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AN ACT for the encouragement of learning, by securing the
copies of maps, charts, and books, to the authors and
proprietors of such copies, during the times therein mentioned.
SECTION 1. Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, That from and after the passing of this act,
the author and authors of any map, chart, book or books already
printed within these United States, being a citizen or
citizens thereof, or resident within the same, his or their executors,
administrators or assigns, who hath or have not transferred to
any other person the copyright of such map, chart, book or
books, share or shares thereof; and any other person or persons,
being a citizen or citizens of these United States, or
residents therein, his or their executors, administrators or
assigns, who hath or have purchased or legally acquired the
copyright of any such map, chart, book or books, in order to
print, reprint, publish or vend the same, shall have the sole
right and liberty of printing, reprinting, publishing and vending
such map, chart, book or books, for the term of fourteen
years from the recording the title thereof in the clerk's office,
as is herein after directed: And that the author and authors
of any map, chart, book or books already made and composed, and
not printed or published, or that shall hereafter be
made and composed, being a citizen or citizens of these United
States, or resident therein, and his or their executors,
administrators or assigns, shall have the sole right and liberty
of printing, reprinting, publishing and vending such map,
chart, book or books, for the like term of fourteen years from
the time of recording the title thereof in the clerk's office
as aforesaid. And if, at the expiration of the said term, the
author or authors, or any of them, be living, and a citizen or
citizens of these United States, or resident therein, the same
exclusive right shall be continued to him or them, his or
their executors, administrators or assigns, for the further
term of fourteen years: Provided, he or they shall cause the title
thereof to be a second time recorded and published in the same
manner as is herein after directed, and that within six
months before the expiration of the first term of fourteen years aforesaid.
SEC. 2. And be it further enacted, That if any other person or persons,
from and after the recording the title of any
map, chart, book or books, and publishing the same as aforesaid,
and within the times limited and granted by this act,
shall print, reprint, publish, or import, or cause to be
printed, reprinted, published, or imported from any foreign
Kingdom or State, any copy or copies of such map, chart,
book or books, without the consent of the author or proprietor
thereof, first had and obtained in writing, signed in the
presence of two or more credible witnesses; or knowing the same
to be so printed, reprinted, or imported, shall publish, sell,
or expose to sale, or cause to be published, sold, or exposed
to sale, any copy of such map, chart, book or books, without
such consent first had and obtained writing as aforesaid,
then such offender or offenders shall forfeit all and every
copy and copies of such map, chart, book or books, and all
and every sheet and sheets, being part of the same, or either
of them, to the author or proprietor of such map, chart, book
or books, who shall forthwith destroy the same: And every such
offender and offenders shall also forfeit and pay the
sum of fifty cents for every sheet which shall be found in his
or their possession, either printed or printing, published,
imported or exposed to sale, contrary to the true intent and
meaning of this act, the one moiety thereof to the author or
proprietor of such map, chart, book or books who shall sue for
the same, and the other moiety thereof to and for the use
of the United States, to be recovered by action of debt in any
court of record in the United States, wherein the same is
cognizable. Provided always, That such action be commenced
within one year after the cause of action shall arise, and
not afterwards.
SEC. 3. And be it further enacted, That no person
shall be entitled to the benefit of this act, in cases where any map,
chart, book or books, hath or have been already printed
and published, unless he shall first deposit, and in all other
cases, unless he shall before publication deposit a printed
copy of the title of such map, chart, book or books, in the
clerk's office of the district court where the author or
proprietor shall reside: And the clerk of such court is hereby
directed and required to record the same forthwith, in a
book to be kept by him for that purpose, in the words following,
(giving a copy thereof to the said author or proprietor,
under the seal of the court, if he shall require the same). "District
of _________________ to wit: Be it remembered, that on the _________________
day of _________________ in the
_________________ year of the independence of the United
States of America, A. B. of the said district, hath deposited
in this office the title of a map, chart, book or books,
(as the case may be) the right whereof he claims as author or
proprietor, (as the case may be) in the words following,
to wit: [here insert the title] in conformity to the act of the
Congress of the United States, intituled 'An act for the
encouragement of learning, by securing the copies of maps,
charts, and books, to the authors and proprietors of such
copies, during the times therein mentioned.' C. D. clerk of the
district of _________________." For which the said clerk
shall be entitled to receive sixty cents from the said author or
proprietor, and sixty cents for every copy under seal actually
given to such author or proprietor as aforesaid. And such
author or proprietor shall, within two months from the date
thereof, cause a copy of the said record to be published in
one or more of the newspapers printed in the United States,
for the space of four weeks.
SEC. 4. And be it further enacted, That the author or
proprietor of any such map, chart, book or books, shall, within
six months after the publishing thereof, deliver, or cause
to be delivered to the Secretary of State a copy of the same, to
be preserved in his office.
SEC. 5. And be it further enacted, That nothing in this act
shall be construed to extend to prohibit the importation or
vending, reprinting or publishing within the United States, of
any map, chart, book or books, written, printed, or
published by any person not a citizen of the United States, in
foreign parts or places without the jurisdiction of the
United States.
SEC. 6. And be it further enacted, That any person or persons
who shall print or publish any manuscript, without
the consent and approbation of the author or proprietor thereof,
first had and obtained as aforesaid, (if such author or
proprietor be a citizen of or resident in these United States)
shall be liable to suffer and pay to the said author or
proprietor all damages occasioned by such injury, to be recovered
by a special action on the case founded upon this act,
in any court having cognizance thereof.
SEC. 7. And be it further enacted, That if any person or persons
shall be sued or prosecuted for any matter, act or
thing done under or by virtue of this act, he or they may
plead the general issue, and give the special matter in evidence.
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