Star.
London, England, 1828-01-31 00:00:00

.", _

COURT OF ERROR.
—veliwoo-
EXCHEQUER cHAMßEft;list. 19.
- FLORA 024 CA.
THII 21117STILI or 1111 111411**ii 41611ttibt V. 141f1.11 '
AND OTNIRS.
When this case was called on, Lord Chief Justice
Bur said, that as be was a party, being one of the
'trustees, he should withdraw. His Loreffhip Accord.
i ugly retired.
Mr. PATTISON said, that this was a writ of error*,
from the judgment of the Court-of King's Bench, upon
a bill of exceptions tendered at the trial by the plain.
tirs Counsel. The action was brought on the 54th of
Geo. 111. chap. 156; and all the counts in the declara-
tion • assigned breaches of the .same statute. The first
question to be decided wis, whether or not the brk in
question was olio which :was demandable, . within the
meaning of the Act, 11 tlte MOO Museum?' The sth
section of the 54th oft 1
era. 111. a., 15(1, directs that even'
publisher shall within one month (if he live witbiti the
bills of mortality, otherwise within three months) after
he publishes any work, enter its title in the book of the
register of the Sta:ianers' Company, under a. penalty of
51. and forfeiture of eleven times the valoe of a copy
of the work. It was proved on the trial that the work
in question was the first number of the fifth volume of
Flora Greta, a work which was to be published from
time to time out of the fonds left for that purpose by
the late Dr. Sibthorpe, who directed that.as soon as the
work was complete, tho.e funds should thenceforward
be appropriated to the establishment Of •I professor-
ship of torsi ecnoonty in the' Univet.itY •of Olforid.
The present number contained the title-page of the
sth volume. It appeared that there were 27: stAr-
scribers, and that only thirty copies had been Itrilek
off. one of which war purchased by a persoonotas'subl
scrib-r. In order to consider whether Or 'hot' tifit wits
a publication of which a copy was dethaprfaisle:unaler
the statute, it. was necessary to look at the provisions of
preceding Acts of Parliament. Th. fitb-Of Anne, c. 19.
sec. 1, gives authors a copyright in their 'Works for four-
teen years; but, in order' to erititle theta' to anti's:thin for
piracy, it requires the titles to'be entered-at Statiosmors'
Hall, so that the pablic.might thus be protectedircma
committing piracy through *inadvertence.* 'The* filth
section provides that nine 'copies be given to the Ware-
house keeper of the Stationers' Company for the di
flrent libraries. Now, it war quite clear from the word-
ing of this statute, that thd object of the clabse requiting
an entry at Stationer's ' Hill war te ghee atithOri a
tight of action after the public should thus have notice
of the new publication; . and it was not, the men.
lion of the Act to,give the libraries notice, although
it certainly had' that effect. 'The 15th Geo: 111. 'c: 3,
s. 6, requires that the title of every book 'and of every
volume be entered at Stationer's Hall. - • The 41st. of
Geo. 111. c. 107, extends the• copyright to 28 years,
and directs two additional copies to be delivered for the
Royal Libraries, of such books•as were'actually entered
at Stati:mer's Hall. By the 54th Geo. 111. the Ilsiti,h
Museum was substituted for the Royal Library, so that
still only eleven copies'wete required; and as the deli-
very of a copy of every work puhßshed necessarily had
the effect of filling the public libtvuies with trash, it
further directed, that in lu-we those books only were
to be delivered•which were demanded Ant the part of the
libraries; and in order to let them•Anow what books
were' published, it also directed that the titles of them
be entered at Stationer's Hall, within a month after
t !ey we.e first published, add, advertised, or offered
f o sale.
Mr. Baron Hou.occ—l think the words ale, " the
whole clever), hook and of every volume. It dues
not use the word " part."
Mr. .lustice Gaschze—lt says, 14 after such book
was fist published, sold, advertised, or offered for sale."
Mr. Baroti Ilint.out— 1-I'sw can you eater a book
within a month after it has been published, when it is
not yet oublidied; but only a pan of it?
Mr. I'ATTESON tontended, th'st a book was first
offered for sale when the first part of it was offered for
sale. He submitted that the copyright must run from
the first publication. of each part.
Mr.'Baron flpht.octo-Why- did not you bring your
action for the fourth volume ?
Mr. Porrasou said they hadlost their action for the
f us th volume, and in the present case they had omitted
t make a formal demand of delivery ; they had these.
fioe broughitheir action fur noioehtry.
Mr. Baron ' Iltki.oolC—li this a publication for sale?
There were originally 27 subscribers, and only SO.OOOIIIII
were struck off. One of these goes to the Editor, mid
supposing the other two to be sold, still du you call that
a publication for sale in the ordinary sense of the word?
Mr. ParrasOu apprehended it clearly was.
Mr. Justice Pasta asked how it was possible to supply
the libraries with eleven copies out of thirty, alter tur-
nishing each 4.27 subscribers With one ?
Mr. Parresou said thei ought to have struck off a
greater number of copies. He argued that this Act
threw no additional burden on the authors; for al-
though it required a copy to be delivered to the British
Museum, it was no longer necessary to furnish one-to
the King's Library • so that there were stilt only 11 copies,
to be delivered as before. Net was there any hardship so 1
this case, betausd it did not press on any' individualt, the
onli effect Of it• bang
.to' defer the Profeiscirship of
Rural litonOniy for ihepolionif hisser: and whether
that were *eitabfisbidtan yeani at a hundred years hence
was of very littk ciiiisigoeoei4ti; far li). Upon these
grounds tire Leainedeohnietstthilsit ' that the plaits
tes
tiff; were tlearly entitled to Heiner, a that the judg-
Merit of the Court bide* might to be teamed.
Mr. "PiXri. on the other side, Crintientk4 that this
was not a book demandable under the ACt of Portia=
swot. The omission of the word " parrclearly forked
Wit the Legislature did not intend to roclUde apart. of
a' volutne; white the ibiertion of - the word. a iolut>pe"l
shOred that; by the word " book, they did not aseati
a portion of 'a work; otherwise they would not have
partitutarized the' only division of a book which they
inAnt.to inOode—naritely. a volume. With respect to
th s being a publicition for sale it appeared that the
work was published at an expense lihicti was Cantributedi
to bf. a few' individuate. and ckhrly not with a View to
eat' eirofit, because a fund .was ••expressly bequeathed''
f& the purpoie Of defiayizif-the expense of the %0III4p;
over and shore the contributtcnis'of the subvi.iihcis. That,
. grog' amount of the' expense hitherto Maya. 9,0001, dole'
amount Of the subscriptions' wig 'koool. so ihat there
was a balm:lee of 6.0001. agaidst the estate, whiei
the testator meant shoo* lie applied to 'meet it. :Anil
waft
or a further proof of iti.not being intended as a w
or profit. it appeared that the subscribers 'only sub.
scribed 'flinty-three guineas" a voltinse; vihile the ex.'
pence of their pulifiCattog ainoented to fifty &pineal'?
As, therefore, this was not a book eontiMplsrecirag: i
benefit of authors, it did not Come Withie the
of the Act. He subthitted, first, is this wis net é '
i
pubh;hed firrincifit.it'dict not COMe ivithin the Moja*
of the Copyright Act; mons*, batiks* bees pa r4t.
pbbrosbedbeideir the 'Net in 'qeestion, it did. not come'
within its Operation ; and thirdly, that this part of 'a'