The Express.
London, England, 1864-07-18 00:00:00

LAW INTELLIGENCE.
(THIS DAY.)

EQUITY COURT.
(Before Vies-Chaacellor Sir B. T. Sudan ay.)
SAWPOON LOW AND 00. r. ItOUTLILDOS, WAR)III., AND
ROOTLIDOIL-COPTRIGHT.

The plaintiffs and defendants in this case are publisher.?
the plaintiffs being Messrs. Sampson Low and Co., sod
the defendants Messrs. P.outledge, Warne, and lloutledge.
The bill was filed to restrain the defendants from publishing
a book called " Haunted Hearts," by Maria S. Cumming.,
the plaintiffs alleging that the copyright is their property.
Miss Cumminp is • native of the United States of At:clerks,
bat in April last was, and still is, residing at Montrose!, U.
Canada. In April plaintiffs purchased of her the copyright
of " Haunted Hearts," and they pabliahed the bee's:
in this country on the 23rd or 25th of May, iu
two volumes. the price being 16s. la May it
came to the knowledge of the plaintiffs that defendants had
published an edition of the book, and were offering it in
Paternoster-row at 2s. They thereupon wrote to the de-
[andante, stating that they had purchased the copyright of
the author, and requiring the defendants to desist from the
I publication. To this letter defendants replied as follows:
We do not understand from your letter to us of rater.
day's date, in reference to ' Haunted Hearts,' oe what
grounds 1.012 rest your claim to copyright in such a wort,
written by an alien, • native of the United States of
America, between which country and oar own no law of
ineenational copyright exists. We appreciate the friendly
term' in which you caution us to refrain from proceediN
with our publication of the work in question, but in the at.
senoe of proof that you possess the right you seek to lay
claim to, we do not see, in justice to ourselves, why we
should stop the issue of our edition." On receipt of this
letter, plaintiffs filed the present bill, end the matter now
rime on on demurrer fora court of equity. Defendants
also demurred to the bill cm various Wankel grounds, ono
being that in the entry at Stationers' Hall the assignees of
the copyright are stated to be Sampson Low, Son, and
Marston, whereas in the bill they are described as Sampson
Low and Co ; another being that they are described as of
It. Ludgate-hill, without the addition of City of London ;
and another being that in the entry the book is stated
to have been published on the 23rd of May, whereas in
the bill it is stated to have been published on the 15th of
May.
The Vice-Chancellor, in giving judgment, said the main
question raised was,whether an alien residing in a colony or
• possession of the British crow*, and publishing a book
quired, according to the law of this country, a copyright in
the book. It was insisted, on the part of the defeaots,
that, scoordiog to the true construction of the sth and
6th Victoria, chapter 95 (the Copyright Act) no alien, under
any circumstances, whether residing in a foreign country or
residing in this country, acquires • copyright in a book in this
country, although the book is first published in this country,
while the contrary was contended oes the part of the plain.
tiffs. If it were as entirely open question whether it were
expedient sod beneficial that the law should be that an
alien, whether residing in this country or not, should, by
first publishing's work here, acquire a copyright in that
work, it certainly appeared to him that a very strong argn-
meat might be adduced io rapport of the affirmative,of that
proposition. Of course the Copjright Act had for its sod
and object the encouragement of learning by holding
out to men of learning and genius some advantage from
the composition and publication of books. Th.it
advantage was given them by granting to them a monopoly,
and though a monopoly was en evil per se, that evil wan
more than compensated by the inducement held out to men
of pains and leaning to write books. But the Tuition
before the court was, what was the true construction of the
act of parliament. The preamble of the act stated that
" whereas it is expedient to mated the law relating to copy.
right, and to afford greater encouragement to the production
of literary works of lasting Leontit to the world," and the title
of the act was "An act to amend the law of copyright." The
title of the act of Queen Anne was "An actfor theeneourege-
meet of learning by vesting the copies (meaning) copyright
of books iu the author, and and the preamble, after reciting
that persons took the liberty of printing works of other per-
sons, went on to say, "for the preventing, therefore, of suck
practices in future, and for the encouragement of learned
men to compose and write useful books, without soy ex-
pression of the larger object of encouraging learning through.
out the world. la the case of "Jeffreys and
Boosey," which had been much dwelt upon,
Bellini, • musical composer, had ooeipo.ed as
opera, the Sonesesbula, and at Milian he made a transfer,
not according to the English law, but according to the law
of Milan, to sandier foreigner named lliJordi, who assigned
it to a British subject in this country, sad the British sub•
ject published the work here. In that ease, therefore, the
nal question was, what was the effect of the assignment
from Bellini to Ricordi, and from Rioordi to the British sub-
ject; and the question whether, if Bellini had sent over
the work to this country, and had himself published it here
for the first time, was not directly put to the judges, although
that question was largely discussed, but on the question that
' was put to them six judges decided in favour of the copy•
right sod seven against it. It had been cootended that in.
asmuch as it was obvious that the view of the legislature in
wring the act of the sth sad 6th Victoria had • much
wider scope than the act of Anse, sad he thought that the
argument had great weight, though he could not consider
it oceclasive. Another argumeat was that inasmuch as
the legislature two years after the passing of the
act of the sth and 6th Victoria pseud what
was called the International Copyright Act, en-
abling the government to enter into a convention with
other countries for protection of the copyright of books
published in those countries, that act, so far as related to
protecting copyrights in this country, was confined
to this country, and it was truly argued that if they
did not give copyright to an alien author, living
abroad, who just published his book in this country,
they put him in a worse position than if he bad
published his book first in his own country, sod so far from
tending to encourage learning in this country it would dis-
courage it. That was an argument of no slight weight in
presence of the large interpretation of the sth and 6th
Vint if it were necessary for him, which it was not, to
determine thin ease upon the question as to whether the
term " author" should have • wider construction than
'that which had been put upon it as used in the act of Anne
he should determine the ease upon the wider view.
But it was not necessary, because the cue before him
was not the ease of a foreign author publehiug
in this country while residing abroad, but it was the case of
as alien publishing in this country while residing within
her Majesty's dominion.. The question he Ind to deter-
mine was, if an alien came to • colony or dependency of the
British crown, sod while residing in the colony or dopes-
' deny published in England • work composed by that author
did that author acquire • ooperight in this country! He was
clearly of opinion that he did so acquire a copyright In
the case of Jeffmys r. Bootee every one of the thirteen
judges was of opinion that under the statute of Anne, a
foreigner coming to this country and first publishing here a
work composed by him, could acquire copyright. lie should
Dot have the smallest invitation in saying that if Miss Cam-
mins, having composed • work—whether is the United
States or in Conde—had emit over to this count''', and
had here published the work, she would have acquired copy-
right in the book. The question remained, would she
acquire the right if she had come to any other part of her
Majesty's dominions, namely, Canada, and be was of opinion
that she would. The art of Victoria had, as be had
said, a wider scope than the set of Anne. The
act of Anne was confined to England, whereas
the set of Victoria extended to all her Mejesty's dominion.
Therefore so far as related to the wide sod important qua-
lice in the use it appeared to him that this demurrer could
not be sustained. Miss Cummins acquired the copy-
' right, but it was necessary before she or her as-
mune could take proceedings for the infriegemeut
of it that the provisions of the set with regard to the entry
in the register should have been complied with. The entry
I stated that the work was published by Sampson Low, Son.
and Mantas, sad the bill stated that it was published by
Sampson Low and Company ; thee the entry states the
book to have been published on the 23rd Msy, whereas the
bill stated it to have been on the 25th of May. These
grounds were technical, and he was almost ashamed to
mention them ; nevertheless, he must hold that the set
must be strictly complied with, end, as it had sot, the de-
murrer must be allowed.
Mr. Shatter maid the matter bad beet contested on point
of priariple. and he was desirous to have it thoroughly
understood that Messrs. Rocitledge did not copy the plain-
tiffs' book, but they bad • book sent from America which
they printed therefrom. The Moak had redly been published
in America end transmitted by the LIMO mail as that which
brought the plaintiffs'.
Mr. Beily—No, not by the mime mail.

COURT OF BANKRUPTCY.
(Before Mr. Commis.loser GoaNiro.)
Ilr RZ LOCKWOOD MID LOCKWOOD.

The bankrupts were ►uctiooeere, of the Poultry and of
Edgwarirroad. This was the sitting for examiestom. The
sooousts prepared by Messrs. Hart Brothers and Harts',
show joist debts of 3.1211., with swots awl property held as
security of shout 1.350 t. There are separate liabilities of
John Lockwood of 4,9484, with a small ►mount of assets.
The bankrupts passed unopposed, and the order of dis-
charge was adjourned.

IX Et 1121CHARDT.—APPLICATION TOR urcaanr.
The bankrupt had acted as stage manager at Her Majesty's
Theatre. He applied for his release from custody. Debts
about 4001., chiefly due to creditors in Vieille.
Mr. Bagley opposed for the detaining creditor, on the
ground that the bankrupt was about to go abroad.
Mr. E Reed, in supporting the application. stated that
the bankrupt bad been engaged in a theatre at %lima, and
had accepted bills for the manager, ow one of which he bad
been proceeded against and takes into custody in this
country.

His Honour said he would grant the discharge on the
bankrupt finding ono good aunty of 1001.

Tee HAZIMIT AND Cams. —Wheat cutting wit!
ootomease this week is soave parts of Hants and Dorset.
The pea sod vetches crops have failed till., soisoo in the
'oath of Eegl►od. owing le the drought. Nearly an the
°Ade ponds are dry. ui cattle are 'calorie' is 000tequenee.
trains rain falls the turnip sad the second grass crows lit
fail, and batellen' meat will be ma* dearer that it
meat.