The ordinary process of stopping the issue of unauthorized reprints of C. works, which receive the name of pirated editions, consists, in the first place, in procuring an injunction from the court of chancery (if in Scotland, an interdict from the court of session), and of afterwards raising an action of damages at common law. On all that concerns prosecution, as well as for many details respecting C. in its different varieties, we refer to Godson and Burke's Treatise on the Laze of Copyright.
Such is the history and general nature of the law of C. 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 C. 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 C. 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 reanimated productions constitute no small share of the cheap vol umes that invite public attention—the author and his heirs being not in the slightest degree benefited by the process of literary resurrection.
Extracts, Abridgments, etc.—C. 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 C. works are deemed piracies. and their sale can be stopped. In such cases, however, the abridgment must show a clear adoption of the language or collocation of words of the original. It is now determined that no C. can be maintained in mere subject, informa tion, 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 that may have little regard to matters of fact), and make out of it a new work, there is no invasion of C. unless the words of the first have been at the same time taken. See preface to Napier's Memoirs (f Dundee.
Encyclopaedias, Periodicals, etc.—Tho C. of articles contributed for and included in encyclopTdias, 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 C. 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 lie 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.—Thesc, with right of representation and performance, are, by the act 5 and 6 Vict. c. 45, subject to the same C. as books. Strictly, a C. song cannot be publicly sung, or a tune publicly played, without the per Mission of the composer or his assigns. Verses must not be taken from a periodical or copyright work, and set to music for sale, without permission. A C. work of fiction may be dramatized without the consent of the proprietor, who has no statutory power to forbid the performance.
Lectures and Public Addresses remain the C. of the person delivering them. By 5 and 6 Will. IV. c. 05, 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 OA 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.