Society and the Almshouse Society in one institution under the new corporation; and if this be accomplished, printers will have an institution of which any trade or profession might justly be proud. The increased powers of holding property in its charitable trust, which the corporation now has under its Charter, will of a certainty be met by increased and increasing gifts with which to carry out its benevolent intentions.

The first election under the Charter will take place on the 6th March, at the London Tavern, and on that day the benefits resulting from the gift of the late Henry Stephenson, Esq., of Sheffield, will for the first time be administered.

I had intended merely to have announced to you the fact of the granting of the Charter of Incorporation, but I have difficulty in being brief upon this, to me, interesting subject.

Though from my position as secretary to the corporation I am able to give reliable information, yet, as I have not the express authority of the committee-now "Council "-for my letter, you must please accept this letter as unofficial, and allow me to subscribe myself, Yours, &c.,

J. S. HODSON, jun.

THE LAW OF COPYRIGHT.

As it is universally admitted that the various laws for the protection of literary and artistic property require consolidation and amendment, we believe that we shall be doing good service both to the trade and to authors if we bring together information or opinions bearing upon the subject. The English law of copyright in books is tolerably clear, but the international branch of the subject is not so well defined; while the part relating to works of art is most obscure of all. With regard to the trade in photographs again there has been considerable discussion, and in any new law, while proper protection must be given to the proprietors of engravings, retailers must be left in no doubt as to their liabilities. A society of wholesale dealers in photographs has already been formed for the purpose of protecting dealers who may be threatened with legal proceedings, and in order to quiet the minds of their customers, the Committee has issued a little pamphlet from which we extract the following portions, which will be useful as information, and will also serve to show how faulty the present law is :

"In 1735, William Hogarth obtained an Act of Parliament (8 Geo. II. c. 13) giving him copyright in his original engravings for the space of fourteen years from their first issue. If any one copied those engravings (or wilfully sold pirated copies of them), he was to pay a penalty of 5s. for every piratical copy possessed, and give up for destruction the piratical plate. But action for recovery of such penalties was required to be brought within three months of discovery of the piracy.

"That Act, however, only afforded protection to works whose designer and publisher were one and the same person: it was ineffective in cases where one person designed or engraved, and another published. Therefore, in 1767 another act was passed (7 Geo. III. c. 38), extending copyright to printsellers or others who should employ designers to work for them; it also extended the period of copyright from fourteen to twenty-eight years, and added full costs of suit to the penalties previously enacted. The period in which to bring action for penalties was

also extended from three to six months after discovery of the piracy.

"In 1777, an Act (17 Geo. III. c. 57) recited that sufficient protection to copyright did not exist, and enacted that double costs of suit (instead of single) should be given, with such additional damages as a jury might award in cases of piracy. The necessity of proving wilful knowledge against a seller of piracies was omitted; and the fact of sale, whether in ignorance or otherwise, was stated as sufficient to incur the increased penalty.

"In 1836, the provisions of these Acts were extended to Ireland; and, in 1852, to French prints published here. But such French prints must be registered at Stationers' Hall within three months of their first publication in France, in order to establish their claim; and, being then under the protection of British law, must comply with all the regulations binding on an English print.

"The foregoing five acts are all the legislation that exists upon the subject of engravings; and action can be taken only on them. Even if an Injunction in Chancery, to restrain piracies, be applied for, it can only be based on the possession of copyright as delineated in these acts. But since the establishment of County Courts, action for damages may be brought in them instead of a superior court, provided the claim be for not more than £50.

It

"The act which includes lithographs (for penal purposes) with engravings, also includes 'prints taken by any other mechanical process.' was argued in Gambart v. Ball that photographs are not taken by mechanical process,' and so are not included within the meaning of the acts. But the plea was overruled, and photographs are, therefore, amenable to the laws of copyright in engravings.

"Mistake is often made, by including with the above five acts a new one, (25 and 26 Vict. c. 68), passed for the purpose of protecting paintings, drawings, and photographs,' for which, its preamble recites, there was then no copyright as by law established.' That act, also, applies only to productions first published since its coming into operation (July 29, 1862), and of the classes referred to. Engravings are not mentioned. Still, it behoves all dealers in photographs to see that they purchase no copies of recent portraits or pictures, because the originals may have been protected by registration at Stationers' Hall. Sale of such protected pictures would subject them to police jurisdiction, with all its ignominy.

"Two recent cases will illustrate this.

"Mr. Gambart successfully prosecuted a shopkeeper for selling a photograph of his new engraving, 'The Derby Day.' The engraving itself could only be defended by civil process, and under the five Engraving Acts; but Mr. Gambart, before publishing the engraving, had a photograph of it taken and registered at Stationers' Hall as an original work first published since July 1862.' Consequently, The Derby Day came under the 25 and 26 Vict. c. 68, and was recoverable upon (as a photograph) in a police court.

"Another police conviction was obtained for sale of a pirated carte de visite of Miss Lydia Thompson. That also had been issued and registered under the new act. But Mayall's and other portraits of celebrities, which were issued before the new Act, have no copyright at all, and have never been recovered on. As ordinary dealers cannot know which portraits have copy

right and which have not, their only security lies in buying of respectable houses who confine themselves to the issue of safe photographs.

"For all engravings, then, issued before July 29, 1862, there are but the five legislative Acts already spoken of; and having considered the protection they afford to proprietors, we must next consider the requirements necessary to establish copyright in engravings. First and foremost stands, of course, an engraver's right to the design (painted or drawn) which he proposes to engrave and sell. The first two Acts (8 Geo. II., c. 13, and 7 Geo. III., c. 38), imply that, where a person himself invents a design, or from his own design causes another person to produce a copy of it (in both cases for the purpose of engraving, and without transferring his interest to another person), then copyright exists in both the design and the engraving of it. But where a printseller buys the design of an artist's picture for the purpose of engraving it, such decisions as have been given negative the idea of copyright in the design as well as the engraving of it. Thus, a printseller employed an artist to design and engrave a picture for him. It was copied; but the then Lord Chancellor ruled that no copyright existed, because the design was not made by the printseller himself, but by the artist.

"In another case, a printseller bought of an artist what he thought was the copyright of a picture, and engraved it. On the subsequent appearance of a similar engraving (which had been taken from the same original picture), action was brought for piracy; but the judge decided that it would destroy all competition in the art of engraving to extend the monopoly to the paintings themselves, from which the defendant's engravings were made, and not from the plaintiff's prints.'

"In other cases, copyright in the design of paintings was negatived, because, before engravings of them were issued, the paintings had been publicly exhibited, and were therefore deemed to be public property. And Lord Mansfield said, no doubt different men may take engravings from the same picture.'

These decisions are supported by the fact that copies of the designs of eminent painters, worked up by inferior hands in imitation of the famous originals, became common objects of sale, and are so still. To so great an extent was this carried, that the Act of 1862 was passed to protect painters against the injury done them by spurious copies of their works being vended in their name; and it was enacted, that henceforward copyright in the design of a painting, drawing, or photograph should vest in the author of a work, or the person to whom he sold it, according to certain regulations.

"So far, then, as regards paintings or drawings issued since July 29, 1862, engravers can secure copyright in the design as well as engraving; but as regards works issued prior to that date, they have only copyright in their own individual representation of a painter's work. But this is an important consideration; as, in nearly all cases, copies would be made from their engravings rather than the original design, and so become amenable to law if the engravings have been properly published.

"Next to the question of copyright in design comes that of copyright in the plate or prints delineating it. And here many requirements

must be observed.

"1. The date of first publication (day, month, and year), also the name of the proprietor,

'shall be truly engraved on each plate,' or stone, and printed on every print or prints' taken therefrom.

"2. In case of transfer or sale of copyright, such transaction must be executed by deed (duly stamped with the ad valorem duty on the price of the copyright), signed by the proprietor, and his signature attested by two witnesses.

"3. The plate must be etched, drawn, or engraved within Her Majesty's dominions: or, if abroad, in a country with which international copyright exists, and subject to its provisions.

"4. The subject engraved must not be 'libellous, obscene, or immoral.'

"It is contended that nearly all engravings published within the period of existing copyright (viz., 28 years from their first issue) have NOT complied with some or all of these essential requirements, and have therefore no copyright at all.

"It will be best to consider seriatim the course pursued by print-publishers on the four points named.

"1. The day and date of first publication, as required to be placed on each copy.

Copyright for engravings was first granted by the legislature on this basis-It is right and proper that a producer, whether by his own genius or employing the genius of others, should be protected from dishonest appropriation of his work by mere copyists; but it is equally right and proper, on public behalf, that such virtual monopoly should cease at a given time. Sufficient interval, therefore, was given (twenty-eight years), wherein the producer should gather his harvest. But another clause was necessary, on behalf of the public, against the protected producer and the legislature said, As you value these works highly enough to ask for their protection-as you call for pains and penalties on their infraction-you must take care to let it be known they are yours, and so warn off trespassers. Your name, and the period from whence your twenty-eight years of copyright date, shall be affixed to every copy of your works, so that no one may be able to say they sin against you ignorantly.'

"This bargain between the legislature (for the people) and the print-publishers (for themselves) being concluded, the latter went to work; and soon found noble reward, in an appreciation of their skill which culminated in a furore for the best and earliest impressions of their plates. Here came their temptation. By issuing prints so soon as a plate left the great artist's hands, and before it had the name and date affixed by an inferior workman, enormous additions to the publishing price could be obtained; and the proof that such impressions were 'virgin' consisted in the very fact which forfeited their claim to copyright-viz., the absence of any name and date by which they could be identified in point of age or ownership. But the premium was great the usual temptation whisper, No one will know,' was very sweet; and, with minds balancing the quid pro quo of ruined protection against fortunes gained by a coup de main, they chose the latter: and, did get the fortunes, large and many.

Research would reveal strange facts regarding these unlettered proofs. In some cases, their number was so great that purchasers of ordinary copies only obtained impressions from an old plate. In others, by covering the lettered portion of the plate, sham impressions without any

lines were produced, and sold as veritable proofs taken in the virgin state of the plate !

"The fact, however, of enormous issues of unlettered proofs at high prices is beyond dispute. Peace' and 'War,' sold for £16; 'Highland Nurses,' for £20.-A bill of sale, dated 130th Sept., 1861, and filed in the Queen's Bench Office on October 19, 1861, recites that 'there have been struck off or printed 1803 impressions, besides etchings and working proofs, from a certain popular engraving there named: viz. 650 artist's proofs, 150 proofs before letters, 403 proofs after letters, and 606 prints; and that they (the proprietors of the plate) have sold 1,167 impressions; viz., 220 artist's proofs, 63 proofs before letters, 278 proofs after letters, and 606 prints. The scheduled prices of sale are quoted at Artist's proofs, twelve guineas; proofs before letters, eight guineas; proofs after letters, five guineas; prints three guineas.'— 650 artist's proofs, to but 606 ordinary prints!

i

"Well and good-a fair market and equitable sale: a mess of rich pottage for a forsaken birthright. But, lo! while their meat was yet in their mouths,' other art-students announced the advent of Photography, whose wondrous beauties eclipsed even those of line, mezzo-, and aquatint-diverted all eyes, won all hearts, and opened up another temptation to those who had but recently succumbed to a former one :Whether 'twere better' to recognise the new art, and, by securing its services, discount opposition? or, boldly ignore the violation of their legal bargain, assert the continuance of unimpaired copyright, and strive by any means to slay the young Hercules, should he approach the fair fields they had left so invitingly open? These were the two positions offered to printpublishers for choice.

its

"Their decision is well known. Few photographers have not heard of The Printsellers' Association and its fulminations of anathema, maranatha: its Bull against 'piracy' threats of Chancery and Common Law-its raid against the spinsters or widows of cheap stationery, berlin work, and fancy goods depots. Offers of royalty upon photographs of engravings were rejected; and, with the finest material in their hands for producing what the nation called aloud for, viz., cheap photographs of engravings, print-publishers preferred to stand by their order, to stand by their order,

and rather threaten back the advancing tide than sail on it to fresh fortune.

"It is contended, however, that in so doing they were at perfect liberty of choice, and would manage affairs in the way which experience told them was best for their own interests. No doubt; but, having deliberately chosen the one course and rejected the other, why do they howl at those who take up their leavings? On one hand they say that the issue of small reproductions of their works kills the sale of larger copies; on the other, they reject production by themselves of small copies as unworthy attention! So one may see an angry child dash away a proffered cake, and then rave against those who pick it up.

"As a matter of private decision upon private property, of course they had a right to do as they chose; as threateners of pains and penalties for the infraction of legally protected productions, they would be justified, albeit all their proceedings savoured strongly of merciless extinguishment of a process which advertised their works rather than usurped them; but, as persistent maintainers of copyrights already broken by themselves, their conduct requires grave

justification instead of appeals for help and sympathy against 'piracy."

"And how if that ugly word may be retorted upon those who affix its stigma to others? Is it not piracy' to sail under false colours-to arrest traffic on the high seas of commerce-and, by the force of terrorismi, prey upon those whose fears and ignorance makes them a ready prey?

"If they have injury, the law is open for redress. But let them not strive to cobweb. round a plain case-to raise a false issue-and hide their own gambling by tortured misconceptions of the very Acts to which they threaten an appeal for redress.

"BUT THE ISSUE OF UNLETTERED PROOFS HAS BEEN SOUGHT TO BE EXPLAINED AWAY. One of the most eminent print-publishers thus defends it, on affidavit:-Up to within the last few years, it was the unvarying and universal custom in the trade to strike off a few working proofs of engravings for the inspection of the engraver of the plate and of the publisher, for approval, before either proofs or prints were struck off; and the publication line, or words stating the name of the publisher, his address, and the date of the publication, were never added until after the approval by the artist and publisher of the working proofs submitted to them.'

"The best reply to this is the legal document just quoted, which recites, besides etchings and working proofs,' the issue of 650 artist's proofs !

"Plenty more evidence, however, exists, in disproof. At a recent auction of fine engravings, by Messrs. Christie and Manson (Dec. 13, 1864), 29 were sold, not only quite unlettered, but with the stamp of the Printsellers' Association affixed, in warranty of their completeness; and, in some cases, the autograph of the engraver! If mere working proofs,' whence these signs and seals? Why on sale, and that at prices trebling ordinary rates? A good proportion of the 29 so sold are the claimed copyrights of the author of the affidavit !

(To be continued.)

On the 10th March will be published, THE THE LITERARY GAZETTE:

A Monthly Record of Literature.

No. III., PRICE TWOPENCE.

Containing a Classified List of all Books recently published; with a Full Transcript of the Title, Size, Price, and Number of Pages; and a Short Description of the more important. Intended for the Use of Authors, Literary Institutions, Secretaries of Book Clubs or Reading Societies, and Book-buyers generally.

The LITERARY GAZETTE will be found to contain more information about recently published books than is to be found elsewhere, and it is believed that the more extensively the Gazette is circulated amongst book-buyers, the more will the trade generally be benefited.

RELIGIOUS.

......

Alexander (William Lindsay, D.D.) St. Paul at Athens. Fcap. 8vo, pp. x-322. Black 5/ Answer to the Archbishop of York on the Subject of Endless Torments. By a Bachelor of Divinity. Cr. 8vo, sd., pp. 138. Williams & Norgate. 2/ Arvisenet's Divine Counsels; or, the Young Christian's Guide to Wisdom. Translated from Arvisenet, and adapted to the use of the Anglican Church. By William B. Caparn, M.A. With a Preface by John Sharp, M.A. 18mo, cl. sd, pp. xii-157. J. H. & J. Parker. .2/6 Bannerman (James, D.D.) Inspiration: the Infallible Truth and Divine Authority of the Holy Scriptures. 8vo, pp. 595. Clark (Edinburgh)-Hamilton.. 10/6 Barth's Bible Manual: an Expository and Practical Commentary on the Books of Scripture. Arranged in Chronological Order, forming a Handbook of Biblical Education, for the use of Families, Schools, and Students of the Word of God. Translated from the German Work edited by the late Rev. Dr. T. C. Barth. Roy. 8vo, pp. xxvii-1006. Nisbet.... 12/ Bathgate (William) Christ and Man; or, God's Answer to our Chief Questions. Cr. 8vo, pp. xvi288. Jackson, Walford, & Hodder 5/ Beginnings of Evil (The); being Tales on the Ten Commandments. By M. H. R. 18mo, pp. 296.

84/

of the Church of England. A New Edition, care. fully revised, and the Records collated with the Originals. By Nicholas Pocock, M.A. 7 vols. 8vo. Clarendon Press..... Bushnell (Horace, D. D.) Christ and His Salvation. Six Sermons variously related thereto. Cr. 8vo, pp. viii-412. Strahan 6/ Chalmers (Grace Pratt) Road and the Resting Place.

2nd edit. Roy. 18mo, pp. xi-182. Nisbet..... 2/ Collette (Charles Hastings) and Geraghty (Dr.) "I Believe in the Holy Catholic Church." A Controversial Correspondence. Cr. 8vo. Macintosh. 3/6 Daily Communion. Consisting of:-1. Morning Vows. 2. Noontide Helps. 3. Evening Voices. Selected and arranged by the Author of "Bible Words for Daily Use," &c. Roy. 32mo, pp. viii384. Knight & Son...... 2/6 Doherty (Hugh, M.D.) Philosophy of Religion. Svo, sd., pp. 48. Trübner.

.....

1/

"Experiences of a Vert." With Two Letters respecting its Authorship. Reprinted from "The Union Review." 8vo, sd., pp. 39. Hayes...... 1/ Fernandez (J., B.A.) Popery Tottering to its Fall in 1866. The Encyclical Letter, with Notes Historic and Illustrative, shewing what the Spirit of Popery has been, now is, and will be, until it perishes from off the face of the Earth. 12mo, sd., pp. 68. Passmore & Alabaster.

....

6d.

Fresh Religious Thoughts and Truths for the People. By the Author of "Studies in Divine Things." Fcap. 8vo, pp. iv-314. Houlston. ...3/6 Fresh Springs of Truth. A Vindication of the Essential Principles of Christianity. Cr. 8vo, pp. xii— 284. Griffin.

6/ Gee (Richard, M.A.) "From Sunday to Sunday." An Attempt to consider familiarly the Weekday Life and Labours of a Country Clergyman. Fcap. 8vo, pp. xiv-256. Longman.

..5/

Gladstone (Right Hon. W. E.) Historical Remarks on the Royal Supremacy. Extracted from a Letter, List of American Publications supplied by Messrs. Trübner and Co., 60, Paternoster Row.

published in 1850, to the late Lord Bishop of London. Cr. 8vo, sd., pp. 83. J. H. & J. Parker 6d. Guthrie (Thomas, D.D.) Speaking to the Heart. Pocket Edition. Roy. 18mo, pp. 216. Strahan...2/ Heard (John B., M.A.) Pastor and the Parish; or, the Minister as Preacher, Pastor, Catechist, &c. A Prize Essay. Cr. 8vo, pp. xxvi-274. Partridge 3/6 Herschell (Rev. Ridley H.) Strength in Weakness. Meditations on some of the Psalms, in time of Trial. 2nd edit., with additions. 18mo, cl. sd., pp. xi-119. Aylott .....1/ Hours of Quiet Thought; with an Introductory Essay by the Rev. George Gilfillan. Fcap. 8vo, pp. xix-264. Newby....

3/6

Hymns, chiefly Medieval, on the Joys and Glories of Paradise. Translated and Edited by the Rev. J. M. Neale, D.D. 16mo, pp. xii-110. Hayes......1/6 Jewish Reply (A) to Dr. Colenso's Criticism on the Pentateuch, issued by the Jewish Association for the Diffusion of Religious Knowledge. Evo, pp. 147. Trübner.

3/

Kidder (Daniel, D.D.) Treatise on Homiletics. Designed to illustrate the true Theory and Practice of Preaching the Gospel. Post 8vo. Trübner ..6/ Lecky (W. E. H., M.A.) History of the Rise and Influ ence of the Spirit of Rationalism in Europe. 2 vols. 8vo, pp. xli-896. Longman.... .25/ Loving Words of Caution, Counsel, and Consolation, for such as are seeking to be like their Lord. In Poetry and Prose. 2nd edit. 18mo, pp. x-290. Tresidder.. 1/

Lowndes (Richard) Introduction to the Philosophy of Primary Beliefs. Cr. 8vo, pp. xix-296. Williams & Norgate

7/6 Macduff (Rev. J. R., D.D.) Exiles of Lucerna. New edition. Cr. 8vo. Nisbet.... 2/6 Malan (Rev. S. C., M.A.) Philosophy or Truth? Remarks on the First Five Lectures by the Dean of Westminster, on the Jewish Church. With other Plain Words on Questions of the Day, regarding Faith, the Bible, and the Church. 8vo, pp.xl-393. Masters

12/

4d.

5/

Mason (W. G.) How may the Sabbath be made both agreeable and profitable to Children? A Paper read at the Northampton Conference of the Associ ated Body of Church Schoolmasters. Fcap. Svo, sd., pp. 32. Thirlway (Ripon)-Simpkin Moore (Daniel, M.A.) Age and the Gospel. Four Sermons preached before the University of Cambridge at the Hulsean Lecture, 1864. To which is added a Discourse on Final Retribution. Post 8vo, pp. xvi-185. Rivingtons.... Opened Book (The); Three-and-Twenty Lectures on the Revelation of St. John. By W. A. B. Sm. cr. Svo, pp. viii-210. Hodges & Smith........... 4/6 Oxenden (Rev. Ashton) Home Beyond; or, A Happy Old Age. 48th thousand. Feap. 8vo. Macintosh 1/6 Philip (Rev. John) Earth's Care and Heaven's Cure. Roy. 18mo, pp. x-140. Elliot 1/6 Pinart's Nourishment of the Christian Soul; or, Mental Prayer rendered easy by Meditation on the Passion of our Lord Jesus Christ. With Exercises and Prayers. From the French. 3rd edit. Fcap. 8vo, pp. xvi-366. Masters.. 5/ Keadings for Sunday Schools, on some of Our Lord's Parables. By S. W. Fcap. 8vo, pp. 48. Mozley.