Copyright Act 1842
Encyclopedia
The Copyright Act 1842 was an Act of Parliament
in the United Kingdom
, which received the Royal Assent
on 1 July 1842 and was repealed in 1911. It revised and consolidated the copyright law of the United Kingdom
.
Where copyright already existed in a work under earlier legislation, it was to be extended to that provided for by the new act, except that if the copyright had been sold it would lapse at the end of the present term of copyright, unless an extension was agreed to by both the proprietor and the author. This ensured that authors would have the opportunity to be compensated for the fact that rights they had sold some years previously, possibly for a fixed sum, had become substantially more valuable.
In an early form of a compulsory license
, the Privy Council was given the authority to authorize the republication of any book which the proprietor refused to publish after the death of the author.
Copyright in encyclopedias, magazines, periodicals, and series works was to be vested in the proprietors as though they were themselves the authors, saving that essays, articles, &c. first published as part of a collected periodical work, the republication right was to revert to the original author after twenty-eight years and continue for the remainder of the term.
The Act extended to dramatic works, previously covered by the Dramatic Copyright Act 1833, and to their "right of representation" which was to have the same term as copyright. The copyright and the right of representation of a dramatic work could be assigned separately. The Act also extended to musical works, and extended the provisions of the 1833 Act to cover such works.
Copyrights were declared to be personal property, and thus capable of bequest
.
, at the expense of the publisher. The Bodleian Library
, Cambridge University Library
, the Advocates' Library
and the Trinity College Library, Dublin
, were all empowered to demand copies, which were to be delivered within a month of receiving the demand.
A registry of copyrights was to be kept at Stationers' Hall, and an entry was to be taken as prima facie proof of proprietorship; an assignation of copyright recorded in the register was to be considered as having the force of a legal deed. Entry in the register was a necessary precondition to suing under the Act, but an omission did not affect the legal title, simply the ability to sue.
The Act extended throughout the British Empire. It was repealed by sections 36 and 37(2) of, and schedule 3 to, the Copyright Act 1911
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, which received the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 1 July 1842 and was repealed in 1911. It revised and consolidated the copyright law of the United Kingdom
Copyright law of the United Kingdom
The modern concept of copyright originated in the United Kingdom, in the year 1710, with the Statute of Anne.The current copyright law of the United Kingdom is to be found in the Copyright, Designs and Patents Act 1988 , as amended...
.
Duration of copyright
It repealed the former Copyright Acts, and provided that in future the copyright of every book published in the lifetime of its author would endure for the remainder of the author's life and for a further seven years after their death. If this period was less than forty-two years from the first publication, then the copyright would persist for a full forty-two years regardless of the date of their death. Any work published after the author's death would remain the copyright of the owner of the manuscript for the same forty-two year period.Where copyright already existed in a work under earlier legislation, it was to be extended to that provided for by the new act, except that if the copyright had been sold it would lapse at the end of the present term of copyright, unless an extension was agreed to by both the proprietor and the author. This ensured that authors would have the opportunity to be compensated for the fact that rights they had sold some years previously, possibly for a fixed sum, had become substantially more valuable.
In an early form of a compulsory license
Compulsory license
A compulsory license, also known as statutory license or mandatory collective management, provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of arbitration.- Copyright law :In a number of countries...
, the Privy Council was given the authority to authorize the republication of any book which the proprietor refused to publish after the death of the author.
Copyright in encyclopedias, magazines, periodicals, and series works was to be vested in the proprietors as though they were themselves the authors, saving that essays, articles, &c. first published as part of a collected periodical work, the republication right was to revert to the original author after twenty-eight years and continue for the remainder of the term.
The Act extended to dramatic works, previously covered by the Dramatic Copyright Act 1833, and to their "right of representation" which was to have the same term as copyright. The copyright and the right of representation of a dramatic work could be assigned separately. The Act also extended to musical works, and extended the provisions of the 1833 Act to cover such works.
Copyrights were declared to be personal property, and thus capable of bequest
Bequest
A bequest is the act of giving property by will. Strictly, "bequest" is used of personal property, and "devise" of real property. In legal terminology, "bequeath" is a verb form meaning "to make a bequest."...
.
Library deposit and registration
One copy of any book printed after the Act came into force was to be submitted within one month of publication to the British MuseumBritish Museum
The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...
, at the expense of the publisher. The Bodleian Library
Bodleian Library
The Bodleian Library , the main research library of the University of Oxford, is one of the oldest libraries in Europe, and in Britain is second in size only to the British Library...
, Cambridge University Library
Cambridge University Library
The Cambridge University Library is the centrally-administered library of Cambridge University in England. It comprises five separate libraries:* the University Library main building * the Medical Library...
, the Advocates' Library
Advocates' Library
The Advocates' Library is a law library belonging to the Faculty of Advocates in Edinburgh, founded in 1682. Until 1925 it was the deposit library for Scotland, after which the role was taken on by the National Library of Scotland....
and the Trinity College Library, Dublin
Trinity College Library, Dublin
Trinity College Library Dublin, the centrally-administered library of Trinity College, Dublin, is the largest library in Ireland. As a "copyright library", it has legal deposit rights for material published in the Republic of Ireland; it is also the only Irish library to hold such rights for the...
, were all empowered to demand copies, which were to be delivered within a month of receiving the demand.
A registry of copyrights was to be kept at Stationers' Hall, and an entry was to be taken as prima facie proof of proprietorship; an assignation of copyright recorded in the register was to be considered as having the force of a legal deed. Entry in the register was a necessary precondition to suing under the Act, but an omission did not affect the legal title, simply the ability to sue.
Copyright infringement
Any pirated copies of work were forfeit, to become the property of the proprietor of the copyright, and could be recovered from their publisher by legal action. All editions published outside British jurisdiction were illegal; only the copyright proprietor was permitted to import them, and any unauthorized imports were likewise forfeit. Any illegally imported copies could be seized by customs agents, and fined on conviction at a rate of £10 plus double the value of each copy of the book.The Act extended throughout the British Empire. It was repealed by sections 36 and 37(2) of, and schedule 3 to, the Copyright Act 1911
Copyright Act 1911
The Copyright Act 1911, also known as the Imperial Copyright Act of 1911, is an Act of the Parliament of the United Kingdom which received Royal Assent on 16 December 1911. The act established copyright law in the UK and the British Empire...
.