DESIGNS, COPYRIGHT AND REGIS TRATION. Intermediate in character be tween the copyright of literary productions, and patents for mechanical inventions, is the registration of designs in which fine art is more or less exhibited. An act of parliament in 1735 gave a copyright for fourteen years in the arts of designing, engraving, and etching prints : enforcing the right by fine and for feiture. An act of 1767 extended this right to a period of twenty-eight years, and made it to include the designing of maps, charts, and plans. An act in 1777 increased the power of designers to enforce the observance of the right. Three acts, passed respectively in 1787, 1789, and 1794, gave a copyright for securing the use of new patterns in the print ing of linens, cottons, calicoes, and =dins, for a period of three months. An act of 1798 gave a copyright for fourteen years in respect to models, casts, and other sculp tures ; and another act in 1814 strengthened this right. An act in 1836 extended many of the above copyrights to Ireland. An act in 1838 secured copyright for printing designs in other woven goods, in addition to cottons and linens.
These were the statutes which governed the copyright of designs, down to the time of passing the Registration Act of 1839. This Act declared the existence of copyright in respect to the following productions—patterns to be painted, printed, or wcrked upon any material ; modelling, casting, embossing, chasing, or engraving any new design ; a new shape or configuration of a manufactured article. The Board of Trade was empowered to appoint a registrar, deputy registrar, and six clerks, to manage the registration of such designs ; and any person so registered had a copyright in his design for three years.
A more comprehensive act was passed in 18.12, which gave a copyright for any new and original design, whether applicable to the ornamenting of any article of manufacture, or to the employment of any new material for manufactures. The right was made applica ble for the pattern, the shape, or the orna ment; and was equally valid whether the pattern were worked by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or dyeing. Arrangements were made for regis tering the designs, for transferring property in them, and for enforcing penalties in cases of infringement. All designs were classed under one or other of thirteen headings ; and the period of copyright was declared to be three years, one year, or nine months, according to the class to which the design belonged.
By another act in 184-3 the copyright was extended to designs which, though not actu ally ornamental, have reference to some pur pose of utility in respect to shape or form. All such articles are to be stamped with the word ' registered,' and the copyright in them exists for three years. The registrar is to prepare an index of all such non-ornamental designs ; and at the expiration of the copy right, the designs may be copied by any person at the registrar's office, on payment of a fee.
These two acts, in conjunction, guided the proceedings in respect to the copyright of de signs for several years; but a statute passed in 1850 has introduced—not so much a change —as an extension of the right. When it was found that the proposal for an Exhibition of the world's Industry was likely to be libe rally responded to, it was felt that something ought to be done to secure the copyright of any new designs which might be made public at the Exhibition ; and it was mainly to secure this end, that the act was passed which re ceived the royal assent in August 1850. By this act • any new design may be provisionally registered for twelve months ; during this period the proprietor may exhibit his design, and describe it in catalogues, without vitiating his copyright ; and at any time during the twelve months he, and he alone, may register the design in the fuller manner set forth in the former acts ; but if during this provisional period he should sell any of the articles to which this design is applied, he loses the power of completing the registration. Several other clauses are introduced, tending to secure the right of Exhibitors at the Industrial Ex hibition of 1851.
The Commissioners have made arrange ments for this provisional registration, in respect to new designs to he exhibited in Hyde Park. Until February 1, 1851, the de signs were registered at Somerset House, on payment of a small fee ; hut after that date they are to be registered in the 'Palace of Industry,' free of charge. The Commissioners have issued minute instructions to guide those who are about to register their designs ; the designs themselves being placed in two great groups, in respect to ornamenting and to shape, and each group being divided into classes. The Registrar of Designs has also issued full instructions, explanatory of the operation of the three acts of 1842, 1843, and 1850, and applicable to other purposes besides those of the Great Exhibition.