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Read Ebook: A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions Orders in Council Treasury Minute and Acts of Cong by MacGillivray Evan James
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Ebook has 1676 lines and 228941 words, and 34 pages
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TABLE OF ENGLISH, SCOTCH, IRISH, INDIAN, AND COLONIAL CASES xix
TABLE OF CASES IN THE UNITED STATES xxxi
PART I
INTRODUCTORY 3
WHAT BOOKS ARE PROTECTED
SEC. 1. WHAT IS AN ORIGINAL BOOK 10 Definition of a Book 10 Essential Elements of a Book 11 Physical Form 11 Literary Matter 13 Originality 15 Examples of what are Books 16
SEC. 2. PUBLICATION 36 Divestitive Publication 37 Investitive Publication 38 First Publication within the British Dominions 40
SEC. 4. IMMORAL WORKS 46
SEC. 5. REGISTRATION 46 Before Action 46 The Requisite Entry 49 The Actual Title 49 The Time of First Publication 51 The Name and Place of Abode of the Publisher 52 The Name and Place of Abode of the Proprietor 52 Certificate of Registration 53 False Entries 54 Rectification of Register 54
SEC. 6. DELIVERY OF COPIES TO LIBRARIES 55
SEC. 7. DURATION OF PROTECTION 56
SEC. 8. COPYRIGHT IN LECTURES 57
THE OWNER OF THE COPYRIGHT IN BOOKS
SEC. 1. THE CROWN 59
SEC. 2. THE UNIVERSITIES 61
SEC. 4. THE EMPLOYER 66 Under Section 18 66 Scope of Section 67 Under such Employment 68 On Terms that Copyright shall belong to such Proprietor 68 Joint Employers 71 Payment 71 Author's Separate Rights 72 Employer's Rights where Section 18 does not apply 73
SEC. 5. THE ASSIGNEE 74 Before Publication 74 After Publication 77 Partial Assignment 80 Assignment distinguished from Licence 81
SEC. 6. THE LICENSEE 82
SEC. 7. THE EXECUTORS OR ADMINISTRATORS 83
SEC. 8. THE TRUSTEE IN BANKRUPTCY 83
INFRINGEMENT OF COPYRIGHT IN BOOKS
SEC. 1. PROHIBITED ACTS, AND REMEDIES 84 Causing to be Printed 85 Damages 86 Account of Profits 86 Injunction 86 Delivery up of Copies 89 Customs Act 91 Every Offence 91 Limitation of Action 91 Pleading 92 Evidence 94 Discovery 94 Mode of Trial 94 Costs 95
PERFORMING RIGHTS
SEC. 1. NATURE OF PERFORMING RIGHT 120
SEC. 2. PERFORMING RIGHT AT COMMON LAW 121
SEC. 3. WHAT IS A DRAMATIC WORK 123
SEC. 4. WHAT DRAMATIC WORKS ARE PROTECTED, AND DURATION OF PROTECTION 126
SEC. 5. WHAT IS A MUSICAL COMPOSITION 130
SEC. 6. WHAT MUSICAL WORKS ARE PROTECTED, AND DURATION OF PROTECTION 130
SEC. 7. REGISTRATION OF PERFORMING RIGHTS 131 Musical Compositions 133
SEC. 8. ASSIGNMENT OF PERFORMING RIGHTS 134
SEC. 9. INFRINGEMENT OF DRAMATIC PERFORMING RIGHTS 135 Public Performance 135 Substantial Part 138 Causing to be Represented 139 Knowledge 142 Innocent Agents 142 Licence 142
SEC. 10. INFRINGEMENT OF MUSICAL PERFORMING RIGHTS 142 Substantial Part 142 Public Performance 143 Causing to be Represented 143
SEC. 11. REMEDIES FOR INFRINGEMENT OF DRAMATIC PERFORMING RIGHTS 144
SEC. 12. REMEDIES FOR INFRINGEMENT OF MUSICAL PERFORMING RIGHTS 145
COPYRIGHT IN ENGRAVINGS
SEC. 1. WHAT WORKS ARE PROTECTED 146 What is an Original Engraving 146 Originality 147 Maps, Charts, and Plans 148 Engravings in a Book 149 Must the Engraving be made within the British Dominions 150 The Engraving must be First Published within the British Dominions 150 Date of First Publication and Proprietor's Name 151 Name of Proprietor 151 Immoral Works 152 Duration of Protection 152
SEC. 2. THE OWNER OF THE COPYRIGHT 152 The Engraver 152 The Employer 153 The Assignee 154
SEC. 3. INFRINGEMENT OF THE COPYRIGHT 155 Prohibited Acts and Remedies 155 Guilty Knowledge 156 Limitation of Action 156 Costs 156 Copying for Private Use 156 What is a Piratical Copy 156 Licence a Defence 159
COPYRIGHT IN SCULPTURE
SEC. 1. WHAT WORKS ARE PROTECTED 161 What is an Original Sculpture 161 The Sculpture must be First Published within the British Dominions 162 Publication 162 Author's Nationality 162 Proprietor's Name and Date 162 Proprietor's Name 163 Date 163 Immoral Works 163 Duration of Protection 163
SEC. 2. THE OWNER OF THE COPYRIGHT 164 The Artist 164 The Employer 164 The Assignee 164
SEC. 3. INFRINGEMENT OF THE COPYRIGHT 164 Prohibited Acts and Remedies 164 Guilty Knowledge 165 Limitation of Action 165 Copying for Private Use 165 What is a Piratical Copy 165
COPYRIGHT IN PAINTINGS, DRAWINGS, AND PHOTOGRAPHS
SEC. 1. WHAT WORKS ARE PROTECTED 167 Every Original Painting, Drawing, and Photograph 167 Originality 167 Artistic Merit 168 Publication Outside the British Dominions 168 Published 169 Nationality or Residence of Artist 170 Registration 171 The Requisite Entry 171 Name 173 Place of Abode 173 Short Description 173 Immoral Works 174 Duration of Protection 174
SEC. 2. THE OWNER OF THE COPYRIGHT 174 The "Author" 174 The Employer 175 The Assignee 176
SEC. 3. INFRINGEMENT 177 Prohibited Acts and Remedies 177 Cause or Procure 178 Innocent Agent 179 Unlawful Copy 179 Separate Offence 179 Copying for Private Use 180 Action on Breach of Contract 180 Fraudulent Acts 180 Limitation of Action 181 Evidence 181 What is a Piratical Copy 181 No Monopoly 181 What is a Copy 181 General Idea may be Taken 182 Material Part 183 Indirect Taking 184 Guilty Knowledge 184 Replicas 184 Licence a Defence 184
COLONIAL COPYRIGHT
Books 186
Artistic Works 191
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