Garfield, biography of, 278 Germany: see International Copyright— signatory of Berne Convention, 194 proclaimed under Chace Act, 249 "Golden Treasury," 25 "Guide to Science," 24

Haiti: see International Copyright— signatory of Berne Convention, 194 Hale, pleas of the Crown, 115

Ignorance no excuse for infringement of— common law rights, 223 books, 85, 102 performing rights, 142, 143 engravings, 156 sculpture, 165 paintings, drawings, and photographs, 179 Illustrations— copyright in when published with book,14 no literary copyright when published separately, 14 may be protected under Engravings Acts, 149 Immoral works, 46, 152, 163, 174, 223, 231, 266 Importation, 84, 287, 294— seizure by Customs, 84, 91 Importation (continued)— penalty on importing or selling foreign copies, 84, 91 prohibition of books printed outside U. S. A., 294 Indecent works, 46, 152, 163, 174 Infringement of copyright: see Remedies Books— what is a piratical copy, 96, 97, 276— substantial part, 97, 279 animus furandi, 100, 277 not necessarily for profit, 101 copy for private use, 102, 277 may be indirect and unintentional, 102, 277 custom of trade, 102 fair use, 103, 281 no monopoly, 103, 178 facts may be taken, 104 schemes and ideas may be taken, 104, 282 author must do his own work, 105 no excuse that he could easily have obtained same result, 109, 282 work with different object, 109, 283 extract for purpose of criticism, 111, 284 improvement and addition no excuse, 112, 283 dramatization of novel, 114 abridgments, 114, 284 translations, 116, 286 dramatic and musical performing rights: see Performing Rights engravings, 155, 276 sculpture, 164 paintings, drawings, and photographs, 177, 181, 276 Injunction: see Remedies— interlocutory, 87, 291 final, 87, 291 terms of, 88 probability of damage must be shown, 88 future number of periodical, 88 when difficult to enforce, 89 International Copyright, 193— copyright in foreign states, 193 copyright in works first produced in foreign states, 193 signatories of the Berne Convention, 194 what foreign works are entitled to protection, 195 when a work is deemed to be first produced, 195 work must be entitled to protection both in this country and in the country of origin, 196 unpublished works, 196 [399] posthumous works, 197 authorised translations, 197 choregraphic works, 197 works produced in foreign countries before December 6, 1889, 197 formalities required in case of foreign works, 198 who are entitled to sue in respect of foreign works, 200 evidence of title to copyright in foreign work, 200 protection afforded to foreign works, 200 importation of copies printed in country of origin, 201 courts will not inquire into foreign remedies, 201 works published before December 6, 1887, 202 translating right, 203 articles in newspapers and periodicals, 204 photographic works, 204 performing rights, 204 extract and quotation, 205 adaptation and arrangement, 205 Interrogatories, 94 Intestacy, copyright passes on, 83, 275 Italy: see International Copyright— signatory of Berne Convention, 194 proclaimed under Chace Act, 249

Japan: see International Copyright— signatory of Berne Convention, 194 Johnson's "Prince of Abyssinia," 115 Joint owners, 270— authors, 57, 64 assignees, 79 Jurist Reports, 28 Jury, trial before, 94

Labels, not protected, 168, 242, 246 Law Reports— copyright in, 28, 240 copyright formerly claimed by Crown, 59 Lectures, copyright in, 57— common law rights in, 222 Letters, copyright in, 14, 243— common law rights in, 225 literary property in writer, 225 rights of receiver, 225 may be published to vindicate character, 226 Letter-file not protected as a book, 242 Libel— libellous works not protected, 46, 152, 163, 174 agreement to indemnify against action for, 229 Libraries: see British Museum— delivery of copies to, 55 Library of Congress— provisions as to copyright records, 264 works may be imported for use of, 295 Licence— whether licensee can sue, 82, 177, 274 distinguished from assignment, 81 not to be presumed a sole licence, 82 whether licensor can sue without licence, 82 licence must be in writing, 83, 118, 159, 166 as a defence to infringement, 118, 159, 166, 184 Licensing statute, 4 Licensing Canadian Fisher Act, 188 Limitation of Action— books, 91 engravings, 156 sculpture, 165 paintings, drawings, and photographs, 181 in the United States, 292 Literary Property: see Book, Author, Assignment, Infringement, Duration of Copyright, International Copyright, Lectures, Letters, Owner of Copyright, Performing Rights, Periodical Works, Registration, Remedies, Common Law Rights, United States Literary matter required in book, 13 Literary merit: see Merit Living pictures, 182 Long Parliament, 4 Luxembourg: see International Copyright— signatory of Berne Convention, 194

Malicious criticism, 213 Manuscript: see Unpublished Work— ownership of and right to publish, 74 book in manuscript would probably be protected, 12, 38 Map, copyright in, 14, 236— whether protected under Engraving Acts, 148 Mark Twain, 297 Master and servant— master entitled to prevent servant using material acquired in his employment, 215 master's right to work of servant, 73 Mathematical calculations, 23 Mechanical instruments, no copyright in, 14, 242— not infringements of copyright, 97, 276 Meeson and Welsby's Reports, 28 [400] Merit, no literary merit required for book to obtain protection, 13, 16— secus in the United States, 237 Mexico proclaimed under Chace Act, 249 Millais— "The Huguenot," 157 "Ordered on Foreign Service," 173 "My First Sermon," 173 Monaco: see International Copyright— signatory of Berne Convention, 194 Music: see Performing Rights— copyright in, 36, 231 opera score infringed by dance music, 113 adaptations of music entitled to copyright, 130, 241 Mutilation, author may prevent, 213, 297

Name— assignee of copyright may publish under author's name, 297 Napoleon III. Cartoons in Punch, 110 New editions— new material in, is protected, 26, 242 slight corrections and verbal alterations, 27 registration of, 51 duration of copyright in, 57 passing off non-copyright edition for copyright one, 298 Newspaper: see Periodical— protected as a book, 11 must be registered, 48 Norway: see International Copyright— signatory of Berne Convention, 194 Notes to non-copyright work protected, 26, 241 Notice of objections, 92 Notice reserving performing rights in music, 131 Notice of copyright in United States, 255

Originality, what is an essential element of book, 15 Owner of copyright, who is— certificate of registration primâ facie proof of ownership, 53 Books— the Crown, 59 the universities, 61 the author, 62, 269 the employer, 66, 271 the assignee, 74, 272 the licensee, 82 engravings, 152 sculpture, 164 paintings, drawings, and photographs, 174 in the United States, 269

Paintings, drawings, and photographs— copyright in, 167, 236, 246 what is an original work of art, 167 what artistic element required, 168 first publication if outside British dominion, destroys copyright, 168 what is publication of work of art, 169 artist must be British or resident within British dominions, 170 registration, 171— what must be registered, 171 must be before infringement, 171 assignee must be registered, 172 short description of nature and subject of work required, 173 immoral works, 174 duration of protection, 174 sale without reserving copyright, 174 owner of the copyright, 174— the author, 174 the employer, 175 the assignee, 176 partial assignment, 176 whether licensee can sue, 176 infringement, 177— prohibited acts and remedies, 177 causing or procuring infringement, 187 innocent agent, 179 unlawful copy, 179 separate offence, 179 no minimum penalty, 180 copying for private use, 180 on breach of contract, 180 affixing false name or initials, 180 fraudulently representing false authorship, 180 limitation of action, 181 photograph of picture sufficient evidence of, 181 what is piratical copy, 181— no monopoly of subject-matter, 181 general idea may be taken, 182 material part, 183 indirect taking, 184 guilty knowledge, 184 replicas, 184 licence a defence, 184 "Paradise Lost," with notes, 26 Parliamentary papers, 60 Part of a book entitled to copyright, 12 Particulars, 94 Partners— firm name of publishers may be entered in register, 52 Passing off: see Common Law Rights— by similar title, 204, 296 by similar binding, 298 of non-copyright edition for a copyright one, 298 [401] Patents, specification of, 21 Pattern sleeve, no copyright in, 14, 32, 242 Payment— of author essential under section 18, 71 Penalties: see Remedies Performance, no infringement of copyright, 120 Performing rights— nature of, 120 performing right at common law, 121 history of protection of performing rights, 122 what is a dramatic work, 123 what dramatic works are protected, 126 duration of performing rights, 126 if first published or performed outside the British dominions, 128 what is a musical composition, 130 what musical works are protected, 130 notice reserving musical performing rights, 131 registration of performing rights, 131 assignment of performing rights: see Assignment Infringement of dramatic performing rights, 135, 286 Infringement of musical performing rights, 142, 287 remedies for infringement of performing rights, 144 Periodical works— proprietor's copyright in, 66 author's separate rights to contributions, 72 duration of protection, 57 first number only need be registered, 51 articles may be copied from foreign periodicals, 204 Perpetual copyright— question of, 5 in the universities, 61 Persons liable for infringement of copyright— books, 85 performing rights, 139, 142, 143 engravings, 156 sculpture, 165 paintings, drawings, and photographs, 178 United States copyright, 291 Photographs: see Paintings, Drawings, and Photographs— who is author of, 174 who is owner of copyright in portrait, 175 foreign photographs, 204 protection in the United States, 236, 245 Pianola, perforated scroll for: see Mechanical Instruments Piracy: see Infringement— whether piratical book entitled to copyright, 46 Playwright: see Performing Rights Pleading, 92, 293 Portugal proclaimed under Chace Act, 249 Posthumous works, 57, 197 Prayer Book, 59 Preamble of Literary Copyright Act, 14 Precedents, 23 Printers' agreements, 230 lien for printing charges, 230 omission to print name and address on book, 230 no payment before completion of order, 230 printer does not insure manuscript, 230 universal works, 231 Prints: see Engravings Profane works not protected, 46, 152, 163, 174 Proprietor of collective work: see Periodical Works Public Authorities Protection Act, 92, 144 Public documents— selection from, constitutes a copyright work, 21 no copyright in mere transcript of, 21 Publication— Books— divests the common law right, 36 divestitive publication, 37 performance of music or drama, 37 delivery of lectures, 37 book privately distributed, 37 book issued to subscribers, 37 music hall programme, 38 public exhibition of book, 38 invests the statutory copyright, 38 investitive publication, 38 whether book must be printed, 38 whether distribution of copies necessary, 39 deposit of copy in British Museum, 39 proof of publication, 39 book must be first published within British dominions, 40 may be written anywhere, 41 whether it must be printed within British dominions, 40 previous performance abroad of dramatic or musical work, 41 notice of objection as to, 92 engravings, 150 sculpture, 162 paintings, drawings, and photographs, 169 time of first publication must be registered to the day, 51 United States, 260 [402] name must be entered on register, 49 liable for non-delivery to libraries, 55 Publishers' agreements, 227— not assignable unless so expressed, 227 terminated by death, 227 specific performance, 227 agreement not to publish elsewhere, 228 agreements not to write or publish similar works, 228 price and embellishments, 229 copyright, owner of, should be stated, 229 libel, agreement to indemnify against action for, 229 writing, when required, 230 stamp, when required, 230 Purpose for which literary matter composed immaterial, 12