A

BILL

To consolidate and amend the Laws relating to the Copyright of Designs for ornamenting Articles of Manufacture.

[Note.-The Words printed in Italics are proposed to be inserted in the Committee.]

W

Designs
Copyright
Act.

HCRCAS by the several Acts mentioned in the Schedule Preamble: (A.) to this Act annexed, there was granted, in respect of Calico Printing Acts. the woven Fabrics therein mentioned, the sole right to use any new and original Pattern for printing the same during the period of Three 5 calendar Months: AND whereas by the Act mentioned in the Schedule (B.) to this Act annexed, there was granted, in respect of all articles, except Lace, and except the articles within the meaning of the Acts herein before referred to, the sole right of using any new and original Design, for certain purposes, during the respective periods therein men10 tioned: BUT, forasmuch as the protection afforded by the said Acts in respect of the application of Designs to certain articles of manufacture is insufficient, it is expedient to extend the same, but upon the conditions hereinafter expressed; Now, for that purpose, and for the purpose of consolidating the provisions of the said Acts, BE it 15 Enacted, by The QUEEN'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 this Act shall come into operation on the First day of July One thousand eight hundred and Forty-two, 20 and that thereupon all the said Acts mentioned in the said Schedules (A.) and (B.) to this Act annexed shall be and they are hereby repealed.

1.

Commenceand Repeal of former Acts.

ment of Act,

2.

Proviso as to existing Copyrights.

3.

Grant of
Copyright.

2 Vict. c. 17, s. 1.

Terms of
Copyright,
Metal.

Glass.

Paper Hangings.

Carpets.

Provided always, and be it Enacted, That notwithstanding such repeal of the said Acts, every Copyright in force under the same shall continue in force till the expiration of such Copyright; and with regard to all offences or injuries committed against any such Copyright before this Act shall come into operation, every penalty imposed 5 and every remedy given by the said Acts, in relation to any such offence or injury, shall be applicable, as if such Acts had not been repealed; but with regard to such offences or injuries committed against any such Copyright after this Act shall come into operation, every penalty imposed and every remedy given by this Act, in relation 10 to any such offence or injury, shall be applicable, as if such Copyright had been conferred by this Act.

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AND with regard to any new and original Design (except for
Sculpture, and other things within the provisions of the several Acts
mentioned in the Schedule (C.) to this Act annexed), whether such
Design be applicable to the ornamenting of any article of manufac-
ture, or of any substance, artificial or natural, or partly artificial and
partly natural, and that whether such Design be so applicable for the
pattern, or for the shape or configuration, or for the ornament thereof,
or for any two or more of such purposes, and by whatever means 20
such Design may be so applicable, whether by printing, or by painting,
or by embroidery, or by weaving, or by sewing, or by modelling, or by
casting, or by embossing, or by engraving, or by staining, or by any
other means whatsoever, manual, mechanical or chemical, separate or
combined; BE it Enacted, That the Proprietor of every such Design, 25
not published either within the United Kingdom of Great Britain and
Ireland, or elsewhere, before the said First day of July, shall have
the sole right to apply the same to any articles of manufacture, or to
any such substances as aforesaid, provided the same be done within
the United Kingdom of Great Britain and Ireland, for the respective 30
terms hereinafter mentioned, such respective terms to be computed
from the time of such Design being registered according to this Act;
(that is to say)

In respect of the application of any such Design to ornamenting
any article of manufacture composed of any Metal, or mixed 35
Metals or Wood, for the term of Three Years:

In respect of the application of any such Design to Glass or Earthenware, for the term of Three Years:

In respect of the application of any such Design to Paper Hangings, for the term of Three Years:

In respect of the application of any such Design to Carpets, for the term of Three Years:

40

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In respect of the application of any such Design to Shawls, if Shawls.
applied otherwise than by printing, or by any other process by
which colours are produced or may hereafter be produced, upon
tissue or textile fabrics, for the term of Three Years; but if
applied by printing or by any other process by which colours.
are produced, or may hereafter be produced, on tissue or textile
fabrics, for the term of Nine calendar Months:

Fabrics.

cles.

In respect of the application of any such Design to any other Other woven
woven Fabric composed of linen, cotton, wool, silk or hair, or
of any two or more of such materials, or to any yarn, thread Printed arti-
or warp, if the Design be applied by printing, or by any other
process by which colours are produced, or may hereafter be
produced, upon tissue or textile fabrics, for the term of Nine
calendar Months; but if applied by embroidery, by inter- Embroidered
weaving, or by any other process than printing, save and articles not
except such patterns as are printed preparatory to their being printed.
embroidered, for the term of Twelve calendar Months:

and woven

enumerated.

In respect of the application of any such Design to ornamenting Articles not
any other article of manufacture, or any substance, artificial or
natural, or partly artificial and partly natural (except Lace), for
which no period of Copyright is hereinbefore provided, for the
term of Twelve calendar Months:

4.

Provided always, and be it Enacted, That no person shall be Conditions of Copyright. entitled to the benefit of this Act, with regard to any Design in respect

of the application thereof to ornamenting any article of manufacture, or any such substance, unless such Design have, before publication thereof, been registered according to this Act, and unless at the time Registration. of such registration such Design have been registered in respect of the application thereof to such article of manufacture, or such substance, 30 and unless the name of such person shall be registered according to this Act as a Proprietor of such Design, and unless, after publication of such Design, every such article of manufacture, or such substance, to which the same shall be so applied, published by him, hath thereon, if the article of manufacture be a woven fabric for printing, at one 35 end thereof, or if of any other kind or such substance as aforesaid, at the end or edge thereof, or other convenient place thereon, the letters "Rd.," together with such number or letter or number and letter as shall correspond with the date of the registration of such Design, according to the Registry of Designs in that behalf; and such marks may be put on any such article of manufacture, or such substance, either by making the same in or on the material itself of which such article or such substance shall consist, or by attaching thereto a label containing such marks.

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Marks denoting a regis

tered Design.

5

And be it Enacted, That the Author of any such new and original Design shall be considered the Proprietor thereof, unless he have executed the work on behalf of another person for a good or a valuable consideration, in which case such person shall be considered the Proprietor, and shall be entitled to be registered in the place of the Author; and every person acquiring, for a good or a valuable consideration, a new and original Design, or the right to apply the same to ornamenting any one or more articles of manufacture, or any one or more such substances as aforesaid, either exclusively of any other person or otherwise, and also every person upon whom the property 10 in such Design, or such right to the application thereof, shall devolve, shall be considered the Proprietor of the Design in the respect in which the same may have been so acquired, and to that extent, but not otherwise.

And be it Enacted, That every person purchasing or otherwise 15 acquiring the right to the entire or partial use of any such Design may enter his title in the Register hereby provided; and any writing purporting to be a transfer of such Design, and signed by the Proprietor thereof, shall operate as an effectual transfer; and the Registrar shall, on request, and the production of such writing, or in the case of 20 acquiring such right by any other mode than that of purchase, on the production of any evidence to the satisfaction of the Registrar, insert the name of the new Proprietor in the Register; and the following may be the form of such transfer, and of such request to the Registrar:

FORM OF TRANSFER, and AUTHORITY to REGISTER. "I, A. B., Author [or, Proprietor] of Design, No. having transferred my right thereto [or, if such transfer be partial], so far as regards the ornamenting of

25

[describe the articles of manufacture or substances, or the locality with respect to which the right is transferred], to B. C., 30

"I, B. C., the person mentioned in the above transfer, do request you to register my name and property in the said 35 Design as entitled [if to the entire use] to the entire use of such Design [or, if to the partial use], to the partial use of such Design, so far as regards the application thereof [describe the articles of manufacture, or the locality in relation to which the right is transferred]."

But