two years 1821. 2141. 2158. entitled "An act to aid the State of Ohio in extending the Miami from May 14, Canal from Dayton to Lake Erie, and to grant a quantity of land to the said State to aid in the construction of the canals authorised by law, and for making donations of land to certain persons *Act of 1828, in Arkansas territory ;"* and the provisions of the act, entitled c. 110, ante, p. "An act restricting the location of certain land claims in the territory of Arkansas, and for other purposes," approved sixth +Act of 1829, January, one thousand eight hundred and twenty-nine ;t and, also, 6. 163, ante, P. the provisions of the act, entitled "An act to extend the time for locating certain donations in Arkansas," approved thirteenth #Act of 1830, January, one thousand eight hundred and thirty, be, and the same are hereby, continued in force for the period of two years, from the twenty-fourth May, one thousand eight hundred and thirty-one: Provided, That nothing in this act, or the foregoing acts, shall be so construed as to prevent the President of the United States from bringing the said lands in Arkansas into market under the existing laws; and all claims to donations under the before recited act, which shall not have been presented and allowed by the proper authorities on or before the day which shall be fixed on by the President for the sale of said land, are hereby declared forfeited to the United States. [Approved, January 27, 1831.] c. 3, ante. p. 2177. Proviso. Act of 1812, c. 99, vol. 2. p. 1257. U. S. relinquish certain lots. U. S. relin. quish all right, &c. in Missouri. CHAP. 248. An act further supplemental to the act entitled "an act making further provisions for settling the claims to land, in the Territory of Missouri," passed the thirteenth day of June, one thousand eight hundred and twelve. § 1. Be it enacted, &c. That the United Sstates do hereby relinquish to the inhabitants of the several towns or villages of Portage des Sioux, Saint Charles, Saint Louis, Saint Ferdinand, Villa a Robert, Carondelet, Saint Genevieve, New Madrid, New Bourbon, and Little Prairie, in the State of Missouri, all the right, title, and interest of the United States in and to the town or village lots, out lots, common field lots, and commons in, adjoining and belonging to, the said towns or villages, confirmed to them respectively, by the first section of the act of Congress, entitled, " An act making further provisions for settling the claims to land in the Territory of Missouri," passed the thirteenth day of June, one thousand eight hundred and twelve, to be held by the inhabitants of the said towns and villages, in full property, according to their several rights therein, to be regulated or disposed of for the use of the inhabitants, according to the laws of the State of Missouri. § 2. And be it further enacted, That the United States do hereby relinquish all their right, title, and interest, in and to the town and village lots, out lots, and common field lots, in the State of Missouri, reserved for the support of schools, in the respective towns and villages aforesaid, by the second section of the above recited act of Congress; and that the same shall be sold or disposed of, or regulated for the same purposes, in such manner, as may be directed by the legislature of said state. [Approved, January 27, 1831.] 1831.. CHAP. 252. CHAP. 252. An act to amend the several acts respecting copy-rights. may ecutors, &c. § 1. Be it enacted, &c. That from and after the passing of this Authors of act, any person or persons, being a citizen or citizens of the Uni- books, &c. ted States, or resident therein, who shall be the author or authors and their exof any book or books, map, chart, or musical composition, which to have sole be now made or composed, and not printed and published, right for 28 or shall hereafter be made or composed, or who shall invent, years. design, etch, engrave, work, or cause to be engraved, etched, or worked from his own design, any print or engraving, and the executors, administrators, or legal assigns of such person or persons, shall have the sole right and liberty of printing, reprinting, publishing, and vending such book or books, map, chart, musical composition, print, cut, or engraving, in whole or in part, for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed. 14 years. §2. And be it further enacted, That if, at the expiration of Renewal of the aforesaid term of years, such author, inventor, designer, privilege for engraver, or any of them, where the work had been originally composed and made by more than one person, be still living, and a citizen or citizens of the United States, or resident therein, or being dead, shall have left a widow, or child, or children, either or all then living, the same exclusive right shall be continued to such author, designer, or engraver, or, if dead, then to such widow and child, or children, for the further term of fourteen years: Provided, That the title of the work so secured shall be a second time recorded, and all such other regulations as are herein required in regard to original copy-rights, be complied with in respect to such renewed copy-right, and that within six months before the expiration of the first term. Conditions. §3. And be it further enacted, That in all cases of renewal of Publication of copy-right under this act, such author or proprietor shall, within renewal. two months from the date of said renewal, cause a copy of the record thereof to be published in one or more of the newspapers printed in the United States, for the space of four weeks. ed. ed. § 4. And be it further enacted, That no person shall be entitled Copy of title to the benefit of this act, unless he shall, before publication, depo- to be depositsit a printed copy of the title of such book, or books, map, chart, musical composition, print, cut, or engraving, in the clerk's office of the district court of the district wherein the author or proprietor shall reside, and the clerk of such court is hereby directed and required to record the same thereof forthwith, in a book to To be recordbe kept for that purpose, in the words following (giving a copy of the title under the seal of the court, to the said author or proprietor, whenever he shall require the same ;)" District of to wit: Be it remembered, that on the A. B. of the said district, hath deposited cord. anno domini, in this office the title of a book, (map, chart, or otherwise as the case may be,) the title of which is in the words following, to wit: (here insert the title;) the right whereof he claims as author, (or proprietor as the case may be ;) in conformity with an act of Congress, entitled 'An act to amend the several acts respecting copy-rights.' C. D. clerk of the district." For which record, the day of Form of re Fee. Copy of work to be deposited. clerk shall be entitled to receive, from the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually given to such person or his assigns. And the author or proprietor of any such book, map, chart, musical composition, print, cut, or engraving, shall, within three months from the publication of said book, map, chart, musical composition, print, cut, or engraving, deliver or cause to be delivered a copy of the same to the clerk of said district. And it shall be the duty List of works of the clerk of each district court, at least once in every year, to and copies to transmit a certified list of all such records of copy-right, includbe transmiting the titles so recorded, and the date of record, and also all the several copies of books or other works deposited in his office according to this act, to the secretary of state, to be preserved in his office. ted to ry of state. Notice of co § 5. And be it further enacted, That no person shall be entitled to py-right to be the benefit of this act, unless he shall give information of copy-right printed, &c. being secured, by causing to be inserted, in the several copies of each and every edition published during the term secured on the title page, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut, or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music, or engravings, upon the title or frontispiece thereof, the following words, viz: "Entered according to act of Congress, in the year by A. B., in the clerk's (as the case may to books. office of the district court of Infringement § 6. And be it further enacted, That if any other person or perof copy-right sons, from and after recording the title of any book or books, according to this act, shall, within the term or terms herein limited, print, publish, or import, or cause to be printed, published, or imported, any copy of such book, or books, without the consent of the person legally entitled to the copy-right thereof, first had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book, without such consent in writing; then such offender, shall forfeit every copy of such book to the person legally, at the time, entitled to the copy-right thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, either printed or printing, published, imported, or exposed to sale, contrary to the intent of this act, the one moiety thereof to such legal owner of the copy-right as aforesaid, and the other to the use of the United States, to be recovered by action of debt, in any court having competent jurisdiction thereof. Penalty. Infringement $7. And be it further enacted, That, if any person or persons, of copy-right after the recording the title of any print, cut, or engraving, map, to prints, chart, or musical composition, according to the provisions of this maps, &c. act, shall, within the term or terms limited by this act, engrave, etch, or work, sell, or copy, or cause to be engraved, etched, worked, or sold, or copied, either on the whole, or by varying, adding to, or diminishing the main design, with intent to evade the law, or shall print or import for sale, or cause to be printed or imported for sale, any such map, chart, musical composition, izens or resi § 8. And be it further enacted, That nothing in this act Privilege reshall be construed to extend to prohibit the importation or vending, stricted to cit. printing, or publishing, of any map, chart, book, musical compo- dents. sition, print or engraving, written, composed, or made, by any person not being a citizen of the United States, nor resident within the jurisdiction thereof. out consent, § 9. And be it further enacted, That any person or persons, Publication who shall print or publish any manuscript whatever without the of manuconsent of the author or legal proprietor first obtained as afore- scripts withsaid, (if such author or proprietor be a citizen of the United &c. States, or resident therein,) shall be liable to suffer and pay to the Remedy. author or proprietor, all damages occasioned by such injury, to be recovered by a special action on the case founded upon this act in any court having cognizance thereof; and the several courts of the United States empowered to grant injunctions to prevent the violation of the rights of authors and inventors, are to prevent. hereby empowered to grant injunctions, in like manner, according to the principles of equity, to restrain such publication of any manuscript as aforesaid. Injunctions ed. § 10. And be it further enacted, That, if any person or persons General issue shall be sued or prosecuted, for any matter, act, or thing done may be pleadunder or by virtue of this act, he or they may plead the general issue, and give the special matter in evidence. § 11. And be it further enacted, That, if any person or persons, from and after the passing of this act, shall print or publish any book, map, chart, musical composition, print, cut, or engraving, not having legally acquired the copy-right thereof, and shall insert or impress that the same hath been entered according to act of Congress, or words purporting the same, every person so offending shall forfeit and pay one hundred dollars; one moiety thereof to the person who shall sue for the same, and the other to the use of the United States, to be recovered by action of debt, in any court of record having cognizance thereof. False entry of copy-right. Penalty. Costs. Limitation of action. Certain acts Act of 1790, c. 36, vol. 2, p. 865. Provisions of § 12. And be it further enacted, That, in all recoveries under this act, either for damages, forfeitures, or penalties, full costs shall be allowed thereon, any thing in any former act to the contrary notwithstanding. §13. And be it further enacted, That no action or prosecution shall be maintained in any case of forfeiture or penalty under this act, unless the same shall have been commenced within two years after the cause of action shall have arisen. § 14. And be it further enacted, That the " Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned," passed May thirty-first, one thousand seven hundred and ninety, and the act supplementary thereto, passed April twenty-ninth, one thousand eight hundred and two, shall be, and the same are hereby, repealed: saving, always, such rights as may have been obtained in conformity to their provisions. § 15. And be it further enacted, That all and several the prothis act for se- visions of this act, intended for the protection and security of curity of copy-rights, &c. Copy-rights, and providing remedies, penalties, and forfeitures, in to extend to case of violation thereof, shall be held and construed to extend existing copy- to the benefit of the legal proprietor or proprietors of each and rights. Extension of existing copy-rights. Proviso: every copy-right heretofore obtained, according to law, during the term thereof, in the same manner as if such copy-right had been entered and secured according to the directions of this act. § 16. And be it further enacted, That, whenever a copy-right has been heretofore obtained by an author or authors, inventor, designer, or engraver, of any book, map, chart, print, cut, or engraving, or by a proprietor of the same; if such author or authors, or either of them, such inventor, designer, or engraver, be living at the passage of this act, then such author or authors, or the survivor of them, such inventor, engraver, or designer, shall continue to have the same exclusive right to his book, chart, map, print, cut or engraving, with the benefit of each and all the provisions of this act, for the security thereof, for such additional period of time as will, together with the time which shall have elapsed from the first entry of such copy-right, make up the term of twenty-eight years, with the same right to his widow, child, or children, to renew the copy-right, at the expiration thereof, as is above provided in relation to copy-rights originally secured under this act. And if such author or authors, inventor, designer, or engraver, shall not be living at the passage of this act, then, his or their heirs, executors and administrators, shall be entitled to the like exclusive enjoyment of said copy-right, with the benefit of each and all, the provisions of this act for the security thereof, for the period of twenty-eight years from the first entry of said copy-right, with the like privilege of renewal to the widow, child, or children, of author or authors, designer, inventor, or engraver, as is provided in relation to copy-rights originally secured under this act: Provided, That this act shall not extend to any copy-right heretofore secured, the term of which has already expired. [Approved, February 3, 1831.] |