[No. X. ] 38 George III. c.71.-An Act for encouraging No. X. c. 71. the Art of making new Models and Casts of Busts, and 38 Geo. III. other things therein mentioned.-[21st June 1798.] WHEREAS divers persons have by their own genius industry pains and expence improved and brought the art of making new models 38 George III. c. 71. and casts of busts and of statues of human figures and of animals to great perfection, in hopes to have reaped the sole benefit of their labours; but that divers persons have (without the consent of the proprietors 'thereof) copied and made moulds from the said models and casts and sold base copies and casts of such new models and casts to the great prejudice and detriment of the original proprietors and to the discouragement of the art of making such new models and casts as afore'said :' For remedy whereof and for preventing such practices for the future, may it please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That The sole Right from and after the passing of this Act every person who shall make or and Property cause to be made any new model or copy or cast made from such new of making Momodel of any bust or any part of the human figure or any statue of the dels or Casts human figure or the head of any animal or any part of any animal or the shall be vested statue of any animal; or shall make or cause to be made any new model copy or cast from such new model in alto er basso relievo or any work in Proprietor for which the representation of any human figure or figures or the representation of any animal or animals shall be introduced, or shall make or cause to be made any new cast from nature of any part or parts of the human figure or of any part or parts of any animal, shall have the sole right and property in every such new model copy or cast, and also in every such new model copy or cast in alto or basso relievo or any work as aforesaid, and also in every such new cast from nature as aforesaid, for and during the term of fourteen years from the time of first publishing the same: Provided always, That every person who shall make or cause to be made any such new model copy or cast or any such new model copy or cast in alto or basso relievo or any work as aforesaid, or any new cast from nature as aforesaid, shall cause his or her name to be put thereon with the date of the publication before the same shall be published and exposed to sale. in the original 14 Years. without the written Consent of the Proprietor, may be prosecuted for special Action Damages, by a on the Case. II. And be it further enacted, That if any person shall within the said Person making term of fourteen years make or cause to be made any copy or cast of any Copies of any such new model copy or cast or any such model copy or cast in alto or Model or Cast, basso relievo or any such work as aforesaid, or any such new cast from nature as aforesaid, either by adding to or diminishing from any such new model copy or cast or adding to or diminishing from any such new model copy or cast in alto or basso relievo or any such work as aforesaid, or adding to or diminishing from any such new cast from nature or shall cause or procure the same to be done, or shall import any copy or cast of such new model copy or cast, or copy or cast of such new model copy or cast in alto or basso relievo or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid for sale, or shall sell or otherwise dispose of or cause or procure to be sold or exposed to sale or otherwise disposed of any copy or cast of any such new model copy or cast, or any copy or cast of such new model copy or cast in alto or basso relievo or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid without the express consent of the proprietor or proprietors thereof first had and obtained in writing signed by him her or them respectively with his her or their hand or hands in the presence of and attested by two or more credible witnesses, then and in all or any of the cases aforesaid every proprietor or proprietors of any such original model copy or cast and every proprietor or proprietors of any such original model or copy or cast in alto or basso relievo or any such work as aforesaid, or the proprietor or pro No. X. prietors of any such new cast from nature as aforesaid respectively, shall and may by and in a special action upon the case to be brought against 38 Geo. III. the person or persons so offending recover such damages as a jury on the trial of such action or on the execution of a writ of enquiry thereon shall give or assess together with full costs of suit. c. 71. Except such shall purchase Limitation of c. 107. Authors of Books already composed, and not printed or published, and of Books to be hereafter composed, and their Assigns shall have the sole Right of printing them for -Fourteen Years: Booksellers, &c. in any Part of III. Provided nevertheless, That no person who shall hereafter purchase the right either in any such model copy or cast or in any such model copy or cast in alto or basso relievo or any such work as aforesaid or any such new cast from nature of the original proprietor or proprietors thereof shall be subject to any action for vending or selling any cast or copy from the same; any thing contained in this Act to the contrary hereof notwithstanding. IV. Provided also, That all actions to be brought as aforesaid against any person or persons for any offence committed against this Act shall be commenced within six calendar months next after the discovery of every such offence and not afterwards. [No. XI. ] 41 George III. c. 107.-An Act for the further Encouragement of Learning, in the United Kingdom of Great Britain and Ireland, by securing the Copies and Copyright of printed Books to the Authors of such Books, or their Assigns for the Time herein mentioned.-[2d July 1801.] 41 George III. WHEREAS it is expedient that further protection should be afforded to the authors of books and the purchasers of the copies and copyright of the same in the United Kingdom of Great Britain and Ireland;" May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same, That the author of any book or books already composed and not printed or published and the author of any book or books which shall hereafter be composed and the assignee or assigns of such authors respectively shall have the sole liberty of printing and reprinting of such book and books for the term of fourteen years, to commence from the day of first publishing the same and no longer; and that if any other bookseller printer or other person whosoever in any part of the said United Kingdom or in any part of the British dominions in Europe shall from and after the passing of this Act print reprint or import or shall cause to be printed reprinted or imported any such book or books without the consent of the proprietor or proprietors of the copyright of and in such book or books first had and obtained in writing, signed in the presence of two or more credible witnesses, or knowing the same to be so printed reprinted or imported without such consent of such proprietor or proprietors shall sell publish or nions, who shall expose to sale or cause to be sold published or exposed to sale, or shall print, reprint, have in his her or their possession for sale any such book or books without or import, &c. such consent first had and obtained as aforesaid, then such offender or any such Book offenders shall be liable to a special action on the case at the suit of the without Con- proprietor or proprietors of the copyright of such book or books so unlawfully printed reprinted or imported or published or exposed to sale, or prietor, shall be being in the possession of such offender or offenders for sale as aforesaid liable to an Ac- contrary to the true intent and meaning of this Act; and every such promages, and shall prietor and proprietors shall and may by and in such special action upon also forfeit the the case to be so brought against such offender or offenders in any court of record in that part of the said United Kingdom or of the British doProprietor, and minions in Europe in which the offence shall be committed, recover such 3d. per Sheet. damages as the jury on the trial of such action or on the execution of Half to the a writ of enquiry thereon shall give or assess together with double costs King, and Half of suit; in which action no wager of law essoign privilege or protection to the Informer. nor more than one imparlance shall be allowed; and all and every such the United Kingdom, or British European Domi sent of the Pro tion for Da Books to the 41 Geo. III. c. 107. offender or offenders shall also forfeit such book or books and all and No. XI. every sheet and sheets being part of such book or books, and shall deliver the same to the 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 proprietor or proprietors, to be made on motion or petition to the said court; and the said proprietor or proprietors shall forthwith damask or make waste paper of the said book or books and sheet or sheets respectively; and all and every such offender or offenders shall also forfeit the sum of three pence for every sheet which shall be found in his or their custody, 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 information, in which no wager of law essoign privilege or protection nor more than one imparlance shall be allowed: Provided always, That after the expiration of the said term of Authors have a fourteen years the right of printing or disposing of copies shall return to second 14 the authors thereof, if they are then living, for another term of fourteen Years' Term, if living. years. II. Provided also and be it further enacted, That nothing in this Act Act shall not contained shall extend or be construed to extend to any book or books extend to heretofore composed and printed or published in any part of the said Books already United Kingdom, nor to exempt or indemnify any person or persons published, whomsoever from or against any penalties or actions to which he she or nor indemnify they shall or may have become or shall or may hereafter be liable for or against Penalon account of the unlawful printing reprinting or importing such book ties under foror books, or the selling publishing or exposing the same to sale or the mer Acts in having the same in his or their possession for sale contrary to the laws Union of Great and statutes in force respecting the same at the time of the passing an Britain and IreAct in the session of Parliament of the thirty-ninth and fortieth years of land. the reign of his present Majesty, intituled An Act for the Union of Great 39 & 40 Geo. 3. Britain and Ireland. force at the c. 67. Trinity College, III. And whereas authors have heretofore bequeathed given or as6 'signed and may hereafter bequeath give or assign the copies or copy- Dublin, shall rights of and in books composed by them to or in trust for the college for ever have of the Holy Trinity of Dublin; and in and by their several wills or the sole Right ⚫ other instruments have directed or may direct that the profits arising of printing 'from the printing or re-printing such books shall be applied or appro- Books given or 'priated as a fund for the advancement of learning and other beneficial bequeathed to 'purposes of education within the college aforesaid: And whereas such them, unless useful purposes will frequently be frustrated unless the sole right of they are given, printing and re-printing of such books, the copies of which shall have &c. for a limitbeen or shall be so bequeathed given or assigned as aforesaid, be pre- ed time only. 'served and secured to the said college in perpetuity;' Be it therefore further enacted, That the said college shall at their own printing press within the said college have for ever the sole liberty of printing and reprinting all such books as shall at any time hereafter have been or (not having been heretofore published or assigned) shall at any time hereafter be bequeathed or otherwise given or assigned by the author or authors of the same respectively, or the representatives of such author or authors to or in trust for the said college for the purposes aforesaid, unless the same shall have been bequeathed given or assigned or shall hereafter be bequeathed given or assigned for any term of years or any other limited term; any law or usage to the contrary thereof in any wise notwithstanding; and that if any printer bookseller or other person whosoever shall Penalty on Perfrom and after the passing of this Act unlawfully print reprint or import sons printing or cause to be printed reprinted or imported, or knowing the same to be such Books the so unlawfully printed reprinted or imported, shall sell publish or expose same as under to sale or cause to to be sold published or exposed to sale, or have in his § 1. or their possession for sale any such last-mentioned book or books, such offender or offenders shall be subject and liable to the like actions penalties and forfeitures as are herein-before mentioned and contained with No. XI: c. 107, respect to offenders against the copyrights of authors and their assigns: Provided nevertheless, That nothing in this Act shall extend to grant any 41 Geo. III. exclusive right to the said college of the Holy Trinity of Dublin otherwise than so long as the books or copies belonging to the said college are and shall be printed only at the printing press of the said college within the said college and for the sole benefit and advantage of the said college; and that if the said college shall delegate grant lease or sell the copyrights or exclusive rights of printing the books hereby granted or any part thereof, or shall allow permit or authorise any person or persons or bodies corporate to print or reprint the same, then the privilege hereby granted shall become void and of no effect in the same manner as if this Act had not been made; but the said college shall nevertheless have a right to sell such copies so bequeathed or given as aforesaid in like manner as any author or authors can or may lawfully do under the provisions of this Act or any other Act now in force. To extend only to Books printed at the College Press. But the College may sell their Copyrights. Booksellers, &c. shall not be liable to the Penalty of 3d. per Sheet, unless the Title to the Copyright be entered by the Proprie tor, &c. at Stas tioners' Hall, London; nor the Consent of the Proprietor be so entered. Clerk of the Company shall give Certificates of Entries, and make a half yearly List of the Books so Use of Trinity If the Clerk re fuses to make Entries, Parties may give Notice in the London Gazette, and the Clerk shall forfeit 201. IV. Provided also and be it further enacted, That no bookseller printer or other person whosoever shall be liable to the said penalty of three pence per sheet for or by reason of the printing reprinting importing or selling of any such book or books or the having the same in his or their custody for sale without the consent of the proprietor or proprietors of the copyright thereof as aforesaid, unless before the time of the publication of such book or books by the proprietor or proprietors thereof (other than the said college) the right and title of such proprietor or proprietors shall be duly entered in the register book of the Company of Stationers in London in such manner as hath been usually heretofore done by the proprietors of copies and copyrights in Great Britain; nor if the consent of if such proprietor or proprietors for the printing reprinting importing or selling such book or books shall be in like manner entered; nor unless the right and title of the said college to the copyright of such book or books as has or have been already bequeathed given or assigned to the said college be entered in the said register book before the twenty-ninth day of September one thousand eight hundred and one, and of all and every such book or books as may or shall hereafter be bequeathed given or assigned as aforesaid be entered in the said register book within the space of two months after any such bequest gift or assignment shall have come to the knowledge of the provost of the said college; for every of which several entries six pence shall be paid and no more; which said register book shall at all times be kept at the hall of the said Company and shall and may at all seasonable and convenient times be resorted to and inspected by any bookseller printer or other person for the purposes before mentioned without any fee or reward; and the clerk of the said Company of Stationers shall when and as often as thereto required give a certificate under his hand of such entry or entries and for every such certificate may take a fee not exceeding six pence; and the said clerk shall also without fee or reward within fifteen days next after the thirtyfirst day of December and the thirtieth day of June in each and every year make or cause to he made for the use of the said college a list of the titles of all such books, the copyright to which shall have been so entered in the course of the half year immediately preceding the said thirty-first day of December and the thirtieth day of June respectively, and shall upon demand deliver the said lists or cause the same to be delivered to any person or persons duly authorised to receive the same for and on behalf of the said college. V. Provided also and be it further enacted, That if the clerk of the said Company of Stationers for the time being shall refuse or neglect to register or make such entry or entries or to give such certificate or certificates being thereupon respectively required by the author or authors proprietor or proprietors of such copies or copyrights, or by the person or persons to whom such consent shall be given or by some person on his or their behalf in the presence of two or more credible witnesses, then such party or parties so refused, notice being first duly given by advertisement in the London Gazette, shall have the like benefit as if such entry or entries certificate or.certificates had been duly made and given; and the clerk so refusing No. XI. c. 107.. shall for any such offence forfeit to the author or proprietor of such copy or copies or to the person or persons to whom such consent shall be given 41 Geo. III. the sum of twenty pounds; or if the said clerk shall refuse or neglect to make the list aforesaid or to deliver the same to any person duly authorised to demand the same on behalf of the said college the said clerk shall also forfeit to the said college the like sum of twenty pounds; which said respective penalties shall and may be recovered in any of his Majesty's courts of record in the said United Kingdom by action of debt bill plaint or information, in which no wager of law essoign or protection nor more than one imparlance shall be allowed. braries of Trinity College, and the King's VI. Provided also and be it further enacted, That from and after the Two additional passing of this Act, in addition to the nine copies now required by law to Copies of Books be delivered to the warehouse-keeper of the said Company of Stationers entered at Staof each and every book and books which shall be entered in the register tioners' Hall, book of the said Company, one other copy shall be in like manner deli- shall be deliververed for the use of the library of the said college of the Holy Trinity of ed there for the Dublin, and also one other copy for the use of the library of the society of Use of the Lithe King's Inns Dublin, by the printer or printers of all and every such book and books as shall hereafter be printed and published and the title to the copyright whereof shall be entered in the said register book of the said Company; and that the said college and the said society shall have the like remedies for enforcing the delivery of the said copies; and that all proprietors booksellers and printers and the warehouse-keeper of the said Company shall be liable to the like penalties for making default in delivering the said copies for the use of the said college and the said society as are now in force with respect to the delivering or making default in delivering the nine copies now required by law to be delivered in manner aforesaid. Inns, Dublin. VII. And be it further enacted, That from and after the passing of No Person shall this Act it shall not be lawful for any person or persons whomsoever to import into any import or bring into any part of the said United Kingdom of Great Part of the Britain and Ireland for sale any printed book or books first composed United Kingwritten or printed and published in any part of the said United Kingdon dom for Sale and reprinted in any other country or place whatsoever; and if any per- any Book first son or persons shall import or bring or cause to be imported or brought within the composed, &c. for sale any such printed book or books into any part of the said United United KingKingdom contrary to the true intent and meaning of this Act, or shall dom, and reknowingly sell publish or expose to sale or have in his or their posses- printed elsesion for sale any such book or books, then every such book or books shall where. 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 and Double the all and every person and persons so offending, being duly convicted there- Penalty on im of, shall also for every such offence forfeit the sum of ten pounds and porting, selling, double the value of each and every copy of such book or books which he or keeping for she or they shall so import or bring or cause to be imported or brought Sale any such into any part of the said United Kingdom, or shall knowingly sell publish Books, Forfei or expose to sale or shall cause to be sold published or exposed to sale, ture thereof, or shall have in his or their possession for sale contrary to the true intent and also 10 and meaning of this Act; and the commissioners of Customs in England Value. Scotland and Ireland respectively (in case the same shall be seized by any officer or officers of Customs), and the commissioners of Excise in England Books may be Scotland and Ireland respectively (in case the same shall be seized by any seized by Offiofficer or officers of Excise) shall also reward the officer or officers who cers of Customs shall seize any books which shall be so made waste paper of with such or Excise, who sum or sums of money as they the said respective commissioners shall shall be rewardthink fit, not exceeding the value of such books; such reward respectively ed. to be paid by the said respective commissioners out of any money in their hands respectively arising from the duties of Customs and Excise: Pro- Exceptions as to vided, that no person or persons shall be liable to any of the last-men- Books not havtioned penalties or forfeitures for or by reason or means of the importation ing been printed of any book or books which has not been printed or reprinted in some in the United part of the said United Kingdom within twenty years next before the Kingdom for same shall be imported, or of any book or books reprinted abroad and 20 Years, &c. |