5. Infringement. The statute provides that any person who shall print, publish, or im port, or cause to be printed, published, or im ported, any copy of a book which is under the protection of a copyright, without the consent of the person legally entitled to the copyright first obtained in writing, signed in presence of two or more credible witnesses, or who shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to bepublished, sold, or exposed to sale, any copy of such book, without such consent in writing, shall forfeit every copy of such book to the person legally at the time entitled to the copyright, and shall also forfeit and pay fifty cents for every sheet which may be found in his possession, either printed, or printing, published, imported, or exposed to sale, con trary to the intent of the act, one moiety to the owner of the copyright, and one moiety to the use of the United States. The act is con fined to the sheets in the possession of the party who prints or exposes them to sale. 7 How. 798. It has been held to be necessary to the recovery of these statutory penalties and forfeitures that the whole of the book should be reprinted. 23 Bost. Law Rep. 397.
6. But in order to sustain an action at common law for damages, or a bill in equity for an infringement of copyright, an exact re print is not necessary. There may be a piracy. 1st. By reprinting the whole orpart of a book verbatim. The mere quantity of taken from a book is not of itself a test of piracy.
3 Mylne & C. Ch. 737. Extracts and quota tions fairly made, and not furnishing a sub stitute for the book itself, or operating to the injury of the author, are allowable. 17 Yes. Ch. 422 ; 17 Law Jour. 142 ; 1 Campb. 94 ; Ambl. Ch. 694 ; 2 Swanet. Ch. 428 ; 2 Stor. C C. 100 ; 2 Russ. 383 ; 1 Am. Jur. 212 ; 2 Beay. Rolls, 6 ; 11 Sim. Ch. 31. 2d. By imitating or copying, with colorable alterations and dis guises, assuming the appearance of a new work. Where the resemblance does not amount to identity of parallel passages, the criterion is whether there is such similitude and conformity between the two books that the person who wrote the one must have used the other as a model, and must have copied or imitated it. The principal authorities ap plicable to this class of piracies are, 5 Ves. Ch. 24 ; 8 id. 215 ; 12 id. 270 ; 16 id. 269, 4f 2 ; 5 Swanst. Ch. 672 ; 2 Brown, Ch. 80 ; 2 Ruse. 385 ; 2 Sim. & S. Ch. 6; 3 Ves. & B. Ch. Ir. 77 ; 1 Campb. 94 ; 1 East, ;;61; 4 Esp. 169; 1 Stor. C. C. 11; 3 id. 768 ; 2 Woodb. & M. C. C. 497 ; 2 Paine, C. C. 393, which was the case of a chart. A fair and bond fide abridgment has in some cases been held to be no infringement of the copyright. 2 Atk. Ch. 141; Ambl. 403 ; Lofft, 775; 1 Brown, Ch. 451; 5 Yes. Ch. 709 ; 2 Am. Jur. 491; 3 id. 215 ' • 4 id. 456, 479 ; 39 Leg. Ohs. 346 ; 1 Younge & Ch. 298 ; 4 McLean, C. C.506; 1 Stor. C. C. 19; 2 Story, Eq. 939. 2 Kent, Comm. 382. A translation has been held not to be a violation of the copy right of the original. 2 Wall. Jr. C. C. 547.
In the case of piracy of prints, maps, charts, and musical compositions, the statute gives penalties and forfeitures for copying of the whole, and for copying, by varying, adding to, or diminishing the main design, with in tent to evade the law. The acts of infringe ment thus defined are, printing or importing for sale, or causing to be printed or imported for sale, without the consent of the proprietor of the copyright first obtained in writing, and signed in the presence of two credible wit nesses, or, knowing the same to be printed or imported without such consent, exposing to sale, or disposing of in any manner, with out such consent. The forfeitures extend to the plate or plates used, and to every sheet printed, and the penalties are one dollar for every sheet found in the possession of the in fringer, printed or published or exposed to i sale contrary to the intent of the act, to be re covered as in the case of the penalties for fully printing, publishing, or selling a book.
7. The title to a copyright is made assign able by that provision of the statute which authorizes it to be taken out by the " legal assigns" of the author. An assignment may therefore be made before the entry for copy right ; but as the statute makes a written in strument, signed by the author, etc., and at tested by two credible witnesses, necessary to a lawful authority in another to print, pub lish, and sell, a valid assignment or license, whether before or after the copyright is ob tained by entry, must be so made. Whether a general assignment of the first term by the author will carry the interest in the additional or renewed term, see 2 Brown, Ch. 80 5 Jac. 315. 2 Woodb. & M. C. C. 23.
The sole right of acting, performing, and representing dramatic compositions, which have been entered for copyright under the act of 1831, by a supplemental act, passed August 18, 1856, is now added to the sole right of printing and publishing, and is vested in the author or proprietor, his heirs or assigns, during the whole period of the copyright. This new right, being made an incident to the copyright, follows the latter whenever the formalities for obtaining it have been com plied with. For an unlawful representation, the statute gives an aotion of damages, to be assessed at a sum not less than one hundred dollars for the first and at fifty dollars for every subsequent performance, as to the court shall seem just. The author's remedy in equity is also saved. The statute does not apply to cases where the right of representation has been acquired before the composition has been made the subject of copyright. For a discussion of these acts, and of the nature and incidents of dramatic literary property, see 9 Am. Law Reg. 33, and 23 Bost. Law Rep. 397. On the general subject, see Curtis on Copyright ; Renouard, Droits d' Auteurs ; 2 Am. Jur. 248 ; 1 Phil. Leg. Int. 66.