LITERATURE, 
815 
time, to have given a mortal blow to the property and prof- 
perity of authors and bdokfellers, has, in raft, been one 
great means of increafing both. Few books are now re- 
publithed without confiderable alterations, additions, or 
annotations, by means of vvhich they become, in faff, new 
works ; and it is not worth any body’s while then to pi¬ 
rate them in their original ftate. This has proved a fpur 
to the induftry of authors, and the liberality of bookfel¬ 
lers ; and perhaps no period ever produced fo many new 
publications of acknowledged utility, as that which has 
elapfed fince the memorable decifion above alluded to ; 
which for the moment caita melancholy gloom overthofe 
who now enjoy its beneficial effects. 
In Ireland, before the union there was no ftatute to 
protect the copy-right of authors. The following is a 
general abftraft of the ftatutes relative to this interelting 
i ubjeft,and of fome points determined on theirconftruftion. 
The Britifli flat. 8 Ann. c. 19, enafts, That the author 
of any book, and his ailigns, fhall in future have the foie 
liberty of printing it for fourteen years, to commence from 
the day of the firft publifliing thereof; and if any perl'on 
within the faid time fhall print, reprint, or import, any 
fuch book, without the confent of the proprietor in writing, 
or fhall knowingly fell, publifli, or expole to fale, any fuch 
book, without fuch confent, the offender fliall forfeit the 
books and flieets to the proprietor, and alfo id. for every 
fheet found in his cuftody, either printed or printing; half 
to the crown, and half to him who will fue in any court 
at Weftminlter. § 1. No bookfeller, printer, or other per- 
for., fhall be liable to tliei'e forfeitures, unlefs the title to 
the copy of the book [the whole book and every volume 
thereof, fat. 15 Geo. III. c. 53. § 6.] fhall before fuch 
publication be entered in the regilter-book of the com¬ 
pany of ftationers, at their hall in London, and unlefs the 
confent of the proprietor be entered, paying 6d. for each 
entry; § 2. nor unlefs nine copies of each book, printed and 
publijhed as aforrfaid, be delivered to the company’s ware- 
lioufekeeper before publication; for the ule of the royal 
library in the Britifh Mufeum, the libraries of the uni- 
verfities of Oxford and Cambridge, of the four univerfi- 
ties in Scotland, of Sion College in London, and of the 
advocates at Edinburgh. § 5. and fee ftat. 15 Geo. III. c. 
53. § 6. & 41 Geo. III. c. 107. But an aftion may be 
brought, or an injunction obtained in a court of equity, 
though, the publication be not entered in the regifter of the Jlation- 
ers' company. It has been explicitl}' determined, that an au¬ 
thor, whole workis pirated before the expiration of twenty- 
eight years from the firft publication of it, may maintain 
an aCtion on the cafe for damages againlt the offending 
party, although the work was. not.entered at ftationers’ 
ball, and although it was firft publifhed without the name 
of the author affixed. 7 Term Rep. 620. In the liouf'e of 
lords, Feb. 1811, an appeal from the court of feflion in 
Scotland was proceeded in, relative to the copy-right of 
Burns’ Poems. The appellants, Meftrs. Cadell and Da¬ 
vies, and Mr. Creech of Edinburgh, had applied to the 
court of felfion for an interdict, to prevent Mr. Ro- 
bertfon, of Edinburgh, from publilhing thofe poems; and 
damages, on the ground that they pofleffed the copy-right, 
were refufed, on the ground that the work was not entered 
at ftationers’ hall. Mr. Adam was heard for the appel¬ 
lants; and, the lord chancellor having ftated the law upon 
the fubjeft to be clear, the decree of 'the court of felfion 
was ordered to be reverfed, and an interdict to be iffued. 
If the clerk of the ftationers’ company fliall negleCl to 
make due entry, or to give a certificate thereof, then, no¬ 
tice being given in the Gazette, the proprietor fliall have 
the fame benefit as if an entry were actually made; and 
the clerk fliall forfeit 20I. 8 Ann. c. 19. § 3. 41 Geo. III. 
U. K. c. 107. § 4, 5. 
The above ftat. 8 Ann. c. 19, particularly provided, by 
§ 9, that the right of the univerfities or any other perfon, 
to the printing or reprinting of any book already printed, 
ihould not be either prejudiced or confirmed. After the 
(determination of tiie cafe of Dtmaldfou y- Bpchett, the 
univerfities were fo much alarmed at the decifion, that 
they applied for and obtained an a Cl, ftat. 15 Geo. Ill, 
c. 53 ; which Retired to the~ two univerfities in England, 
the colleges or houfes of learning within the fame, the four 
univerfities in Scotland, and the colleges of Eton, Welt- 
minfter, and Winchester, a perpetuity in the copy-right of 
all books given or deviled to, or in truft for, them by the 
authors; which was functioned by the fame penalties as 
thofe contained in the ftat. 8 Ann. fo long as the books 
or copies belonging to the faid univerfities or colleges are 
printed only at their own printing-preffes, within the 
univerfities or colleges, and for their foie benefit. § 8. 
Mufical compofitions have been held to be within the 
meaning and protection of the ftatute. Cowp. 623. A fair 
and bona fide abridgment of any book, is confidered as a 
new work; and, however it may injure the fale of the ori¬ 
ginal, yet it is not deemed iii law to be a piracy, or vio¬ 
lation of the author’s copy-right. 1 Bro. C. R. 451. 2 Aik. 
141. 
By the 36141 Geo. III. c. 107. (paffed after the union 
of Great Britain and Ireland,) for the further encourage¬ 
ment of learning in the united kingdom ; it is enafted, 
that authors of books already compofed and not publifhed, 
and of books hereafter to be compofed, and their affigns, 
fhall have the foie right of printing fuch books for four¬ 
teen years from the day of firft publifiiing the fame, (and 
for fourteen years more if the author be living at the end 
of the firft fourteen years;) that bookfellers, printers, Sec. 
in any part of the united kingdom, or in any part of the 
Britifli European dominions, who fhall print, reprint, or 
import, or publifli, or expofe to fale, any fuch books 
without confent of the proprietor, fhall be liable to a fpe- 
cial aftion on the cafe for damages at the fuit of the pro¬ 
prietor, and fhall alfo forfeit all the books to the proprie¬ 
tor; and further 3d. per fheet, half to the king, and half 
to the informer. § 1. .This aft fliall not extend to books 
heretofore publifhed, nor indemnify againft penalties un¬ 
der former afts. § 2. The right of printing books given 
or bequeathed to Trinity college, Dublin, is fecured to 
that college under like penalties. § 3. Bookfellers, &c„ 
fliall not be liable to the penalty of 3d. per flieet, unlefs 
the title to the copy-right be entered before publication 
at ftationers’ hall; nor if the confent of thd'pubiifher be 
fo entered. § 4. Two additional copies of ail books en* 
tered at ftationers’ hall fliall be delivered there for the ufa 
of Trinity College and King’s Inns, Dublin. § 6. So that 
now 110 lefs than eleven copies of every work, upon the 
beft paper, mult be delivered for the ufe of the public; 3 
very enormous tax upon coftly works, and from which, 
the bookfellers are endeavouring to obtain relief by an 
application to parliament. 
It had been generally underftood, that it was not ne- 
ceffary (under the ftatute of Anne) to deliver the nine 
(now eleven) copies, unlefs the author chofe to enter his 
work at ftationers’ hall, fo as to be enabled to recover the 
penalties againft thole who might pirate it. And therefore, 
when the univerftty of Cambridge recently caine forward 
to claim the delivery of books which had not been regif- 
tered, it was refilled as an unfounded demand. That it 
was unequitable of itfelf, and oppreffive to literature, was 
ftrongly felt. The univerfity brought an aftioii for the 
non-delivery of Mr. Fox’s historical work, and the aftiori 
was defended. A fpecial cafe was made upon it for ar¬ 
gument before the court of king’s bench, in which it was 
contended, that the aft of Anne, according to its true 
fpirit and objeft, as well as according to the literal mean¬ 
ing of the words as aforejaid, enjoined the delivery of thole 
copies only, which in conformity with the preceding part 
fliould be reg’rftered. The court of king’s bench however 
determined. That the aft of Anne was to be conftrued by 
itfelf; and that this compels the delivery of copies of ail 
books, whether regiltered or not. By this decifion, the 
former opinions of the meaning of the aft of Anne have 
been invalidated ; the penalties of a ftatute above a-century 
old fiavs been iuddeuiy revived5 .and, literature.,,the orr»ai^ 
men# 
