Abandonment— of copyright, 119 of right in unpublished work, 223 Abridgment— of non-copyright literary matter constitutes a new book, 21, 25 whether an infringement of copyright, 114, 284 Account of profits: see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artist, 170 what works of aliens can acquire copyright in the United States, 247 may sue in United States in respect of unpublished work, 299 America: see United States Animus furandi, 100, 277 Anne, Statute of, 4 Annotation, copyright in notes, 26, 241 Anonymous Works— entitled to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 [396] 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 [397] 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 [398] 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