it was taken away by the statute 8 Anne, c. 19. The Lords differed in their opinion, but the decision finally come to was, that any right at common law was impeached and taken away by the statute; and the decree of the Court of Chancery was accordingly reversed. By this famed decision, it was settled that claims of Copyright rest altogether on the statute and its interpretations. Ever since, any one is at liberty to print and sell works on which the statutory term of Copyright has expired; on the simple ground, that all such works are public property.

The Copyright law did not extend to Ireland till after the union with that country, when (1801) the whole United Kingdom was included by the Act 41 Geo. III. c. 107. Previous to this time, many of the most saleable of the British Copyright works were freely reprinted in Dublin, and occasionally found their way across the Channel to the annoyance of English authors and publishers. The next Act concerning Copyrights was that of 54 Geo. III. c. 156, in 1814, by which the period of Copyright, instead of being 14 years, and contingently for 14 years more, was fixed to be 28 years certain, and for the residue of an author's life, if he were living at the end of the 28 years.

The impetus given to literature during the early part of the present century, by the popular and voluminous writings of Scott, Byron, Moore, Wordsworth, and others, along with the growing taste for reading among the middle and less-affluent classes, greatly increased the market value of Copyright in every species of literary production. As a natural consequence, that kind of disinterestedness so strikingly demonstrated in Robert Burns, who could hardly be prevailed on to accept a few pounds complimentarily in requital for hundreds of the most beautiful lyrics, was no longer seen; on the contrary, it became a recognized principle that an author was entitled to regard the product of his brain as purely a mercantile commodity. At length, under an impulse communicated by the assigns of some valuable Copyrights about to expire, and on the assumption of benefiting the families of certain popular writers, the Legislature was induced to extend the term of Copyright.

By the Act 5 and 6 Vict. c. 45, called Talfourd's or Lord Mahon's Act, 1st July, 1842, the term of Copyright was extended as follows: "And be it enacted that the copyright in every book which shall after the passing of this act be published in the lifetime of its author shall endure for the natural life of such author, and for the further term of seven years, commencing at the time of his death, and shall be the property of such author and his assigns: provided always, that if the said term of seven years shall expire before the end of 42 years from the first publication of such book, the copyright shall in that case endure for such period of 42 years; and that the copyright in every book which shall be published after the death of its author shall endure for the term of 42 years from the first publication thereof, and shall be the property of the proprietor of the author's manuscript from which such books shall be first published, and his assigns." In the case of subsisting Copyrights, the term was to be extended to 42 years, except when they belonged to an assignee for other consideration than natural love and affection; in which case they were to cease at the expiration of the 28 years, unless their extension were agreed to between the proprietor and author. In this Act, there is a remarkable clause giving power to the Judicial Committee of the Privy Council to license the publication of books of importance, which the proprietor refuses to publish after the death of the author. Formerly, there was an obligation on publishers to deliver 11 copies of new works to certain universities and other public institutions; the obligation was now modified to five copies. The importation of English Copyright works printed in foreign countries is prohibited. Copyright is declared to be personal property, and may be bequeathed as such; in case of intestacy, it is to be subject to the same law of distribution as other personal or moveable estate. The old obligation to register the Copyright of new works at Stationers'

Hall was also modified; registration is no longer obligatory, but the practice of registering is still requisite for the sake of evidence in making good claims of Copyright. Forms of registration and assignment are given by the Act, but the use of them is not indispensable. The law of Copyright makes no distinction between British subjects and aliens. A foreigner may own the Copyright of a work printed first in Great Britain; but neither he nor any other person could maintain a claim of Copyright in a work which had been previously issued in a foreign country with which there is no international treaty of Copyright. Attempts are sometimes made to evade this, by issuing editions of a work simultaneously in the United States and England on the same day, so as to secure both British and American copyrights.

Such is the history and general nature of the law of Copyright respecting books. The last-mentioned Act, more explicit than previous statutes, remains the great charter on the subject. Unfortunately, it still leaves some defects which it would require a fresh law to remedy. The extension of Copyright for the assumed benefit of authors and their families, which is the leading feature of the Act, must be pronounced generally worthless. In the great majority of cases authors assign the Copyright of their manuscripts, for a consideration to publishers, who, looking for remuneration, within a reasonable length of time, cannot, and as a rule do not, give a higher price for a 42 than for a 28 years' Copyright. The tendency of Talfourd's Act is still more than ever to lock up copyrights in the hands of the original assigns, where they are apt to become torpid and useless. A remedy for this evil has lately been found in a practice followed by certain acute and enterprising publishers of cheap reprints. Buying up the unexpired Copyrights of books which have gone somewhat out of notice, they issue them in a form suitable to the nature of their business; and such re-animated productions constitute no small share of the cheap volumes that invite public attention--the author and his heirs being not in the slightest degree benefited by the process of literary resurrection.

Extracts, Abridgments, &c.—Copyright in a book! entitles the proprietor to prevent extracts being made from it; but in practice, short extracts for the purpose of criticism, as in reviews, or for historical illustration, are tolerated. Unauthorized abridgments of Copyright works are deemed piracies, and their sale can be stopped. In such cases, however, the abridg. ment must show a clear adoption of the language or collocation of words of the original. It is now determined that no Copyright can be maintained in mere subject, information, or ideas. A writer may have put himself to great trouble to procure information on a particular subject; but the law does not recognize how information is procured. If a second writer use the information of the first (though that may have little regard to matters of fact), and make out of it a new work, there is no invasion of Copyright unless the words of the first have been at the same time taken.

Encyclopædias, Periodicals, &c.-The Copyright of articles contributed for and included in encyclope dias, magazines, reviews, or other periodical works, and of books published in a series, was regulated by the Act 5 and 6 Vict. c. 45. The Copyright of such articles being paid for and assigned, belongs to the publisher, but he cannot publish them separately without the consent of the author. The author, however, may reserve the right of separate publication, and merely sell the right to use the article; but, should he republish any such article or articles, it may only be done in such a manner as not to prejudice the right of the original publisher.

Dramatic Pieces and Musical Compositions.-These, with right of representation and performance, are, by the Act 5 and 6 Vict., c. 45, subject to the same Copyright as books. Strictly, a Copyright song cannot be publicly sung, or a tune publicly played without the permission of the composer or his assigns. Verses must not be taken from a periodical or copyright work, and set to music, for sale, with

out permission. A Copyright work of fiction may be dramatised without the consent of the proprietor, who has no statutory power to forbid the perform

ance.

Lectures and Public Addresses remain the Copyright of the person delivering them. By 5 and 6 William IV. c. 65, printers and publishers are liable to a penalty for printing and issuing spoken addresses without the consent of the author. It is understood that no one is at liberty to take down a sermon as delivered by a clergyman, and publish it without permission; the Act, however (§ 5), makes some exceptions: protection is not extended "to any lecture or lectures delivered in any university, or public school, or college, or in any public foundation, or by any individual in virtue of, or according to, any gift, endowment, or foundation." Under this permissive clause, it would appear that sermons delivered by clergymen of the Established churches, in endowed places of public worship, are deemed public property. Letters, and every kind of epistolary correspondence, are the property of the writer. The receiver of a letter may retain it for his own use, but, strictly, he cannot publish it without the permission of the sender, or his heirs, neither can he sell it as a curiosity. The sale of letters of distinguished individuals is illegal, though ordinarily tolerated.

Newspaper matter is subject to the common law of Copyright, but practically, and for mutual convenience, the intelligence in one paper is freely copied by the more respectable class of papers with, and in the less respectable without, acknowledgment. The taking of leading articles in the same manner might doubtless be checked; as would also be the unauthorized adoption of existing newspaper titles.

Engravings, Maps, Charts.-Copyright in these is secured by several Acts, more particularly the 17 Geo. III. c. 57. The term of Copyright is 28 years. Each engraving or map must have on it the date of publication and name of publisher. Those who infringe Copyright forfeit the plates on which the pirated engravings or maps were printed; they forfeit also every pirated sheet, and five shillings for every print undisposed of. There is no Copyright in subject. Any one may invent or delineate and sell pictures from subjects in Copyright books without challenge. It is understood that, in painting a portrait, Copyright remains with the artist, although he be paid for the picture, and the purchaser cannot take copies without permission or assignment. Copyright as to paintings, however, is ill-defined and defective, and an improved law on the subject is under consideration.

Copyright in the Colonies.-By the Act 5 and 6 Vict., c. 45, the Copyright of books, &c., printed in the United Kingdom, is extended to all British Colonies, and the Act 8 and 9 Vict., c. 93, concerning the trade of the Colonies, absolutely prohibited these dependencies from importing pirated editions of Copyright works. Practically, this last recited Act was unavailing. Large quantities of cheap reprints of British Copyright books continued to be imported from the United States into the British American possessions. Remonstrances against these irregularities at length led to some special legislation. It was ordained by the Act 10 and 11 Vict., c. 95, that the colonies might respectively enact a law to enable them to import pirated Copyright works, on the plan of exacting a Custom-house duty on such works, the proceeds to be handed to the proprietors of the said Copyrights. Colonial laws were accordingly enacted. The understood arrangement is, that English publishers shall furnish catalogues of their Copyrights to the Custom-house authorities in the different Colonies, as a guide for exacting the protective duties (amounting in Canada to 12 per cent. ad valorem). These measures are next to inoperative, and the whole thing is little better than a delusion. So little is collected, that publishers generally have ceased to give themselves any concern in the matter. In short, unauthorized cheap reprints of British Copyright works may be said to be freely imported into and sold in the Colonies; this kind of trade in itself tending to indispose the United States to enter into an international law of Copyright with the United

Kingdom. Latterly, pirated reprints of British Copyright works have begun to be produced in Canada.

Copyright in the United States is well defined. The latest Act of Congress on the subject is that of February 3, 1831. Copyright can be secured by any citizen of the United States or resident therein, who is the author of any book, map, chart, or musical composition. The term of Copyright is 28 years from date of recording; but at the end of that term, the author, if living, or, if dead, his widow or child may record Copyright for an additional term of 14 years. In cases of renewal, record to be published in one or more newspapers. The first step in securing Copyright is to record the claim, according to a certain form in the book of the clerk of the district kept for that purpose; at the same time lodging a copy of the work. Within three months thereinafter, a copy to be sent to the librarian of the Smithsonian Institution, and another copy to the librarian of Congress Library. It is requisite that notice of entry of Copyright be printed on the titlepage, or page immediately following. All pirated copies of Copyright works are to be forfeited, independently of claims for damages by action at law. The Copyright recorded in any State extends to all the States in the Union.

Copyright of Germany has been regulated as respects duration by the Confederation; a resolution of which, in 1837, fixed the duration of literary property at 10 years, and another resolution, in 1845, extended it to the lifetime of the writer and for 30 years after his death. The laws regulating the contract of an author with his publisher vary in the different States. In Prussia, when an author assigns a Copyright to a publisher without any special stipulation, the publisher is entitle to issue only one edition, the extent of which he may determine. This principle is adopted both in Saxony and Bavaria, the edition in the latter country, in the absence of stipulation, being limited to 1000 copies. But a distinction is made in Prussia between reprints or new issues (auflagen) and new editions (ausgaben.) In the case of the former, the publisher is left free, on condition that he shall pay to the author, on the occasion of each new issue, half the sum which he paid him for the first. New editions, on the contrary, can be published only with permission of the author, which must be given in writing. This privilege is limited to the author's life, though his children have a claim for a honorarium for each edition issued after his death. In Gotha, the law of 1828 grants to the publisher an unlimited power of issuing new reprints, but in Bavaria, the permission of the author is required even for this purpose. The rights of the publisher may be transferred, and those of the author descend to his heirs. When the rights which have been conveyed to the publisher terminate, the author becomes again the unlimited proprietor of the work.

Copyright in France exists in the author and in his widow for life, in his children for twenty years, and in his other heirs or assignees for ten years after his own death or that of his widow. In Belgium the same law prevails, with this exception, that the right, whether in children or in other representatives, extends to 20 years after death.

International Copyright is a mutual arrangement between two countries to protect each other's copyright, translations included. The United Kingdom has now an arrangement of this nature with Hamburg, Belgium, Saxony, Prussia, France, and Sardinia (Italy.) The United States have ever refused to enter into any international law of Copyright with Great Britain; a circumstance, as is understood, imputable chiefly to the opposition of the leading publishers of pirated editions of British Copyright works.

For this lucidly-written article we are indebted to Messrs. Chambers' Encyclopædia now in course of publication,-a work we have had frequent reasons for commending, as being really the most comprehensive and generally useful work of its kind, and which we are delighted to hear is as completely successful as ever the proprietors themselves could desire.

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