United States Stephen Dodd Law.

Copyright and patent laws of the United States, 1790 to 1870: With notes of ... online

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renewal is a new interest 1 30 5

in books, maps, cliarts, '&c. 26 *1

in dramatic compositions 45

in photographs and negatives of 49 ♦!

newspaper or label not subject of 27 8, 9

judicial decisions not subject of 28 1 7, 18

plan of a work, when subject o^ when not 28 20, 21

Costs—

in actions as to copyrights 40 12

Courts — Supreme Court United States —

appeals or writ of error to, without regard to sum in

controversy 48

Courts— Circuit Court United States —

have original cognizance of actions as to copyrights. 24
jurisdiction of, does not depend on citizenship of

parties » 26 6

jarisdiction of, when oasts that of S'.ate courts 25 6

no new redress or relief given by act of 1 8 1 9 25 3

may grant injunctions for violations of copyrights . . 24
may grant injungiions to restrain publication of manu-
script 38 *9

equitable jurisdiction of, does not extend to penalties

and forfeitures • 25 2

if account only asked, remedy at law 25 8

INDEX TO OBSOLETE LAWS.

CoPTRiGHT OP Books, Maps, Ac-
term may be extended 15 *1

renewal term, how secured, and for how long 15 - *1

Fees —

for recording title of book , 17 ♦S

for copy of record of same 17 *3

PORPBITURES —

of book.*), &0., on sale in violation of copyright 16 *2

for every sheet in posseasiou of o£Eeuder . . « « 16 *2



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68 INDEX TO COPYRIGHT LAWS.

REFERENCES THUS (*) ARE TO SECTIONS ; OTHERWISE, TO NOTES.



Department op Interior— pagh kef.

books and publications to be under control of 47 *8

charged with duties of Department of State, as to

copyrights 47 *8

Dramatic Comhositioxs —

copyright of, covers the right to act sair e 45 *I

acting of, witliout consent, prohibited 45 * I

penalty for acting or representing same 45 *1

right of acting, when not impaired 46 *1

prior to 1866, author of, had no exclusive right to act 46 1

representation was not publication 46 2

acting, does not destroy right to take copyright 46 3

assignee of right to act, may restrain others 46 4

and tliough oniy title has been deposited 46 5

but contra as to this last position 46 8

act of 1856 alone gives redress for representing. ... 46 7

E.

Engravings, see Prints.

Equitable jurisdiction as to Copyrights —

conferred by act of 1819 24 1

where injunction not prayed, does not attach 25 8

does not extend to adjudication of forfeitures 25 2

when injunctions may issue as to copyrights 24 *1

when injunctions may issue as to manuscripts 38 *9

Extension op CJopyrights, see Renewals.

F.

Fees —

for recordhig titles of books, Ac. 31 *4

INDEX TO OBSOLETE LAWS.
Forfeitures —

of plates, of maps, prints, &a 22 *3

for every print. Ad, exposed for sale 22 *3

General Issue —

pleadable in suits as to copyrights 19 *7

special matter may be given in evidence under 19 *7

Importation op Books, &o. —

when violation of cop^Tight 16 *2

when permitted 18 ♦S

of prints, when forbidden 22 *3



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INDEX TO COPYRIGHT LAWS. 69

REFEEENOES THUS (*) ARE TO SECTIONS ; OTHERWISE, TO NOTES.

Fees— ontinued. ta^ok bef.

for copy of such record 31 *4

for recording assignments of copyrights 43 *2

FOREITURES UNDER COPYRIGHT AOTS —

of books on sale in violation of copyright 34 *6

for every sheet sold or held for sale 34 *B

of plates of maps, Ac, sold in violation of copyright. 35 *7

for ev^y map, Ac, ofiered for sale 35 ♦T



Gekeral Issue —

pleadable in all suits under copyright acts 39 *U\

special matter may be given in evidence under 39 *10



I.

Importation op Books, Ac. —

of books, when violation of copyright 34 *<5

of maps, charts, &c , when violation' of copyright. ... 35 *7

when not a violation , 37 *8

Infringement of Copyright —

printing, Ac , copy of book, when is *33 *6

penally for 33 *6

intent with which work reprinted immaterial 34-5 1, 6

extent of, not important 34 3, 5

form of infringement of, no consequence 34 2

engraving, Aa, map, chart, Ac, when is 35 *7

penalty for 35 *7

importation of books, Ac, when no infringement. ... 37 *8

acting dramatic composition, when is 45

when such acting no infringement 46

' ' \ ' . ■

INDEX TO OBSOLETE LAWS.

Ikfringemsnt op Copyright —

printing, Ac, copy of book 15 *2

penalty for 16 *2

import;ition or printing foreign books 18 *b

selling or engraving any print, Ac 22 *3

penalty for 22 *3



Manuscripts —

printing of, when forbidden 19 *6

damages for so doing 19 *6



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70 INDEX TO COPYRIGHT LAWS.



bzferenoes thus (*) abb to sbotioxs ; otherwise, to notes.

Injunctions — paok -kf.

Circuit Courts may grant, to restrain violation of

copyrights 24

on what terms and conditions 24

if not asked, equit}** jurisdiction does not attach 25 8

to restrain publication of manuscripts 38 *9

to restrain acting dramatic compositions 46 4^ 5

J.

Judicial Opinions —

not the subject of copyright 28 It, 1 8

marginal notes to, may be 28 19

El.

Labels —

not subject of copyright 27 9

Manuscripts—

printing or publishing, without author's consent,

prohibited » . . .> 38 *9

damages for so doing, and how recovered 38 *9 '

injunction to restrain publication of 38 *9

author of, has property in, at common law 38 1, 2

until lie relinquislies it 38 V

has redress independently of statute 38 3

author oi\ has same rights to, as to other property. .39 11

common law right to, not abridjfed by statute S9 12

use of, by author no al»andonnient 38 5

permission to take copies no abandonment 38 6

INDBX TO OBSOLETE LAWS.

Maps and Charts—

copyright in, who may have , 14 ♦l

copyright in, penalty for violation of. 15 *2

copyright in, how acquired IT *3

copyright in, how acquired • 18 ^4

Penalties por violation op Coptmoht —

for printing book, map, charts &c. . . 16 ^2

amount of, and how recovered '. 16 *2

for engraving prints 22 *3

amount 0^ and how recovered ....<,........ 22 *'d



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INDEX TO COPYRIGHT LAWS. Yl

BBPERENCES THUS (*) ARE TO SECTIONS ; OTHERWISE, TO NOTES.

Manuscripts — continued. paok bbf.

copies of, how may be used 38 6

publication of part of, as well as of all, prohibited. . . 38 9

Maps and Charts—

copyright in, to citizen or resident authors 26 *1

renewed term of, who may take 29 *2

copyright in, how acquired 30-1 *3 *4

violation of copyright, and penalty for 35 *7

violation of copyright, what is .', 3G 3

violation of copyright, how determined 37 4

publishing as copyrighted, when not so 39 *1 1

no copyright in the original elements or materials of 27 10, 11

copyright only in result of labors and surveys 36 1

natural objects of, open to all "... 36 2

subsequent compiler of, what may use 37 6, 6

Musical Composition, Copyrights in —

citizens or resident authors may have 26 *1

when subject of, when not 27 1 3, 14

original term of twenty-eight years 28 15

how secured 31-2 *4, 5

renewal term, who may have 29 *2

renewal term, how secured * 30 *2, 3

violation of copyright of, penalty for 35 *7

penally for marking copyrighted, when not so 39 *11



Newspaper —

not protected by copyright laws 27 8

is not a book 27 8



INDEX TO OBSOLETE LAWS.

Penalties for violation op Copyright —

for pubhshing book, &c., as copyrighted, when not so. 23 *4

amount of, and how recovered 23 *4

action for, when to be brought 23 *4

Prints and Engravings —

copyright in, who may have 21 *2

copyright in, how acquired 21 *2

copyright in, violation of, and penalty for 23 *3

copyright in, cannot be had unless embodied in visi-
ble form 22 3

copyright in, cannot be had for works designed and

produced by others 22 4



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Y2 INDEX TO COPYRIGHT LAWS.

REFERENCES THUS' (*) ARE TO SECTIONS ; OTHERWISE, TO NOTES.
P.

Penalties, violation op Copyrights — 'agk kef.

for printing copy of book without consent 34 *6

amount of, for each sheet 34 *6

how recovered aud appropriated 34 *G

actioa on case, proper f ji ji lo recover 35 c 1

incurred for every sheet sold or held for sale 35 c 2, 3

not Incurred for printing less than entire work 35 c4, 6

for printing map, chart, &c. 36 *7

amount of, for every sheet 3G *7

liow recovered and appropriated 36 ♦T

incurred on every sheet sold, or offered for sale 37 61

must be sued for within two years 37 6 2, 4

for acting dramatic composition without consent. ... 45

for printing book, Ac, as copyrighted, when not so.. 39 *11

how recovered and appropriated 39 *11

cannot be recovered in name of more than one person . 40 1

Photographs —

aud their negatives subject of copyright as prints and

engravings 49 *1

Prints and Engravings, Copteight in —

citizen or resident authors may have 26 *1

how secured 31 *4

renewed term, who may take 29 *2

renewed term, how secured ,30 *2, 3

violation of, what is 35 *7

penalty for such violation 35 *7

penalty for publishing as copyrighted, when not so. .39 *11



Renewal of Copyrights —

who entitled to receive or take ... * 29 *2

for what term allowed 29 *2

INDEX TO OBSOLETE LAWS.

Ebnewal op Copyright —

who mny have .' 16 *1

for what term pranted 16 *1

how secured 16 *i

Secretary of State —

copy of book to be deposited with 18 ^4

copy of print to be deposited with 21 *2

duties of, imposed on Secretary of Interior 47



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INDEX TO COPYRIGHT LAWS. 78

REFERENCES THUS (*) ARE TO SECTIONS ; OTHERWISE, TO NOTES.

Renewal op Copyrights— continued. page kkf

conditions upon whicli secured 30 *2, 3

within what time, conditions to be performed 30 *2, 3

statute looks to author and his family, not assignees 30 1

not in favor of assignees, unless clearly so 30 4

renewed term is a new interest 30 ^ 5

record of, to be published, how 30 *3

Reports —

no copyright in opinions of the judges 28 17, 18

may be in reporter's marginal notes 28 19



Secretary op State—

records of copyriglits and copies of books to be de-
posited with 32 *4

duties of, transferred to Secretary of Interior 47 *8

Secretary of Interior —

to have custody of records, books, Ac, relating to

copyrights 47 ♦8

charged with duties of Secretary of State as to 47 *8



Wbit op Error in Copyright suits —

from all judgments of Circuit Courts, without regard
to sum or value in controversy 48

INDEX TO OBSOLETE LAWa

Smithsonian Institution —

copies of books, Ac, to be sent to 44 *10

deposit of, not essential to copyright 44 1

no forfeiture for non-compliance 44 2

provisions as to, repealed 47 *6

Writ op Error —

when lies from judgments of Circuit Courts 24



I



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ACTS OF CONGEESS



IN BESFXCT TO



PATENTS FOR INVENTIONS.



Those marked thoB (*) are either obsolete or temporary.



PAGB

Act of n90, Chap. 7, (*) 79

1793, »* 11, (*) 84

""' " "8. (*)



1794, " 58, (*)..... 96

1800, " 26, (*) 97

1819, " 19, (*) 101



1800, " 26, (*) 97

1819, " 19, (*) 101

18H2, " 162, (♦) 102



1832, ** 203, (») 106

1836, ** 357, 106

1837, " 45, 164

J839, " 88, 170

1842, " 263, 181

1848, " 47, 185

18^19, " 108, 188

1851, " 32, 188

1852, " 107,.... 189

1862, " 108, 190

1853, »* 97, 191

1855, " 175, 192

1856, " 129, 193

1859, " 80,.... 194

1860, " 211 (*) 195

1861, ♦* 37, 196

1861, " 88, 196

1862, " 182, 207

1863, " 102, 207

1864, " 159, 209

1866, " 112, 210

1866, " U6, (*) 211

1866, " 143, 211

1867, " 17, 212

1868, " 177, 213

1868, " 227, 214

1868, Res. 77, 214

1669. Chap. 23, (♦) 214a

1869, " 121, (*mpart) 2146

1869, " 15,(*) 214d



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PATENT LAWS.



^CT OF 1790, CHAPTER 7.

1 Statutes at Laegb, 109.

[Obsolete: Repealed ly Act <?/l793, § 12.]

A I Act to promote the progress of useful arts.

Secti :)n 1. JBe it enacted by the Senate and House of
Representatives of the United States of America in Con-
gress a^&emhled^ That upon the petition of any person or
persons to the Secretary of State, the Secretary for the
department of war, and the Attorney-General of the
United States, setting forth that he, she, or they, hath
or have invented or discovered any useful art, manufac-
ture, engine, machine, or device, or any improvement
therein not before tnown or used, and praying that a
patent may be granted therefor, it shall and may be law-
ful to and for the said Secretary of State, the Secretary
for the department of war, and the Attorney-General, or
any two of them, if they shall deem the invention or dis-
covery sufficiently useful and important, to cause letters
patent to be made out in the name of the United States,
to bear testo by the President of the United States,
reciting the allegations and suggestions of the said peti-
tion, and describing the said invention or discovery,
clearly, truly, and fully, and thereupon granting to such
petitioner or jetitioners, his, hen or their heirs, admin-
istrators, or assigns for any term not exceeding fourteen
years, the sole ;.nd exclusive right and liberty of making.



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80 PATENT LAWS.



OBSOLBTB. ACT OP 1790, CHAP. Y, §§ 1, 2.

constructing, using, and vending to others to be used, the
said invention or discovery ; which letters patent shrill be
delivered to the Attorney-General of the United States
to be examined, who shall, within fifteen days next after
the delivery to him, if he shall find the same conformable
to this act, certify it to be so at the foot thereof, and
present the letters patent so certified to the President,
who shall cause the seal of the United States to be there-
to affixed, and the same shall be good and available to
the grantee or grantees by force of this act, to all and
every intent and purpose herein contained, and shall be
recorded in a book to be kept for that purpose in the
office of the Secretary of State, and delivered to the
patentee or his agent, and the delivery thereof shall be
entered on the record and indorsed on the patent by the
said Secretary at the time of granting the same.

Under this section it was held, that the allegations and su^f^stions
of the pe ition must be substantially recited in the patent, or the pat-
ent was void. Evans v. Chambers^ 2 WaslL^ 126. — Washington, J. ;
Pa., 1807.

Section 2. And he it further enacted^ That the
grantee or grantees of each patent shall, at the time of
grnnting the same, deliver to the Secretary of State a
specification in writing, containing a description, accom-
panied with drafts or models, and explanations and models
(if the nature of the invention or discovery will admit of
a model) of the thing or things, by him or them invented
or discovered, and described as aforesaid, in the said pat-
ents ; which specification shall be so particular, and said
models so exact, as not only to distinguish the invention
or discovery from other things before known and used,
but also to enable a workman or other person skilled in



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PATENT LAWS, 81

ACT OP 1Y90, CHAP. 7, §§ 3, 4. OBSOLETE.

the art or manufacture, whereof it is a branch, or where-
with it may be nearest connected, to make, construct, or
use the same, to the end that the public may have the
full benefit thereof, after the expiration of the patent
term; which specification shall be filed in the office of
the said Secretary, and certified copies thereof shall be
competent evidence in all courts and before all jurisdic-
tions, where any matter or thing, touching or concerning
such patent, right, or privilege shall come in question.

Section 3. And be it further enacted^ That upon the
application of any person to the Secretary of State, for a
copy of any such specification, and for permission to have
similar model or models made, it shall be the duty of the
Secretary to give such copy, and to permit the person so
applying for a similar model or models, to take, or -make,
or cause the same to be taken or made, at the expense of
such applicant.

Sbction 4« And he it further enacted, That if any per-
son or persons shall devise, make, construct, use, employ,
or vend, within these United States, any art, manufac-
ture, engine, machine, or device, or any invention or
improvement upon, or in any art, manufacture, engine,
machine, or device, the sole and exclusive right of which
shall be so as aforesaid granted by patent to any person
or persons, by virtue and in pursuance of this act, with-
out the consent of the patentee or patentees, their execu-
tors, administrators or assigns, first had and obtained in
writing, every person so offending shall forfeit and pay
to the said patentee or patentees, his, her, or their execu-
tors, administrators or assigns, such damages as shall be
assessed by a jury, and moreover shall forfeit to the per-
son agarrieved the thing or things so devised, made, con



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82 PATENT LAWS.



ACT OF 1790, CHAP. T, § 5.



structed, used, employed, or vended, contrary to the true
intent of this act, which may be recovered in an action
on the case founded on this act.

Section 5. And he it further enacted^ That upoh oath
or affirmation made before the judge of the district court,
where the defendant resides, that any patent which shall
be issued in pursuance of this act, was obtained surrep-
titiously by, or upon false suggestion, and motion made
to the said court, within one year after issuing the said
patent, but not afterwards, it shall and may be lawful tp
and for the judge of the said district court, if the matter
alleged shall appear to him to be sufficient, to grant a rule
that the patentee or patentees, his, her, or their executors,
administrators, or assigns, show cause why process should
not issue against him, her, or them, to repeal such pat-
ents ; and if sufficient cause shall not be shown to the
contrary, the rule shall be made absolute, and thereupon
the said judge shall order process to be issued as afore-
said, against such patentee or patentees, his, her, or their
executors, administrators, or assigns. And in case no
sufficient cause shall be shown to the contrary, or if it
shall appear that the patentee was not the first and true
inventor or discoverer, judgment shall be rendered by
such court for the repeal of such patent or patents ; and
if the party at whose complaint the process issued shall
have judgment^ given against him, he shall pay all such
costs as the defendant shall be put to in defending the
suit, to be taxed by the court, and recovered in such
manner as costs expended by defendants shall be recov-
ered in due course of law.

See notes to act of 1793, § IQ ; and also Digest Pat. Casbs. titlo
Courts, Bw a.



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PATENT LAWS.



ACT OF 1790, CHAP. T, §§ 6, T. OBSOLETE.

Section 6. And be it further enacted^ That in all ac-
tions to be brought by such patentee or patentees, Ids,
her, or their executors, administrators, or assigns, for any
penalty incurred by virtue of this act, the said patents or
specifications shall be ^rema/ac/e evidence (a), that the
said patentee or patentees was or were the first and true
inventor or inventors, discoverer or discoverers of the
thing so specified, and that the same is truly specified ;
but that nevertheless the defendant or defendants may
plead the general issue, and give this act, and any special
matter whereof notice in writing shall have been given to
the plaintiff, or his attorney, thirty days before the trial,
in evidence (6), tending to prove that the specification
filed by the plaintiff does not contain the whole of the
truth concerning his invention or discovery ; or that it
contains more than is necessary to produce the effect
described ; and if the concealment of part, or the addi-
tion of more than is necessary, shall appear to have been
intended to mislead, or shall actually mislead the public,
so as the effect described cannot be produced by the
means specified, then, and in such cases, the verdict and
judgment shall be for the defendant.

(a) Of the novelty and utility of an invention, the patent is prima
fade evidence of a very slight character. Lowell v. LetoiSy 1 Mass., 18^.
— Story, J.; Mass., 1817.

See also Digest Pat. Cases, title Patent, P. 2.

(b) As to General Issue, and notices with, see notes to act of 1793,
§ 6, and to act of 1836, § 16.

Section 7. And be it further enacted^ That such pat-
entee as aforesaid, shall, before he receives his patent,
pay the following fees to the several officers employed in
making out and perfecting the same, to wit : For receiv-
ing and filing the petition, fifty cents ; for filing specifica*



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84 PATENT LAWS.



OBSOLETE. ACT OP 1Y93, CHAP. 11, § 1.

tions, per copy-sheet containing one hundred words, ten
cents; for making out patent, two dollars; for affixing
great seal, one dollar ; for indorsing the day of delivering
the same to the patentee, including all intermediate ser-
vices, twenty cents.
Approved April 10th, 1790.



ACT OF 1793, CHAPTER 11.
1 Statutes at Labge, 318.

[Obsolete : Repealed ly Act <?/1836, § 21.]

An Act to promote the progress of useful arts, and to re-
peal the act heretofore made for that purpose.
Section 1. Be it enacted by the Senate and House of
Representatives of the United States of America in Con-
gress assembled^ That when any person or persons, being
a citizen or citizens of the United States, shall allege that
he or they have invented any new and useful art, ma-
chine, manufacture, or composition of matter, or any new
and usef\il improvement on any art, machine, manufac-
ture, or composition of matter, not known or used before
the application (a), and shall present a petition to the
Secretai-y of State, signifying a desire of obtaining an ex-
clusive property in the same, and praying that a patent
may be granted therefor, it shall and may be lawful for
the said Secretary of State to cause letters patent to be
made out in the name of the United States, bearing teste
by the President of the United States, reciting the alle-
gations and suggestions of the said petition (^), and giv-
ing a short desciiption of the said invention or discovery.



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PATENT LAWS. 85



ACT OP 1793, CHAP. 11, § 1. OBSOLETE.

and thereupon granting to such petitioner or petitioners,
his, her, or their heirs, administrators, or assigns, for a
term not exceeding fourteen years, the full and exclusive
right and liberty of making, constructing, using, and
vending to others to be used, tl^e said invention or dis-
covery, which letters patent shall be delivered to the
Attorney-General of the United States, to be examined ;
who, within fifteen days after such delivery, if he finds
the same conformable to this act, shall certify according-
ly, at the foot thereof, and return the same to the Secre-
tary of State, who shall present the letters patent, thus
certified, to be signed, and shall cause the seal of the
United States to be thereto affixed: and the same shall
be good and available to the grantee or grantees, by
force of this act, and shall be recorded in a book, to be
kept for that purpose, in the office of the Secretary of
' Siiate, and delivered to the patentee or his order.

(a) 1. This Rection is to be construed with the other parts of the act
t J mean that the discoverj should be unknown, and not used as the
invention of any other than the patentee, before the application for a
p itent. Morris v. Huntington^ 1 Paine, 353. — Thompson, J. j N. Y.,
1824.

2. This section of the act is to be construed with section 6 of the
s.iine act, and means that the first inyentor has a right to a patent,
though there may have been a knowledge of the thing invented before
the application lor a patent, if such use or knowledge was not anterior
to the discovery. Mellits v. Sllsbee, 4 Mass., 111. — Story, J. ; Mass.,
1825. Goodyear v Matthews, 1 Paine, 301. — LIyING^ST0N, J. ; Ct.,
1814. Treadwdl v. Bladen, 4 Wash., 707, 708.— Washington, J.; Pa.,
1827. Contra, Whitney v. Emmett, Bald., 309. — Baldwin, J.; Pa.,
1831. Thompson v. ffaight, 1 U. S. Law Jour., 573. — Van Ness, J. ;
N. Y., 1822.

3. Tlie meaning of the words " not known or used," &c, in this sec-
tion, is that the invention must not have been known or used by" the
PUBLIC before the application. Fennock v. Dialojue^ 2 Pet., 19. — Stoet,
J. ; Sup. Ct., 1829.

4. Tug patent act of 1790 used the words " not known or used be-


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