There are certain works excepted from the benefit of the law of copyright from the nature of their contents. Such are, all publications injurious to morality, inimical to Christianity, or stimulating, either as libellous or seditious, to a breach of the peace. This must however be un derstood of their general tenor, and not of isolated passages. As far as a rule on the subject can be laid down, it is, that any work containing matter for which a pub lic indictment or private prosecution could be sustained is not protected by the law, but may be pirated by other parties at pleasure, who, if sued for penalties under the act, are allowed to give in evi dence the nature of the composition which they have published, in order to defeat the action. This is a remarkable excep tion to the general rule of law, that none shall take advantage of his own wrong ; and its operation is quite as remarkable, the effect of the rule having often been to disseminate more widely that which the law has declared not to merit The protection given to authors by the statute of copyright is coupled with the condition of presenting five copies of every book to public libraries. A copy of every work, and of every second or subsequent edition which contains any additions or alterations, bound, sewed, or stitched together, and on the best paper on which the same shall be printed, is to be de livered at the British Museum within one month after its first publication, if it is published within the bills of mortality, or within three months if published in any other part of the United Kingdom, or within twelve months if published in any other part of the British dominions ; and a copy of every work, or second or subse quent edition, containing additions and alterations, on the paper of which the largest number of copies shall be printed for sale, in the like condition as the copies prepared for sale by the publisher, is to be delivered, if demanded, within twelve months after publication, within one month after demand made, at Stationers' Hall, for the Bodleian Library at Oxford, the Public Library at Cambridge, the Library of the Faculty of Advocates at Edinburgh, the Library of Trinity College, Dublin, under penalty of forfeiting the value of the copy of each book or edition not delivered, and a sum not exceeding 51., to be reco vered by the Librarian, or other officer pro perly authorised, of the Library to which the book should have been delivered, on conviction before two justices of the peace for the county or place where the publisher resides, or by action of debt in any Court of Record in the United King dom. Formerly, under the 54 Geo. III. c. 156, an author was obliged to give eleven copies of his work to public libra ries. The 6 & 7 Will. IV. repealed the 54 Geo. III. c. 156, so far as related to the delivering of copies to the four universities of Scotland, Sion College, and the King's Inns, Dublin, compensa tion being given to these institutions upon an estimate of the annual value of books supplied on an average of three years, ending the 30th of June, 1836.
Besides the special copyrights' of the universities secured to them as befoie mentioned by statute, there still exist certain prerogative copyrights attaching to the owners in perpetuity. Of these the chief belong to the king, which were more numerous and considerable formerly than at present. Many are now quite obso lete, such as those of almanacs, law books, and Latin grammars ; and others very questionable, such as that of the ex clusive right of the universities of Oxford and Cambridge, and the king's printer in England and in Scotland, to print the English translation of the Bible. The
king has a prerogative copyright in the liturgy and other services of the church, in proclamations, orders in council, and other state papers, and in the statutes. It has been decided, that the University of Cambridge shares by letters patent in the king's prerogative of printing acts of parliament. The House of Lords also ex ercises an exclusive privilege, somewhat fallen into disuse, of publishing its own proceedings as the supreme court of judi tature.
The modes of legal proceeding to pre vent or punish the infringement of copy right. or as it is more usually termed, piracy. are by action for damages ; or more commonly by obtaining an injunc tion iu equity to prohibit the unlawful publication, which affords immediate and summary redress. This is always granted where the legal title of the plaintiff to the work is made out, and the identity of the pirated publication with his own shown to the satisfaction of the court. The proof even of an equitable title has been held sufficient to entitle the plaintiff to this relief. (Mawman v. Tegg, 2 Russ. 385.) Neither will the court refuse to grant the injunction on the ground that the matter pirated forms only a part of the publica tion complained of, and that what is ori ginal will be rendered useless to the de fendant and the public by prohibiting its sale. But as this mode of proceeding presses very severely upon defendants, and often inflicts irreparable injury, the court, where any doubt attaches, will either refuse the injunction altogether, or grant it only on condition of the plaintiffs bringing an action immediately, to have the merits of the case decided by a jury with the smallest possible delay ; and in the mean time the defendants will he or dered to keep an account of the copies sold.
The strict powers given by the 5 & 6 Viet. c. 45, have been exercised vigorously by the Custom-house authorities, and found very effectual to prevent the importation into this country of the French, Belgian, German, and American reprints of popu lar English works ; but English authors still suffer by the circulation of these re prints abroad; and a practice so destructive of the fair profits of mental labour can only be effectually redressed by prevailing on foreign countries to extend the benefits of their own laws against literary piracy to aliens as well as native authors. Two statutes have been passed in the present reign to enable her Majesty to extend to foreigners the benefits of our laws of copy right. The first of these, 1 & 2 V let. c. 59, was repealed by 7 Vict. C. 12, the statute which is now in force, and which was sub stituted in consequence of the alterations in our law of copyright. This act, entitled An Act to amend the law relating to In ternational Copyright,' empowers her Ma jesty by order in council to enable authors of works first published in foreign countries to have copyright in the British domi nions for books, prints, articles of sculp ture, and the sole liberty of representing dramatic and musical pieces, for periods not exceeding those allowed by the vari ous copyright acts for the respective classes of works when first published in this country, on conditions of registration and delivering of one copy at Stationers' Hall ; but no such order in council is to have any effect unless it is stated therein, as ground for issuing the same, that reci procal protection for British authors has been secured in the foreign country to which the order in council refers. The power given by this act has not yet been exercised in the case of any single foreign country.