Front matter
Cornell University Law Library
The Moak Collection
PURCHASED FOR
Table Of Contents
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Explanation of Abbreviations xxix
Table of Cases xxxv
Chapter II. What May Be Copyrighted
Books 140
Great Britain X4q
All contents of book covered by copyright ] 44
Title alone not subject of copyright 145
New Editions I45
Is change of one word enough to create title to copyright
in new edition ? I49
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Compilations 152
Materials need not be new ^ 154
Copyright is in arrangement and combination of materials . 156
Abridgments, digests, translations, and dramatizations .... 158
Law Reports 159
Matter prepared by reporter 159
Abridgments, digests, and selections of cases 160
Opiuifus of the court 160
May be copyrighted by government 161
Statutes and public documents 164
Publications used for advertising 1 64
Newspapers, magazines, and other periodicals 1 68
In England, special provision for magazines and periodicals . . 170
Newspapers in England 172
Maps, charts, and plans 174
Dramatic and musical compositions 175
Engravings, prints, and cuts 177
Paintings, photographs, chromos, sculpture, &c 178
Designs 180
Chapter III. Qualities Essential To Copyright
Seditious and libellous publications 181
Immoral productions 185
Blasphemous publications 187
False pretences as to authorship 196
Originality 198
Work need not be wholly original 199
Collections of well-known facts 201
Compilations 202
Works alike may be original 205
Test of originality 208 xiv TABLE OP CONTENTS.
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Literary merit and quality
Literary merit 208
Quantity 212
Chapter IV. , In Whom Copyright Will Vest
International Copyright. — Great Britain 214
Foreign works in original language 214
Translations 215
Adaptations of dramatic compositions 215
Newspapers and periodicals 216
Statutory requirements in case of translations 217
Importing piratical copies prohibited 219
Works first published abroad not entitled to copyright,
except under International Acts 220
Rights of foreign authors in Great Britain 220
Foreigner resident abroad not entitled to copyright . . . 223
The law criticised 226
Foreigner within British dominions may secure copyright . 229
British subject resident abroad entitled to copyright . . . 230
Law summarized 230
Works of ait 230
Rights of foreigners in the United States 231
No copyright in work of foreign author 231
Statutory prohibition not extended to certain works of art . 231
Translations, abridgments, dramatizations 232
Joint native and foreign authors 232
Meaning of resident 233
Immaterial where work is produced or citizen author
resides 234
Foreign assignee of native author 235
Author and assignee 236
Who is author 236
Joint authors 237
Who is assignee 238
Owner of manuscript may secure copyright 239
Rights of employer and author employed 243
Cyclopsedias and periodicals in Great Britain 243
General publications in Great Britain 247
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Wallenstein v. Herbert criticised 251
Works of art in Great Britain 254
Employer may secure copyright in United States .... 255 No copyright in worls of foreign author employed . . . 257 Employer not entitled to copyright by mere fact of employment 257
Copyright vests in employer only by agreement .... 258
Cyclopaedias and periodicals in United States 259
Copyright in person in whose name entered 260
Extension for author and family 261
Chapter V. Statutory Requisites For Securing Copyright
Requisites prescribed by acts of 1790 and 1802 .... 262 Difference of judicial opinion as to meaning of acts of
Requisites prescribed by statute of 1831 264
Judicial construction of statute of 1831 264
What must be done to secure copyright under statute now
in force 265
Compliance with statutory requisites essential to copyright . 265
Requisites in case of new editions 269
Must original copyright notice be printed in revised
edition? 270
Books in two or more volumes 274
Newspapers and magazines 274
Delivery of copies to Librarian of Congress 275
Penalty for falsely printing copyright notice 276
Fees for securing copyright 276
How to secure renewal of copyright 276
Delivery of copies to libraries 277
Registration. — Books 278
Cyclopaedias and periodicals 280
Newspapers 280
Dramatic compositions 280
Engravings and prints 280
Maps 281
Paintings, drawings, and photographs 28-1 xvi TABLE OP CONTENTS,
Page
Sculpture 281
Registration under International Copyright Acts .... 281
Statutory copyright begins with publication, — does not
exist in unpublished works 283
Publication must be within reasonable time after filing
title 284
"What is a publication 285
Dramatic compositions "85
Paintings and sculpture 286
Is circulation of manuscript copies publication ? . . . . 289
Private circulation of copies not publication 290
When a book is published 291
Place of first publication. — Great Britain 292
Place of printing 296
Summary of the law 297
United Kingdom and British dominions defined 298
Colonial copyright 298, note
Chapter VI. Transfer Of Copyright
By registration 301
By bequest and in case of intestacy 302
Must assignment of copyright be in writing ? 302
Judicial construction of former statutes, — writing, but not
attestation, held to be necessary 302
The doctrine maintained that assignments need not be in
writing under English statutes 304
Former statutes considered 304
Judicial opinions against the soundness of the prevailing
doctrine 309
Does present statute require assignment to be in writing ? . 311 Authorities in favor of doctrine that under present statute copyright may be transferred by parol 313
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Engravings, paintings, photographs, &c 316
Engravings and prints 316
Maps 317
Paintings, drawings, and photographs 317
Mode of transfer in the United States 318
Former statutes 318
Meaning of statute in force 319
Mode of transfer before publication 319
Must assignment of copyright in published book be in
writing? 320
Transmission by bequest and in case of intestacy . . . 321
In case of bankruptcy 322
Form of written assignment 323
Sale of stereotype plates 324
Renewal of copyright considered with reference to assignment 326
Author may divest himself and family of right to renewal 326
Effect of transfer before publication on renewal .... 327
Bights of parties determined by agreement 328
Absolute assignment before publication gives unlimited right
to publish 328
Absolute assignment of copyright held to carry future
playright 331
Effect of assignment after publication on renewal . . . 331
Assignee cannot make renewal 333
Author may assign renewed term 333
Limited assignment 334
One or more of several rights in a work may be assigned . 334
Copyright indivisible as to locality 335
Copyright may be assigned for one or more of several
countries 335
Is copyright divisible as to time ? 337
]May limited assignee transfer copyright ? 338
Rights of assignor and assignee as to selling copies .... 338
The law as construed in England 338
In United States, may assignor sell copies after assignment? 339
May assignee sell copies after end of limited assignment? 341
English decisions questioned 342
Author may not reproduce work after assignment 342
Warranty of title 342
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CHAPTEE VII.
AGREEMENTS BETWEEN AUTHORS AND PUBLISHERS.
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Agreement for publication of one edition. — Number of copies
specified 343
Agreement indefinite as to duration and number of copies. — Subsequent editions, if called for. — Transfer of rights of
publisher in bankruptcy to tliird persons 345
Division of profits on copies sold above specified number. — publisher bankru[)t. — Author claims as partner in unsold
stock 350
Agreement indefinite as to duration and number of copies. — Division of profits. — Publisher may fix selling price. —
Author may end agreement by proper notice 351
Agrtement for first edition of specified number, and unlimited
second edition if called for 355
Agreement for use of matter in specified editions 360
Agreement with State reporter for publication of law reports 362
Principles drawn from foregoing cases 363
Rights of parties after agreement is ended 368
Publisher's right to sell after agreement is ended held not to
be exclusive . . ; 368
Above decision questioned 370
Held in England that buyer of copyright for limited time may
sell all copies printed during that time 372
And that, after sale of copyright, seller may sell copies printed
before sale 373
Law claimed to be diiFerent in United States 373
Negative covenant by author 373
Author may not reproduce work after sale of copyright . . . 374 May publisher make changes in author's manuscript ? . . . . 375 Publisher liable for injury to author by false representations as
to authorship of revised edition 377
Publisher entitled to damages when author refuses to supply
rest of manuscript after part is piinted 378
Copies printed to replace those destroyed by fire not a new
edition 37O
Unlawful publications 373
Cyclopaedias and periodicals 379
Title of magazine partnership property 380
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Page:
Name of editor not part of title 380
Joint owners of copyright 381
Literary contracts governed by statute of frauds 381
Chapter VIII. Piracy
Piracy defined, and distinguished from plagiarism 383
Fundamental principles by which piracy is determined . . . 383
True test of piracy 385
Lawful uses of copyrighted works 386
Fair use by quotation 386
Extracts for criticism 387
Test of fair use in case of criticism 388
Unfavorable criticism 388
Extracts for other purposes than criticism .... 388
Selections to illustrate work on poetiy 390
For biography 390
To illustrate career of person 391
Objection not to plan, but manner of execution . . . 303
When plan is unlawful 393
Fair use otlierwise than by quotation 394
General principles 394
Directories 396
Descriptive catalogue 396
Work on ethnology 396
Dictionary 397
Statistics 398
General test of fair use 398
General principles relating to piracy 399
Copying from protected work essential to piracy .... 399
Similarity creates presumption of copying 400
Intention to pirate not essential 401
IntentioQ may aid in determining fact of copying .... 402
Ignorance no defence of piracy 403
General forms and tests of piracy 404
Reprint of entire work 404
Purpose for which work is taken immaterial 405
Substantial copy of protected work 407
Substantial identity test of piracy 408
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Same rule applies to maps, engravings, paintings, music, &c. 409
When material part is taken 411
Publication complained of need not serve as substitute . 412
What amount is material 413
Value to be considered 414
Piracy in the case of compilations 416
Compilations of common facts 416
Test of piracy 416
Law construed in case of directories 418
Descriptive catalogues 421
Maps 421
Compilations of published materials 422
When materials and arrangement are taken .... 422
When materials, without arrangement, are taken . . 424
When arrangement, but not materials, is copied . . 425
Ascertaining the fact of copying 428
Common errors test of copying 428
Things against presumption of copying 429
Presumption of copying created by likeness must be
overcome by defendant 430
Chapter IX
ABRIDGMENTS, TRANSLATIONS, AND DRAMATIZATIONS, CONSIDERED WITH REFERENCE TO PIRACY.
General principles 433
Abridgments 434
English authorities 435
American authorities 437
The doctrine maintained that an unauthorized abridgment
is piratical 440
Translations 445
Statutory provision for reserving right of translation and
dramatization 445
Unlicensed translation in absence of reservation .... 446
English authorities 446
American authorities 449
Unlicensed translation held to be lawful 449
The doctrine maintained that an unauthorized translation
is piratical 450
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Stowe V. Thomas criticised 454
Dramatizations 456
Publication of unlicensed dramatization not lawful . . . 456 Unauthorized dramatization for performance. — Law as
expounded in England 456
The law as construed in England criticised 458
When an unlicensed dramatization for performance is piratical 461
Chapter X. Remedies In Law For The Infringement Of Copyright
Remedies provided by existing statute 469
Action for damages against unlawful printing, importing, or
selling 469
Knowledge of- piracy 470
Forfeiture of copies 471
Penalties against unlawful importing 472
Common-law remedies available under statute 473
When common-law remedies not available 474
Engravings and prints 478
Penalties and forfeitures 478
Action for damages 478
When seller is liable 478
Copying by lithography, photography, or other processes
unlawfiil 480
Copies made by hand 480
Substantial identity test of piracy 481
Maps and charts 482
Paintings, drawings, and photographs 482
Penalties and forfeitures 482
Is unlicensed copying of engraving piracy of painting ? . 483
Penalty for every copy unlawfully sold 484
Unlawful importing prohibited. — Action for damages
given 485
Sculpture 485
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United States. — Books 486
Action for damages and recovery of piratical copies . . . 48b
Persons liable. — Knowledge of piracy 487
Gratuitous circulation of copies 487
Are copies subject to forfeiture when only part of book is
piratical? • . . . . 488
Maps, charts, musical compositions, and works of art .... 491
Penalties and forfeitures 491
Persons liable. — Knowledge of piracy 492
Substantial copy subject to penalties and forfeitures . . . 492
Copying by photography and other processes unlawful . . 492
Is copying of engraving or pliotograph piracy of painting ? 493
Gratuitous circulation of copies 493
Action for damages 493
General provisions 494
Penalty for false printing of copyright notice 494
Unlicensed publication of manuscripts 494
Neither oral use of production, except dramatic composition, nor exhibition prohibited 495
Chapter XI. Remedies In Equity For The Infringement Of Copyright
Nature and extent of equity jurisdiction in copyright cases . . 496 Complainant's title. His con.sent, delay, and acquiescence considered as defences of piracy 498
What must appear before equity will interfere .... 498
Defences against charge of piracy 499
Equitable title sufficient in court of equity 500
Suit barred by plaintiff's consent to publication .... 501
When plaintiff's consent may not be implied 502
Delay or acquiescence on part of plaintiff 504
' Plaintiff not responsible for delay when ignorant of piracy . 505
Delay may be explained 505
Plaintiff's rights not prejudiced by custom 506
Stronger case of acquiescence on final hearing than preliminary application 506
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Are plaintiff's rights lost by apparent acquiescence ? . . 506 Tendency of recent decisions toward doctrine that plaintiff's rights are not lost by mere delay 508
How piratical copying is ascertained 512
Defendant should point out copied parts, produce manuscript, &c 515
Temporary injunction 515
When tempoi-ary injunction granted 516
When temporary injunction not granted 517
Ephemeral publications 518
Should injunction be refused because piratical may easily be
replaced by innocent matter? 519
Account of profits may be ordered when injunction refused 521
Permanent injunction 521
Injunction granted when material piracy clear 521
Injunction may be refused in doubtful case 521
Actual damage need not be proved 521
Injunction granted when action for penalties cannot be
maintained 522
Injunction against any wrong-doer 523
Injunction may be refused when piracy slight 523
When consequences to defendant considered 524
.Illustrations of material quantity and value 525
Form of the injunction • 527
Injunction granted only against piratical part 527
Entire work may be restrained when piratical part cannot
be separated 529
Form of injunction 530
Account of profits 531
Right to account dependent on right to injunction . . . 632
Account may be ordered before injunction granted . . . 533
Account ordered when not asked for 533
Past sales 533
Discovery 534
Rule of damages 535
Injunctions on other grounds than infringement of copyright . 535
Injunctions protecting titles 635
Breach of trust . ' 637
False representations as to authorship 539
External likeness of publications 540
Libellous, immoral, and blasphemous publications .... 540
Specific performance of agreements 541
XXIV TABLE OP CONTENTS.
Chapter XII. Jurisdiction Of The United States Courts
Fagk Statutory penalties and forfeitures must be sued for in court of
law 547
Forfeiture of copies at common law 549
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You’ve reached the end of A treatise on the law of property in intellectual productions in Great Britain and the United States. Embracing copyright in works of literature and art, and playright in dramatic and musical compositions.