In America, before the establishment of the con stitution of the United States, it is doubtful whether there was any copyright at common law in any of the states. 8 Pet. 591. But some of the states had passed laws to secure the rights of authors, and the power to do so was one of their original hranchee of sovereignty, afterwards ceded to congress. By art. 1. sect. 8, of the federal constitution, power was given to congress "to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." Uncle] this authority, an act of May 31, 1790, secured a oopyright in maps, charts, and books ; and an sal of April 29, 1802, gave a similar protection to en. gravings.
These statutes were revised and amended by tht. act of February 3, 1831, which embraces the pre sent copyright law as to "books, maps, charts, mu sical compositions, prints, cuts, and engravings;" and it also extends protection to manuscripts.
2. The persons entitled to secure a copyright. Any person or persons being a citizen or citizens of the United States, or resident therein, and being the author or authors of any book, map, chart, or musical composition, or who shall invent, design, etch, engrave, work, or cause to be engraved, etched, or worked from his own design, any or engraving, and the executors, administrators, or legal assigns of any such person or per sons, may secure a copyright therein by com plying with the requisitions of the statute. The term " citizen" comprehends both native born and naturalized citizens. A foreigner may take a copyright, if resident ; but whe ther such residence must be permanent, or may he temporary, has not been judicially determined.
The term for which a copyright may be obtained is the period of twenty-eight years from the time of recording the title ; and at the expiration of that period the author, en graver, or designer, if living, and his widow and children, if he be dead, may re-enter for fourteen years additional or renewed term.
3. The formalities requisite to the securing of the original term are-1. The deposit of a printed copy of the title of the book, map, chart, musical composition, print, cut, or en graving, in the clerk's office of the United States district court for the district where the author or proprietor resides. 2. The re cording of that title by the clerk. 3. The deposit of a copy of the book, etc. with the same clerk within three months of the time of publication. 4. The printing of a notice that a copyright has been secured on the title page of every copy, or the page immediately following, if it he a book, 9r on the face, if it be a map, chart, musical composition, print, cut, or engraving, or on the title or frontis piece, if it he a volume of maps, charts, music, or engravings, in the following words :— " Entered according to act of congress, in the year , by A B, in the clerk's office of the District Court of " (as the case may be). In England the name of the author need
not appear on the title-page. 7 Term, 620.
To obtain the renewed or additional term, these requisites must be repeated within six months before the expiration of the first term; and a notice must also be printed within two months of the date of the entry for renewal, for the space of four weeks, in one or more newspapers printed in the United States, which notice must consist of a copy of the record of the renewal. As to the necessity for the observance of these conditions, see 8 Pet. 591; 4 Wash. C. C. 486 ; 1 Blatchf. C. C. 618 ; 2 id. 82.
Prior to the act of congress " providing for keeping and distributing all public docu ments," approved February 5, 1859, the law provided one copy of each book or other production should be sent to the librarians of the Smithsonian Institute, and one to the librarian of the Congress This pro vision is now repealed; and while in existence it was questionable whether a compliance with its conditions was essential to a valid copyright. 1 Blatchf. C. C. 618.
4. The remedy for an infringement of copy right is threefold. By an action of debt for certain penalties and forfeitures given by the statute. By an action on the case at common law for damages, founded on the legal right and the injury caused by the infringement. The action must be case, and not trespass. 2 Blatch£ C. C. 39. By a bill in equity for an injunction to restrain the further infringe ment, as an incident to which an account of the profits made by the infringer may be or dered by the court, 6 Ves. Ch. 705 ; 8 id. 323 ; 9 id. 341; 1 Russ. & M. Ch. 73, 159 ; 1 Younge & C. Ch. 197 ; 2 Hare, Ch. 560; though it can not embrace penalties. 2 Curt. C. C. 200; 2 Blatchf. C. C. 39. The complainant in a bill in equity must show a prima facie legal title ; although a strictly i legal title is not indispen sable to relief. It s sufficient if there be clear color of title founded on long possession. 6 Yes. Ch. 689 ; 8 id. 215 ; 17 id. 422 ; Jac. 314, 471 2 Russ. 385 ; 2 Phill. Ch. 154. As to the objections that may be taken by gene ral demurrer, see 2 Blatchf. C. C. 39. The in junction may go against an entire work or a part, 2 Russ. 393 ; 3 Stor. C. C. 768 ; 17 Yes. Ch. 422 ; 3 Mylne & C. Ch. 737 ; 11 Sim. Ch. 31 ; 2 Beay. Rolls, 6 •, 2 Brown, Ch. 80 ; though the court will not interfere where the extracts are trifling. 17 Law Term, 141; • 2 Swanst. 428 ; 1 Russ. & M. 73 ; 2 id. 247. Original jurisdiction in respect to all these remedies is vested by another statute (Feb. 15, 1819) in the circuit courts of the United States. The act of 1831 limits the action for the penalties and forfeitures to the period of two years after the cause of action arose. The remedy for an unauthorized printing or pub lishing of any manuscript is by a special action on the case, or by a bill in equity for an injunction. Original jurisdiction in these cases is likewise vested in the circuit courts by force of the two acts of 1819 and 1831.