209 



COPYRIGHT. 



CORAL FISHERY. 



210 



queen's printers are now patentees. Other persons may however print 

 this translation, provided it be accompanied with bond fide notes 

 (2 Burr. 661). Many other copyrights formerly vested in the crown 

 are now quite obsolete, such as those of almanacs, law-books, and Latin 

 grammars. The crown has a prerogative copyright in the liturgy and 

 other services of the Church, in proclamations, orders in council, and 

 other state papers, and in the statutes. It has been decided that the 

 University of Cambridge shares by letters patent in the crown's pre- 

 rogative of printing Acts of Parliament. The House of Lords also 

 exercises an exclusive privilege, somewhat fallen into disuse, of 

 publishing its own proceedings aa the supreme court of judicature. 



The usual modes of legal proceeding to prevent or punish the 

 infringement of copyright, or, as it is more usually termed, piracy, are 

 by action for damages, or for the penalties given by the statute ; or 

 more commonly still, by obtaining an injunction in equity to prohibit 

 the unlawful publication, which affords immediate and summary 

 redress. This is always granted where the legal title of the plaintiff to 

 the work is made out, and the identity of the pirated publication with 

 his own shown to the satisfaction of the court. The proof even of an 

 equitable title has been held sufficient to qualify him for this remedy. 

 (Mawman r. Tegg, 2 Russ. 385.) Neither will the court be restrained 

 from granting the injunction, by proof that the matter pirated forms 

 only a part of the publication complained of, and that what is original 

 will be rendered useless to the defendant and the public by prohibiting 

 its sale. But as this mode of proceeding presses very severely upon 

 defendants, and often inflicts irreparable injury, the court, where any 

 doubt attaches, will either refuse the injunction altogether, or grant it 

 only on condition of the plaintiff's bringing an action immediately, to 

 have the merits of the case decided by a jury with the smallest possible 

 delay. 



A notice of the law of copyright would be incomplete which did not 

 advert to some other compositions which receive from statute a pro- 

 tection analogous to that of literature. Such are engravings, etchings, 

 and prints, maps and charts, and sculpture of all kinds. These 

 resemble written works as regards the incorporeal right in them 

 accruing to the author by the exertion of his mental powers in their 

 production, but differ, as they also require a good deal of his manual 

 skill and labour, and are therefore his property upon the same general 

 principles as any other manufacture. Such productions therefore are 

 even more plainly entitled to the protection of the law than books. 



The chief statutes affecting the copyright in works of design, 

 engraving, and etching, are the 8 George II. c. 13, which vest it in 

 the inventor, designer, and proprietor, for fourteen years from the first 

 publication, and enforces this provision against any person pirating the 

 same by forfeiture of the plate and prints, and a fine of five shillings 

 for each print, to be recovered by action within three months of the 

 discovery of the offence. The 7 George III. c. 38, extends the term of 

 copyright to twenty-eight years ; and, in addition to the subjects of 

 the former statute, includes maps, charts, and plans, under the same 

 conditions. It also extends the time of bringing an action for the 

 penalties to six months. The 17 George III. c. 57, gives the owner of 

 the copyright a further remedy of action for damages and double costs 

 within the same limits of time. The 6 & 7 Will. IV. extends the 

 provisions of these Acts to Ireland. The 15 & 16 Viet. c. 12, brings 

 lithographs or impressions taken by other means of indefinite mul- 

 tiplication within the provisions of the preceding Acts. 



With regard to models, casts, and other sculptures, the 38 George III. 

 c. 71 vests the right and property in these for fourteen years in the 

 proprietor, and gives him a special action on the case against the 

 offender, if brought within six months. These provisions were ren- 

 dered more effectual by 54 George III. c. 56, by which double cost* 

 were given, and an additional term of fourteen years superadded in 

 case the maker should be living at the end of the first term. 



As to sculpture certainly, but more doubtfully as to prints, for there 

 have been conflicting decisions on the point, the work must bear upon 

 it the name of the maker and the date of publication to entitle it to 

 the protection of the law. 



By the Designs Act, 1850 (13 & 14 Viet. c. 104), provision is made 

 for the registration of productions of sculpture, casts, models, and 

 the like. 



With regard to designs for manufactured articles, the 27 Geo. III. 

 c. 38, continued by 29 Geo. III. c. 19, and confirmed and made per- 

 petual by 34 Geo. III. c. 23, gave the sole right of using a new pattern 

 in the printing of linens, cottons, calicoes, and muslins for three months ; 

 and the 2 Viet. c. 13 extended this privilege to designs for printing 

 other woven fabrics besides calicoes. The 2 Viet. c. 17 regulated copy- 

 right of designs in all articles except lace, and the articles to which the 

 mentioned Acts apply. But all these statutes were repealed by 

 thu 5 & 6 Viet c. 100 (amended by 6 & 7 Viet. c. 65), which consider- 

 ably extended the periods of copyright ill designs. 



This Act distributes articles to which designs may be applied into 

 twelve classes : 



1. Article* of manufacture composed wholly or chiefly of any metal 

 or mixed metals. 



2. Articles of manufacture composed wholly or chiefly of wood. 



3. Articles of manufacture composed wholly or chiefly of glass. 



4. Articles of manufacture composed wholly or chiefly of earthen- 

 ware. 



ARTS AXD SCL DIV. VOL. III. 



5. Paper-hangings. 



6. Carpets. 



7. Shawls, where the design is applied solely by printing, or by any 

 other process by which colours are or may hereafter be produced upon 

 tissue or textile fabrics. 



8. Shawls not comprised in class 7. 



9. Yarn, thread, or warp, the design being applied by printing, or by 

 any other process by which colours are or may hereafter be produced. 



10. Woven fabrics, composed of linen, cotton, wool, silk, or hair, or 

 of any two or more of such materials, if the design be applied by 

 printing, or by any other process by which colours are or may hereafter 

 be produced upon tissue or textile fabrics ; except the articles included 

 in class 11. 



11. Woven fabrics composed of linen, cotton, wool, silk, or hair, or 

 of any two or more of such materials, if the design be applied by 

 printing, or by any other process by which colours are or may hereafter 

 be produced upon tissue or textile fabrics, such woven fabrics being or 

 coming within the description technically called furnitures, and the 

 repeat of the design whereof shall be more than twelve inches by eight 

 inches. 



12. Woven fabrics not comprised iu any preceding class. 



13. Lace, and any article of manufacture or substance not comprised 

 in any preceding class. 



The Act gives to the proprietor of a design not previously published 

 the sole right of applying it to ornamenting articles of the first, second, 

 third, fourth, fifth, sixth, eighth, and eleventh classes, for three years ; 

 to articles of the seventh, ninth, and tenth, for nine months ; and to 

 articles of the twelfth and thirteenth classes for twelve months; 

 whether such design be applicable for the pattern, or for the shape and 

 configuration, or for the ornament of the articles, or for any two or 

 more such purposes, and by whatever means the design may be 

 applicable, whether by printing, or by painting, or by embroidery, or 

 by weaving, or by sewing, or by modelling, or by casting, or by emboss- 

 ing, or by engraving, or by staining, or by any other means whatsoever, 

 manual, mechanical, or chemical, separate, or combined. The benefits 

 of copyright of designs are made to depend on registration before 

 publication. Piracy is punished by a penalty of not less than 5/. nor 

 more than 30J., to be paid to the proprietor of the design, and to be 

 recovered by an action of debt or for damages, or by summary pro- 

 ceeding before two justices. 



The law of patents in many respects resembles that of copyright. 

 [PATENT.] 



The Act " for preventing the publication of lectures without consent " 

 (5 & 6 Wm. IV. c. 65) gives to authors of lectures the sole right and 

 liberty of printing and publishing the same, and imposes a penalty on 

 other persons, including printers and publishers of newspapers, who 

 shall print, or publish, or sell them without the author's leave. The 

 Act does not extend to lectures of the delivering of which notice in 

 writing shall not have been given to two justices, living within five 

 miles of the place, two days at least before their delivery, or to any 

 lecture delivered in any university, or public school or college, or any 

 public foundation, or by individuals in virtue of any gift, endowment, 

 or foundation. The Act does not extend to sermons. 



COR CA'ROLI, a name given by Halley to the star of the third 

 (or 24) magnitude in Canes Venatici, in memory of Charles I. It is 

 situated on the neck of the lower dog, and, when figured, has a heart 

 surmounted by a crown. The name is not much in use among 

 astronomers. 



COR LEONIS. [REGULUS.] 



CORAL FISHERY. Coral (for a zoological account of which see 

 POLYPIABIA, in NAT. HIST. DIV., and other articles there referred to) is 

 a marine production so nearly resembling some plants in appearance, 

 that it is has been supposed to belong to the vegetable kingdom, 

 although it is now known to consist of the cells or habitations of 

 minute animals, so built upon one another as to produce a branched 

 tree-like structure, often very beautiful in form and colour, and ex- 

 ceedingly hard. Being much sought after, especially by the natives of 

 India, for ornamental purposes, coral, iu those places in which it is 

 found of good quality, forms an important article of commerce. Coral 

 was known to the ancients under the name curullium, or Kopd\\iov, and 

 as is shown by Pliny's description, they erroneously supposed it to be 

 soft while in the sea, and to harden by contact with the air, or by 

 touching with the hand. (Holland's translation of Pliny's ' Natural 

 History,' book xxxii. vol. ii. p. 429.) It is found abundantly in 

 various parts of the Mediterranean Sea, in the Red Sea, the Persian 

 Gulf, and several other places, in which the coral fishery forms the 

 laborious and dangerous occupation of a large class of men. A full 

 account of the coral fishery in the Straits of Messina is given in the 

 fourth volume of Spallanzani's ' Travels in the two Sicilies ' (English 

 translation, 1798, pp. 306-329), from which it appears that the rocks 

 which yield coral are situated in the middle of the strait, and that the 

 parts from which it is taken vary from about 350 to 650 feet below the 

 surface of the water. The coral here grows to about the height or length 

 of twelve inches, and requires eight or ten years to come to perfection. 

 The fishing-ground is therefore divided into several portions, from 

 each of which the coral is removed only once in ten years. When 

 taken at shorter intervals the coral is of smaller size, but it does not 

 appear that it materially increases in length if left for a longer period, 



p 



