 95 ground of defence, 119 Delivery up of copies, 89— books, 89— demand in writing, 89 piratical copies made before plaintiff's registration, 89 when piratical copy not merely reprint, 90 delivery up for cancellation, 90 engravings, 155 paintings, drawings, and photographs, 178 in the United States, 290 Denmark, proclaimed under Chace Act, 249 Dictionary, 25, 239 Digest infringing headnotes in reports, 111 Directories— copyright in, 16, 17, 239 infringement of, 106, 108 Discovery, 94 Dramatic piece: see Performing Rights Dramatization— whether infringement of novel, 114 of non-copyright work constitutes a new book, 25 Drawings: see Paintings, Drawings, and Photographs Drummond's "Evolution of Man," 297 Drunken scrawl, no copyright in, 14 Duration of Copyright— books, 56 new editions, 26, 57 Duration of Copyright (continued)— performing rights, 126 engravings, 152 sculpture, 163 paintings, drawings, and photographs, 174 Crown, 59 universities, 61 foreign works, 200 United States, 267 Editions: see New Editions Employer, rights of— books— joint employers, 71 under section 18, 66 apart from section 18, 73 right to prevent employees using material acquired in master's service, 215 engravings, 153 sculpture, 164 paintings, drawings, and photographs, 175 United States, 271 Encyclopædias, 57, 110 "Encyclopædia Britannica," 298 Engravings— copyright in, 146, 236, 245 what is an original engraving, 146 map, chart, or plan, whether protected under Engravings Acts, 148 engravings in a book, 149 must engraving be made within British dominions, 150 engraving must be first published within British dominions, 150 date of first publication and proprietor's name must be engraved on, 151 immoral works, 152 duration of protection, 152 owner of copyright in engraving, 152— the engraver, 152 the employer, 153 the assignee, 154 infringement of copyright, 155 prohibited acts and remedies, 155 summary proceedings, 156 guilty knowledge, 156 limitation of action, 156 costs, 156 copying for private use, 156 what is a piratical copy, 156— taking part, 157 photograph of, 157 how far design protected, 157 striking from lawful plate no infringement, 159 licence a defence, 159 Executors, copyright passes to, 83, 275 Extracts— taking of, 108 for purpose of criticism, 111 selection of may be a copyright work, 24, 25, 241 Evidence, 92 Fair use of copyright works, 103, 281 False entries on register, 54 False name on picture, 180 Fine arts: see Paintings, &c. Foreign reprints— prohibition against importation, 84, 91 Colonial Act, 186 Foreign works: see International Copyright Forfeiture of copies: see Delivery up of copies Forms, 23, 24, 237 Foxhounds, list of packs and hunting days, 21 Fram Expedition, 296 France: see International Copyright— signatory of Berne Convention, 194 proclaimed under Chace Act, 249 Fraud: see Passing off— whether fraudulent book entitled to copyright, 46 Garfield, biography of, 278 Germany: see International Copyright— signatory of Berne Convention, 194 proclaimed under Chace Act, 249 "Golden Treasury," 25 "Guide to Science," 24 Haiti: see International Copyright— signatory of Berne Convention, 194 Hale, pleas of the Crown, 115 Ignorance no excuse for infringement of— common law rights, 223 books, 85, 102 performing rights, 142, 143 engravings, 156 sculpture, 165 paintings, drawings, and photographs, 179 Illustrations— copyright in when published with book,14 no literary copyright when published separately, 14 may be protected under Engravings Acts, 149 Immoral works, 46, 152, 163, 174, 223, 231, 266 Importation, 84, 287, 294— seizure by Customs, 84, 91 Importation (continued)— penalty on importing or selling foreign copies, 84, 91 prohibition of books printed outside U. S. A., 294 Indecent works, 46, 152, 163, 174 Infringement of copyright: see Remedies Books— what is a piratical copy, 96, 97, 276— substantial part, 97, 279 animus furandi, 100, 277 not necessarily for profit, 101 copy for private use, 102, 277 may be indirect and unintentional, 102, 277 custom of trade, 102 fair use, 103, 281 no monopoly, 103, 178 facts may be taken, 104 schemes and ideas may be taken, 104, 282 author must do his own work, 105 no excuse that he could easily have obtained same result, 109, 282 work with different object, 109, 283 extract for purpose of criticism, 111, 284 improvement and addition no excuse, 112, 283 dramatization of novel, 114 abridgments, 114, 284 translations, 116, 286 dramatic and musical performing rights: see Performing Rights engravings, 155, 276 sculpture, 164 paintings, drawings, and photographs, 177, 181, 276 Injunction: see Remedies— interlocutory, 87, 291 final, 87, 291 terms of, 88 probability of damage must be shown, 88 future number of periodical, 88 when difficult to enforce, 89 International Copyright, 193— copyright in foreign states, 193 copyright in works first produced in foreign states, 193 signatories of the Berne Convention, 194 what foreign works are entitled to protection, 195 when a work is deemed to be first produced, 195 work must be entitled to protection both in this country and in the country of origin, 196 unpublished works, 196 posthumous works, 197 authorised translations, 197 choregraphic works, 197 works produced in foreign countries before December 6, 1889, 197 formalities required in case of foreign works, 198 who are entitled to sue in respect of foreign works, 200 evidence of title to copyright in foreign work, 200 protection afforded to foreign works, 200 importation of copies printed in country of origin, 201 courts will not inquire into foreign remedies, 201 works published before December 6, 1887, 202 translating right, 203 articles in newspapers and periodicals, 204 photographic works, 204 performing rights, 204 extract and quotation, 205 adaptation and arrangement, 205 Interrogatories, 94 Intestacy, copyright passes on, 83, 275 Italy: see International Copyright— signatory of Berne Convention, 194 proclaimed under Chace Act, 249 Japan: see International Copyright— signatory of Berne Convention, 194 Johnson's "Prince of Abyssinia," 115 Joint owners, 270— authors, 57, 64 assignees, 79 Jurist Reports, 28 Jury, trial before, 94 Labels, not protected, 168, 242, 246 Law Reports— copyright in, 28, 240 copyright formerly claimed by Crown, 59 Lectures, copyright in, 57— common law rights in, 222 Letters, copyright in, 14, 243— common law rights in, 225 literary property in writer, 225 rights of receiver, 225 may be published to vindicate character, 226 Letter-file not protected as a book, 242 Libel— libellous works not protected, 46, 152, 163, 174 agreement to indemnify against action for, 229 Libraries: see British Museum— delivery of copies to, 55 Library of Congress— provisions as to copyright records, 264 works may be imported for use of, 295 Licence— whether licensee can sue, 82, 177, 274 distinguished from assignment, 81 not to be presumed a sole licence, 82 whether licensor can sue without licence, 82 licence must be in writing, 83, 118, 159, 166 as a defence to infringement, 118, 159, 166, 184 Licensing statute, 4 Licensing Canadian Fisher Act, 188 Limitation of Action— books, 91 engravings, 156 sculpture, 165 paintings, drawings, and photographs, 181 in the United States, 292 Literary Property: see Book, Author, Assignment, Infringement, Duration of Copyright, International Copyright, Lectures, Letters, Owner of Copyright, Performing Rights, Periodical Works, Registration, Remedies, Common Law Rights, United States Literary matter required in book, 13 Literary merit: see Merit Living pictures, 182 Long Parliament, 4 Luxembourg: see International Copyright— signatory of Berne Convention, 194 Malicious criticism, 213 Manuscript: see Unpublished Work— ownership of and right to publish, 74 book in manuscript would probably be protected, 12, 38 Map, copyright in, 14, 236— whether protected under Engraving Acts, 148 Mark Twain, 297 Master and servant— master entitled to prevent servant using material acquired in his employment, 215 master's right to work of servant, 73 Mathematical calculations, 23 Mechanical instruments, no copyright in, 14, 242— not infringements of copyright, 97, 276 Meeson and Welsby's Reports, 28 Merit, no literary merit required for book to obtain protection, 13, 16— secus in the United States, 237 Mexico proclaimed under Chace Act, 249 Millais— "The Huguenot," 157 "Ordered on Foreign Service," 173 "My First Sermon," 173 Monaco: see International Copyright— signatory of Berne Convention, 194 Music: see Performing Rights— copyright in, 36, 231 opera score infringed by dance music, 113 adaptations of music entitled to copyright, 130, 241 Mutilation, author may prevent, 213, 297 Name— assignee of copyright may publish under author's name, 297 Napoleon III. Cartoons in Punch, 110 New editions— new material in, is protected, 26, 242 slight corrections and verbal alterations, 27 registration of, 51 duration of copyright in, 57 passing off non-copyright edition for copyright one, 298 Newspaper: see Periodical— protected as a book, 11 must be registered, 48 Norway: see International Copyright— signatory of Berne Convention, 194 Notes to non-copyright work protected, 26, 241 Notice of objections, 92 Notice reserving performing rights in music, 131 Notice of copyright in United States, 255 Originality, what is an essential element of book, 15 Owner of copyright, who is— certificate of registration primâ facie proof of ownership, 53 Books— the Crown, 59 the universities, 61 the author, 62, 269 the employer, 66, 271 the assignee, 74, 272 the licensee, 82 engravings, 152 sculpture, 164 paintings, drawings, and photographs, 174 in the United States, 269 Paintings, drawings, and photographs— copyright in, 167, 236, 246 what is an original work of art, 167 what artistic element required, 168 first publication if outside British dominion, destroys copyright, 168 what is publication of work of art, 169 artist must be British or resident within British dominions, 170 registration, 171— what must be registered, 171 must be before infringement, 171 assignee must be registered, 172 short description of nature and subject of work required, 173 immoral works, 174 duration of protection, 174 sale without reserving copyright, 174 owner of the copyright, 174— the author, 174 the employer, 175 the assignee, 176 partial assignment, 176 whether licensee can sue, 176 infringement, 177— prohibited acts and remedies, 177 causing or procuring infringement, 187 innocent agent, 179 unlawful copy, 179 separate offence, 179 no minimum penalty, 180 copying for private use, 180 on breach of contract, 180 affixing false name or initials, 180 fraudulently representing false authorship, 180 limitation of action, 181 photograph of picture sufficient evidence of, 181 what is piratical copy, 181— no monopoly of subject-matter, 181 general idea may be taken, 182 material part, 183 indirect taking, 184 guilty knowledge, 184 replicas, 184 licence a defence, 184 "Paradise Lost," with notes, 26 Parliamentary papers, 60 Part of a book entitled to copyright, 12 Particulars, 94 Partners— firm name of publishers may be entered in register, 52 Passing off: see Common Law Rights— by similar title, 204, 296 by similar binding, 298 of non-copyright edition for a copyright one, 298 Patents, specification of, 21 Pattern sleeve, no copyright in, 14, 32, 242 Payment— of author essential under section 18, 71 Penalties: see Remedies Performance, no infringement of copyright, 120 Performing rights— nature of, 120 performing right at common law, 121 history of protection of performing rights, 122 what is a dramatic work, 123 what dramatic works are protected, 126 duration of performing rights, 126 if first published or performed outside the British dominions, 128 what is a musical composition, 130 what musical works are protected, 130 notice reserving musical performing rights, 131 registration of performing rights, 131 assignment of performing rights: see Assignment Infringement of dramatic performing rights, 135, 286 Infringement of musical performing rights, 142, 287 remedies for infringement of performing rights, 144 Periodical works— proprietor's copyright in, 66 author's separate rights to contributions, 72 duration of protection, 57 first number only need be registered, 51 articles may be copied from foreign periodicals, 204 Perpetual copyright— question of, 5 in the universities, 61 Persons liable for infringement of copyright— books, 85 performing rights, 139, 142, 143 engravings, 156 sculpture, 165 paintings, drawings, and photographs, 178 United States copyright, 291 Photographs: see Paintings, Drawings, and Photographs— who is author of, 174 who is owner of copyright in portrait, 175 foreign photographs, 204 protection in the United States, 236, 245 Pianola, perforated scroll for: see Mechanical Instruments Piracy: see Infringement— whether piratical book entitled to copyright, 46 Playwright: see Performing Rights Pleading, 92, 293 Portugal proclaimed under Chace Act, 249 Posthumous works, 57, 197 Prayer Book, 59 Preamble of Literary Copyright Act, 14 Precedents, 23 Printers' agreements, 230 lien for printing charges, 230 omission to print name and address on book, 230 no payment before completion of order, 230 printer does not insure manuscript, 230 universal works, 231 Prints: see Engravings Profane works not protected, 46, 152, 163, 174 Proprietor of collective work: see Periodical Works Public Authorities Protection Act, 92, 144 Public documents— selection from, constitutes a copyright work, 21 no copyright in mere transcript of, 21 Publication— Books— divests the common law right, 36 divestitive publication, 37 performance of music or drama, 37 delivery of lectures, 37 book privately distributed, 37 book issued to subscribers, 37 music hall programme, 38 public exhibition of book, 38 invests the statutory copyright, 38 investitive publication, 38 whether book must be printed, 38 whether distribution of copies necessary, 39 deposit of copy in British Museum, 39 proof of publication, 39 book must be first published within British dominions, 40 may be written anywhere, 41 whether it must be printed within British dominions, 40 previous performance abroad of dramatic or musical work, 41 notice of objection as to, 92 engravings, 150 sculpture, 162 paintings, drawings, and photographs, 169 time of first publication must be registered to the day, 51 United States, 260 name must be entered on register, 49 liable for non-delivery to libraries, 55 Publishers' agreements, 227— not assignable unless so expressed, 227 terminated by death, 227 specific performance, 227 agreement not to publish elsewhere, 228 agreements not to write or publish similar works, 228 price and embellishments, 229 copyright, owner of, should be stated, 229 libel, agreement to indemnify against action for, 229 writing, when required, 230 stamp, when required, 230 Purpose for which literary matter composed immaterial, 12 Quotations: see Extracts Rectification of register, 54 Registration: see Paintings, Drawings, and Photographs— of books— must be entered before action, 46 not necessary in action on performing right, 47 need not be before infringement, 47 cannot be effected before publication, 47 newspaper must be registered, 48 failure to register under Newspaper Libel Act does not affect copyright, 48 requisite entry, 49 fee for registration, 49 inspection of register, 49 actual title must be registered, 49 whether copyright must be distinguished from non-copyright matter, 50 immaterial that some copies are published under different title from title registered, 50 time of first publication must be entered to the day, 51 periodical, date of first number only, 51 action against proprietor for publishing separately requires no registration, 52 first publisher must be entered, 52 place of abode, 52, 53 proprietor at time of registration must be entered, 52 plaintiff must appear on the register, 53 registration of mesne assignments, 53 neglect of officials at Stationers' Hall, 53 superfluous matter on register immaterial, 53 certificate of registration, 53 registration primâ facie proof, 53 false entries, 54 rectification of register, 54 notice of objection as to, 92 Remedies— for infringement of books, 84, 287— damages, 86, 290 account of profits, 86, 289 injunction, 86, 291 delivery up of copies, 89, 290 seizure under Customs Act, 91 importing or selling foreign copies, 81, 91 limitation of action, 91, 292 pleading, 92, 293 for infringement of performing rights, 144, 289— of engravings, 155, 288 of sculpture, 164, 288 of paintings, drawings, and photographs, 177, 288 Reports: copyright in— law reports, 28, 240 head notes, 28, 111 verbatim reports of speeches, 29 verbatim reports of judgments, 31 reports laid before Parliament, 60 Reputation, author may protect his, 213, 297 Road-books, 16 Rosebery, Lord; reports of speeches in Times, 29 Sculpture— copyright in, 161, 236 what is an original sculpture, 161 must be first published within British dominions, 162 what is publication of, 162 whether author must be British, 162 proprietor's name and date on each copy, 162 immoral works, 163 duration of protection, 163 owner of copyright, 164— artist, 164 employer, 164 assignee, 164 infringement of copyright, 164 prohibited acts and remedies, 164 guilty knowledge, 165 limitation of action, 165 copying for private use, 165 what is a piratical copy, 165 copying design in other form of art, 165 licence a defence, 166 Seditious works not entitled to protection, 46, 152, 163, 174 Selections: see Extracts Separately published, meaning of, 12 Sermons: see Speeches Sheet of letterpress protected as a book, 11, 242 Ship on fire, 123 Shorthand— copyright in reports, 29 shorthand copy is infringement of book, 110 book in shorthand would be protected, 11 Slander of title, 213 Sleeve pattern, not a book, 14 Smith's "Leading Cases," 28, 111 Spain: see International Copyright— signatory of Berne Convention, 194 proclaimed under Chase Act, 249 Speeches— speakers' rights in, 223 copyright in shorthand report of, 30 Stamp— what stamp required on copyright agreements, 230 Star chamber, 4 Stationers' Hall: see Registration— origin of company, 3 neglect of officials at Stationers' Hall, 53 Statistics, 20, 237 Statue: see Sculpture Statutes: see Acts of Parliament Suppression of books, provision against, 119 Switzerland: see International Copyright— signatory of Berne Convention, 194 proclaimed under Chace Act, 249 Term Reports, 28 Thackeray, extracts from, 112 Time-tables, copyright in, 22 Times, reports of Lord Rosebery's speeches, 29 Title: see Common Law Rights; Passing off— passing off by similar title, 206, 296 no copyright in title, 208, 244 slander of title, 213 actual title must be registered, 49 Topographical Dictionary, 24 Translations— give no exclusive right to translate a non-copyright work, 25 whether an infringement of copyright, 116 translating rights in foreign works, 203 Trial, mode of, 94 Tunis: see International Copyright— signatory of Berne Convention, 194 United States— copyright in, 233 what works protected in, 236 rights of foreign authors, 247 formalities which must be observed in, 250— delivery of title or description, 250, 251, 253 delivery of copies or photograph, 250, 253 books, chromos, lithographs, and photographs must be printed in United States, 254 notice of copyright must be printed on each copy, 255 publication, 260 Library of Congress, 264 immoral works, 266 duration of copyright in, 267 owner of copyright in— author, 269 employer, 271 state, 272 assignee, 272 infringement of copyright— what is a piratical copy, 276 prohibited acts and remedies, 287 Universities, copyright of, 61 Unpublished work: see Common Law Rights Webster's Dictionary, 297 Will, copyright passes by, 83, 275 Word, no copyright in single, 14, 34