the consent of zotinto or chiaro oscuro or otherwise, or in any other manner etch, &c. any copy in the whole or in part, by varying, adding to or dimi- print without nishing from the main design, or shall print, reprint or import the proprietor, for sale, or cause or procure to be printed, reprinted or im- he shall be liable ported for sale, or shall publish, sell or otherwise dispose of, or to damages and cause or procure to be published, sold or otherwise disposed of, double costs. any copy or copies of any historical print or prints, or any print or prints of any portrait, conversation, landscape or architecture, map, chart or plan, or any other print or prints whatsoever, which hath or have been or shall be engraved, etched, drawn or designed in any part of Great Britain, without the express consent of the proprietor or proprietors thereof first had and obtained in writing, signed by him, her, or them respectively, with his, her or their own hand or hands, in the presence of and attested by two or more credible witnesses, then every such proprietor or proprietors shall and may, by and in a special action upon the case, to be brought against the person or persons so offending, recover such damages as a jury on the trial of such action, or on the execution of a writ of inquiry thereon, shall give or assess, together with double costs of suit. 38 GEO. III. c. 71. An Act for encouraging the Art of making new Models and [21st June, 1798. WHEREAS divers persons have by their own genius, industry, Preamble. pains and expense, improved and brought the art of making new models and casts of busts, and of statues of human figures and of animals to great perfection, in hopes to have reaped the sole benefit of their labours; but that divers persons have (without the consent of the proprietors thereof) copied and made moulds from the said models and casts, and sold base copies and casts of such new models and casts, to the great prejudice and detriment of the original proprietors, and to the discouragement of the art of making such new models and casts as aforesaid: for remedy whereof, and for preventing such practices for the future, may it please your majesty that it may be enacted, and be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that, The sole right from and after the passing of this act, every person who shall and property of making models or casts shall be vested in the original proprietor. Persons making copies of any model or cast without the consent of the proprietor may be prosecuted. make or cause to be made any new model, or copy or cast made from such new model, of any bust or any part of the human figure, or any statue of the human figure, or the head of any animal or any part of any animal, or the statue of any animal, or shall make or cause to be made any new model, copy or cast from such new model in alto or basso relievo, or any work in which the representation of any human figure or figures, or the representation of any animal or animals shall be introduced, or shall make or cause to be made any new cast from nature of any part or parts of the human figure, or of any part or parts of any animal, shall have the sole right and property in every such new model, copy or cast, and also in every such new model, copy or cast in alto or basso relievo, or any work as aforesaid, and also in every such new cast from nature as aforesaid, for and during the term of fourteen years from the time of first publishing the same: provided always, that every person who shall make or cause to be made any such new model, copy or cast, or any such model, copy or cast in alto or basso relievo, or any work as aforesaid, or any new cast from nature as aforesaid, shall cause his or her name to be put thereon, with the date of the publication, before the same shall be published and exposed to sale. 2. And be it further enacted, that if any person shall, within the said term of fourteen years, make or cause to be made any copy or cast of any such new model, copy or cast, or any such model, copy or cast in alto or basso relievo, or any such work as aforesaid, or any such new cast from nature as aforesaid, either by adding to or diminishing from any such new model, copy or cast, or adding to or diminishing from any such new model, copy or cast in alto or basso relievo, or any such work as aforesaid, or adding to or diminishing from any such new cast from nature, or shall cause or procure the same to be done, or shall import any copy or cast of such new model, copy or cast, or copy or cast of such new model, copy or cast in alto or basso relievo, or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid for sale, or shall sell or otherwise dispose of, or cause or procure to be sold or exposed to sale, or otherwise disposed of, any copy or cast of any such new model, copy or cast, or any copy or cast of such new model, copy or cast in alto or basso relievo, or any such work as aforesaid, or any copy or cast of any such new cast from nature as aforesaid, without the express consent of the proprietor or proprietors thereof first had and obtained in writing, signed by him, her or them respectively, with his, her or their hand or hands, in the presence of and attested by two or more credible witnesses, then and in all or any of the cases aforesaid, every proprietor or proprietors of any such original model, copy or cast, and every proprietor or proprietors of any such original model or copy or cast in alto or basso relievo, or any such work as aforesaid, or the proprietor or proprietors of any such new cast from nature as aforesaid respectively, shall and may, by and in a special action upon the case, to be brought against the person or persons so offending, recover such damages as a jury on the trial of such action, or on the execution of a writ of inquiry thereon, shall give or assess, together with full costs of suit. Except such persons who shall purchase the same of the original pro 3. Provided nevertheless, that no person, who shall hereafter purchase the right, either in any such model, copy or cast, or in any such model, copy or cast in alto or basso relievo, or any such work as aforesaid, or any such new cast from nature, of the original proprietor or proprietors thereof, prietor. shall be subject to any action for vending or selling any cast or copy from the same, anything contained in this act to the contrary hereof notwithstanding. 4. Provided also, that all actions to be brought as afore- Limitation of said against any person or persons for any offence committed actions. against this act shall be commenced within six calendar months next after the discovery of every such offence, and not afterwards. 54 GEO. III. c. 56. An Act to amend and render more effectual an Act of his WHEREAS by an act passed in the thirty-eighth year of the 38 Geo. 3, c. 71. The sole right and property of all new and original sculpture, models, copies and casts vested in the proprietors for fourteen years. Works published under the recited act vested in the proprietors for fourteen years. Persons putting forth pirated copies or pi rated casts may be prosecuted. same, that from and after the passing of this act, every person or persons who shall make or cause to be made any new and original sculpture, or model, or copy, or cast of the human figure or human figures, or of any bust or busts, or of any part or parts of the human figure, clothed in drapery or otherwise, or of any animal or animals, or of any part or parts of any animal, combined with the human figure or otherwise, or of any subject being matter of invention in sculpture, or of any alto or basso-relievo representing any of the matters or things hereinbefore mentioned, or any cast from nature of the human figure, or of any part or parts of the human figure, or of any cast from nature of any animal, or of any part or parts of any animal, or of any such subject containing or representing any of the matters and things hereinbefore mentioned, whether separate or combined, shall have the sole right and property of all and in every such new and original sculpture, model, copy and cast of the human figure or human figures, and of all and in every such bust or busts, and of all and in every such part or parts of the human figure, clothed in drapery or otherwise, and of all and in every such new and original sculpture, model, copy and cast representing any animal or animals, and of all and in every such work representing any part or parts of any animal combined with the human figure or otherwise, and of all and in every such new and original sculpture, model, copy and cast of any subject, being matter of invention in sculpture, and of all and in every such new and original sculpture, model, copy and cast in alto or basso-relievo, representing any of the matters or things herein before mentioned, and of every such cast from nature, for the term of fourteen years from first putting forth or publishing the same: provided, in all and in every case, the proprietor or proprietors do cause his, her or their name or names, with the date, to be put on all and every such new and original sculpture, model, copy or cast, and on every such cast from nature, before the same shall be put forth or published. 2. And be it further enacted, that the sole right and property of all works which have been put forth or published under the protection of the said recited act, shall be extended, continued to and vested in the respective proprietors thereof for the term of fourteen years, to commence from the date when such last-mentioned works respectively were put forth or published. 3. And be it further enacted, that if any person or persons shall, within such term of fourteen years, make or import, or cause to be made or imported, or exposed to sale, or otherwise disposed of, any pirated copy or pirated cast of any such new and original sculpture, or model or copy, or cast of the human figure or human figures, or of any such bust or busts, or of any such part or parts of the human figure, clothed in drapery or otherwise, or of any such work of any animal or animals, or of any such part or parts of any animal or animals combined with the human figure or otherwise, or of any such subject being matter of invention in sculpture, or of any such alto or basso-relievo representing any of the matters or things hereinbefore mentioned, or of any such cast from nature as aforesaid, whether such pirated copy or pirated cast be produced by moulding or copying from, or imitating in any way, any of the matters or things put forth or published under the protection of this act, or of any works which have been put forth or published under the protection of the said recited act, the right and property whereof is and are secured, extended and protected by this act, in any of the cases as aforesaid, to the detriment, damage or loss of the original or respective proprietor or proprietors of any such works so pirated; then and in all such cases the said proprietor or Damages and proprietors, or their assignee or assignees, shall and may, by double costs. and in a special action upon the case to be brought against the person or persons so offending, receive such damages as a jury on a trial of such action shall give or assess, together with double costs of suit. same. 4. Provided nevertheless, that no person or persons who Purchasers of shall or may hereafter purchase the right or property of any copyright senew and original sculpture or model, or copy or cast, or of cured in the any cast from nature, or of any of the matters and things published under or protected by virtue of this act, of the proprietor or proprietors, expressed in a deed in writing signed by him, her, or them respectively, with his, her or their own hand or hands, in the presence of and attested by two or more credible witnesses, shall be subject to any action for copying or casting or vending the same, any thing contained in this act to the contrary notwithstanding. 5. Provided always, and be it further enacted, that all Limitation of actions to be brought as aforesaid against any person or per- actions. sons for any offence committed against this act, shall be commenced within six calendar months next after the discovery of every such offence, and not afterwards. the maker of the ture, &c. shall 6. Provided always, and be it further enacted, that from An additional and immediately after the expiration of the said term of four- term of fourteen teen years, the sole right of making and disposing of such years, in case new and original sculpture, or model or copy, or cast of any original sculpof the matters or things hereinbefore mentioned, shall return to the person or persons who originally made or caused to be be living. made the same, if he or they shall be then living, for the further term of fourteen years, excepting in the case or cases where such person or persons shall by sale or otherwise have divested himself, herself or themselves, of such right of making |