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1 definition found
 for COPYRIGHT
From Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  COPYRIGHT. The property which has been secured to the author of a book, map, 
  chart, or musical composition, print, cut or engraving, for a limited time, 
  by the constitution and laws of the United States. Lord Mansfield defines 
  copy, or as it is now termed copyright, as follows: I use the word copy in 
  the technical sense in which that name or term has been used for ages, to 
  signify an incorporeal right to the sole printing and publishing of 
  something intellectual, communicated by letters. 4 Burr. 3296; Merl. Repert. 
  mot Contrefacon. 
       2. This subject will be considered by taking a view of, 1. The 
  legislation of the United States. 2. Of the persons entitled to a copyright. 
  3. For what it is granted. 4. Nature of the right. 5. Its duration. 6. 
  Proceedings to obtain Such right. 7. Requisites after the grant. 8. 
  Remedies. 9. Former grants. 
       3.-1. The legislation of the United States. The Constitution of the 
  United States, art. 1, s. 8, gives power 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. In pursuance of this constitutional authority, congress passed 
  the act of May 31, 1790; 1 Story's L. U. S. 94, and the act of April 29, 
  1802, 2 Story's L. U. S. 866, but now repealed by the act of February 3, 
  1831, 4 Shars. Cont. of Story, 2221, saving, always such rights as may have 
  been obtained in conformity to their provision. By this last mentioned act, 
  entitled "An act to amend the several acts respecting copyrights," the 
  subject is now regulated. 
       4.-2. Of the persons entitled to a copyright. Any person or persons, 
  being a citizen or citizens of the United States, or resident therein, who 
  is the author or authors of any book or books, map, chart, or musical 
  composition, or who has designed, etched, engraved, worked, or caused to be 
  engraved, etched or worked from his own design, any print or engraving, and 
  the executors, administrators, or legal representatives of such person or 
  persons. Sect. 1, and sect. 8. 
       5.-3. For what work the copyright is granted. The copyright is 
  granted for any book or books, map, chart, or musical composition, which may 
  be now, (February 3, 1831, the date of the act,) made or composed, and not 
  printed or published, or shall hereafter be made or composed, or any print 
  or engraving, which the author has invented, designed, etched, engraved or 
  worked, or caused to be engraved, etched or worked from his own design. 
  Sect. 1. 
       6.-4. Nature of the right. The person or persons to whom a copyright 
  has been lawfully granted, have the sole right and liberty of printing, 
  reprinting, publishing and vending such book or books, map, chart, musical 
  composition, print, out or engraving, in whole or in part. Sect. 1. 
       7.-5. Duration of the copyright. The right extends for the term of 
  twenty-eight Years from the time of recording the title of the book, &c., in 
  the office of the clerk of the court, as directed by law. Sect. 1. 
       8. But this time may be extended by the following provisions of the 
  act. 
       9. Sect. 2. If, at the expiration of the aforesaid term of years, such 
  author, inventor, designer, engraver, or any of them, where the work had 
  been originally composed and made by wore 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 copyrights, be 
  complied with in respect to such renewed copyright, and that within six 
  months before the expiration of the first term. 
      10. Sect. 3. In all cases of renewal of copyright under this act, such 
  author or proprietor shall, within 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. 
      11.-Sect. 16. Whenever a copyright 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 tune 
  which shall have elapsed from the first entry of such copyright, make up the 
  term of twenty-eight years, with the same right to his widow, child, or 
  children, to renew the copyright, at the expiration thereof, as is provided 
  in relation to copyrights 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 
  copyright, 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 copyright 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 copyrights originally secured under this act. 
      12.-6. Proceedings to obtain a copyright. No person shall be entitled 
  to the benefit of this act, unless he shall, before publication, deposit a 
  printed copy of the title of such book, or books, map, chart, musical 
  composition, print, out, 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 
  therein forthwith, in a book to be 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 _____ day of ______ Anno 
  Domini, A. B. of the said district, hath deposited 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 copyrights.' C. D. clerk of the district." For which record, the 
  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. The act to establish the 
  Smithsonian Institution, for the increase and diffusion of knowledge among 
  men, enacts, section 10, that the author or proprietor of any book, map, 
  chart, musical composition, print, cut, or engraving, for, which a copyright 
  shall be secured under the existing acts of congress, or those 'which shall 
  hereafter be enacted respecting copyrights, shall, within three months from 
  the publication of said book, etc., deliver or cause to be delivered, one 
  copy of the same to the librarian of the Smithsonian Institution, and one 
  copy to the librarian, of Congress Library, for the use of the said 
  libraries. 
      13.- 7. Requisites after the grant. No person shall be entitled to the 
  benefit of this act, unless he shall give information of copyright 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 office of the 
  district court of ___________________" (as the case may be.) 
      14. 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 of the clerk of each district 
  court, at least once in every year, to transmit a certified list of all such 
  records of copyright, including 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. 
      15.-8. The remedies may be considered with regard, 1. To the penalties 
  which may be incurred. 2. The issue in actions under this act. 3. The costs. 
  4. The limitation. 
      16.-1. The penalties imposed by this act relate, first, to the 
  violation of the copyright of books secondly, the violation of the copyright 
  of prints, outs or engravings, maps, charts, or musical compositions 
  thirdly, the printing or publishing of any manuscripts without the consent 
  of the author or legal proprietor; fourthly, for inserting in any book, &c., 
  that the copyright has been secured contrary to truth. 
      17.-First. If any other person or persons, 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 copyright 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 copyright 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 for the intent 
  of this act; the one moiety thereof to such legal owner of the copyright 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. 
      18.-Secondly. If any person or persons, after the recording the title 
  of any print, cut or engraving, map, chart, or musical composition, 
  according to the provisions of this 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, print, cut, or 
  engraving, or any parts thereof, without the consent of the proprietor or 
  proprietors of the copyright thereof, first obtained in writing, signed in 
  the presense of two credible witnesses; or, knowing the same to be so 
  printed or imported, without such consent, shall publish, sell, or expose to 
  sale, or in any manner dispose of any such map, chart, musical composition, 
  engraving, cut, or print, without such consent, as foresaid; then such 
  offenders shall forfeit the plate or plates on which such map, chart, 
  musical composition, engraving, cut, or print, shall be copied, and also all 
  and every sheet thereof so copied or printed, as aforesaid, to the 
  proprietor or proprietors of the copyright thereof; and shall further 
  forfeit one dollar for every sheet of such map, chart, musical composition, 
  print, cut, or engraving, which may be found in his or their possession, 
  printed or published, or exposed to sale, contrary to the true intent and 
  meaning of this act; the one moiety thereof to the proprietor or 
  proprietors, and the other moiety to the use of the United States, to be 
  recovered in any court having competent jurisdiction thereof. 
      19. Nothing in this act shall be construed to extend to prohibit the 
  importation or vending, printing or publishing, of any map, chart, book, 
  musical composition, print, or engraving, written, composed, or made by any 
  person not being a citizen of the United States, nor resident within the 
  jurisdiction thereof. 
      20. Thirdly. Any person or persons, who shall print or publish any 
  manuscript whatever, without the consent of the author or legal proprietor 
  first obtained as aforesaid, (if such author or proprietor be a citizen of 
  the United States, or resident therein,) shall be liable to suffer and pay 
  to the 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 hereby empowered to grant injunctions, in like 
  manner, according to the principles of equity, to restrain such publication 
  of any manuscript, as aforesaid. 
      21.-Fourthly. 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 copyright 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 leaving cognizance 
  thereof. 
      22.-2. The issue. If any person or persons shall be sued or 
  prosecuted, for any matter, act or thing done under or by virtue of this 
  act, he or they may plead the general issue, and give the special matter in 
  evidence. 
      23.-3. The costs. In all recoveries under this act, either for 
  damages, forfeitures, or penalties, full costs shall be allowed thereon, 
  anything in any former act to the contrary notwithstanding. 
      24.-4. The limitation of actions is regulated as follows. 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. 
      25.-9. Former grants. All and several the provisions of this act, 
  intended for the protection and security of. copyrights, and providing 
  remedies, penalties, and forfeitures in case of violation thereof, shall be 
  held and construed to extend to the benefit of the legal proprietor or 
  proprietors of each and every copyright heretofore obtained, according to 
  law, during the term thereof, in the same manner as if such copyright had 
  been entered and secured according to the directions of this act. And by the 
  16th section it is provided that this act shall not extend to any copyright 
  heretofore secured, the term of which has already expired. 
      26. Copyrights are secured in most countries of Europe. In Great 
  Britain, an author has a copyright in his work absolutely for twenty-eight 
  years, and if he be living at the end of that period, for the residue of his 
  life. In France, the copyright of an author extends to twenty years after 
  his death. In most, if not in all the German states, it is perpetual; it 
  extends only over the state in which it is granted. In Russia, the right of 
  an author or translator continues during his life, and his heirs enjoy the 
  privilege twenty-five years afterwards. No manuscript or printed work of an 
  author can be sold for his debts. 2 Am. Jur. 253, 4. Vide, generally, 2 Am. 
  Jur. 248; 10 Am. Jur. 62; 1 Law Intell. 66; and the articles Literary 
  property; Manuscript. 
  
  

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