and every such contract or agreement as aforesaid shall moreover be absolutely void and 21 April 1908. of no effect. 3. Nothing herein contained shall extend, or be construed to extend to any contract or agreement, made or entered into or accepted, by any incorporated company, where such contract or agreement shall be made for the general benefit of such incorporation or company; nor to the purchase or sale of bills of exchange or other property by any member of congress, where the same shall be ready for delivery, and for which payment shall be made at the time of making or entering into the contract or agreement. Ibid. 2. Exceptions. Ibid. 2 3. 4. In every such contract or agreement to be made or entered into, or accepted as aforesaid, there shall be inserted an express condition that no member of congress shall Every public con be admitted to any share or part of such contract or agreement, or to any benefit to arise tract to contain thereupon.(a) such a stipulation. Ibid. 4. 5. If any officer of the United States, on behalf of the United States, shall directly or indirectly make or enter into any contract, bargain or agreement, in writing or other- Penalty for mak wise, other than such as are herein excepted, (b) with any member of congress, such ing contracts officer so offending, on conviction thereof before any court having jurisdiction thereof, shall be deemed and taken to be guilty of a high misdemeanor, and be fined in a sum of three thousand dollars. with members. Ibid. 5. contracts to be 6. It shall be the duty of the secretary of the treasury, secretary of war, secretary of the navy and the postmaster-general, annually, to lay before congress, a statement of all Annual statethe contracts which have been made in their respective departments, during the year ments of public preceding such report, exhibiting in such statement the name of the contractor, the laid before conarticle or thing contracted for, the place where the article was to be delivered, or the gress. thing performed, the sum to be paid for its performance or delivery, the date and duration of the contract. 2 Stat. 536. Contracts and purchases to be 7. All purchases and contracts for supplies or services which are or may, according to 3 March 1809 § 5. law, be made by or under the direction of either the secretary of the treasury, the secretary of war or the secretary of the navy,(c) shall be made either by open purchase, or by previously advertising for proposals respecting the same:(d) and an annual statement by open purchaso of all such contracts and purchases, and also of the expenditure of the moneys appro- for proposals. or by advertising priated for the contingent expenses of the military establishment, for the contingent expenses of the navy of the United States, and for the discharge of miscellaneous claims Annual report to not otherwise provided for, and paid at the treasury, shall be laid before congress at the beginning of each year, by the secretary of the proper department. congress. 8 Stat. 568. 8. No contract shall hereafter be made by the secretary of state, or of the treasury, or 1 May 1820 3 6. of the department of war, or of the navy, except under a law authorizing the same, or under an appropriation adequate to its fulfilment; (e) and excepting also, contracts for No contract to be the subsistence and clothing of the army or navy, and contracts by the quartermaster's under a law or department, which may be made by the secretaries of those departments.(g) 9. No land shall be purchased on account of the United States, except under a law authorizing such purchase.() made except an appropriation. Ibid. 27. 5 Stat. 795. &c.. to be adver 10. In all cases where proposals for any contract or contracts, to be made by any of 3 March 1845212 the executive departments or bureaus, and in all cases where notices of any description, issuing from the same, are now required by law to be advertised, the same shall be How proposals, advertised by publication in the two newspapers, in the city of Washington, having the tised. largest permanent subscription, and at the discretion of the executive in any third paper that may be published in said city: Provided, That the charges for such publications shall not be higher than such as are paid by individuals for advertising in said papers : And provided also, That the same publications shall be made in each of said papers equally as to frequency.(i) 11. That the work and materials furnished by contract for said building, (k) and like- 31 Aug. 1852 ? 1 wise the materials for the extension of the capitol, be measured agreeably to the original 10 Stat. 93. contracts, and that no further payments be made until the measurement is made and Contracts in Disreported. The contracts and the proposals to be put in the hands of the measurer, and he (a) This section is merely directory; and an omission to insert such provision does not render the contract void. Crown v. United States. Dev. C. C. 44-5. (b) This forbids the employment of members of congress as as-istant counsel to the district attorneys of the United States. 2 Opin. 38. (c) See tit. "Navy," 182. (d) Where the public exigencies do not require the immediate delivery of the article or performance of the service, in such cases, it is necessary previously to advertise for proposals respecting the same, unless the article be a steamboat or some similar structure. Where immediate delivery is necessary to the wauts of the public service, the article required must be obtained by open purchase, that is, at places where articles of the description wanted are usually bought and sold, and in the mode in which such purchases are ordinarily made between individuals. 2 Opin. 257. 3 Ibid. 437. 6 Ibil. 99. It seems, that if the provisions of the law requiring contracts to be advertised, are disregarded, the con trict of Columbia. tracts, while they remain executory, and without commencement (g) The secretary of the navy having power, by this act, to con tract for clothing and subsistence, must, of necessity, when these supplies are to be furnished in places where there is no permanent agent, have the power to appoint a special agent to perform the duty, 2 Opin. 320. By act 26 August 1842, contracts for the navy are to be made under regulations to be prescribed by the execu tive. 5 Stat. 535. (h) This act does not prevent the acquisition of the legal title to land by the United States, when taken as security for a debt, by the proper officer, though not specially required or authorized by any particular act of congress. Neilson v. Lagow, 12 How, 98. See 4 Opin. 534. 5 Ibid. 15. (i) See 5 Opin. 144-5. Ibid. 566. 31 August 1852. or they to be sworn, before entering on duty, to examine and measure and report every Dasured. vouchers. part of the work and materials without deviation from the contracts and proposals; and if it be shown that any extra materials are used, they to be rated at the pro rata price Work, &c., to be for materials only, and entered in a separate column of the account. And the same rule of measurement to be applied to all other buildings and other public works and contracts in this district. And it shall be the duty of the comptroller of the treasury to arrest and stop any voucher not made in form and in accordance with the terms of Penalty for false the contract against which it is drawn. And it is hereby made a penal offence for every measurer and inspector of work, or disbursing officer, to make, or present, or to pass, or attempt to pass any falsely made or fictitious voucher to draw money from the treasury on any contract or accounts whatever; and that all contracts shall hereafter be advertised at least sixty days before letting; and that all contracts now existing in relation to building the additions to the capitol, as well as the patent office, not made according to law, are hereby cancelled, at the end of sixty days, and notice of the same shall be Contracts to be given in all the newspapers in the city of Washington; and that all contracts of every description which have been made without public notice having been given, where notice was required, shall be cancelled after sixty days' notice having been given in the news papers of this city: Provided also, That good and sufficient security shall be given for twice the amount of money at any time to be advanced to the contractor, under any Opening of bid- contract; and that bids shall be opened in presence of the bidders, if they, or any one dings. of them, should be present, and that notice to that effect shall be given in the advertiseContracts with- ment for proposals, to be published agreeably to this proviso. And all contracts made tion, void. without an appropriation of money for an object, the subject of a contract, are hereby cancelled and declared void. advertised. Security to be given. out appropria 30 June 1834 21. 4 Stat. 739. Treatment of convicts in state prisous. ? 3 March 1835 5. 4 Stat. 777. 3. May be confined in a penitentiary ont of the proper district. 4. Transfer of convicts in Ohio and Illinois. 1. Whenever any criminal convicted of any offence against the United States, shall be imprisoned, in pursuance of such conviction, and of the sentence thereupon, in the prison or penitentiary of any state or territory, such criminal shall in all respects be subject to the same discipline and treatment, as convicts sentenced by the courts of the state or territory in which such prison or penitentiary is situated; and while so confined therein, shall also be exclusively under the control of the officers having charge of the same, under the laws of the said state or territory. 2. Whenever any person shall be convicted of any offence against the United States which is punishable by fine and imprisonment, or by either, it shall be lawful for the May be sentenced court by which the sentence is passed, to order the sentence to be executed in any house to houses of correction, &c. of correction, or house of reformation for juvenile delinquents, within the state or district where such court is holden, the use of which shall be allowed and authorized by the Expenses, how legislature of the state for such purpose. And the expenses attendant upon the execution of such sentence shall be paid by the United States. borne. 28 March 185681. 11 Stat. 2. May be confined in a penitentiary out of the proper district. Ibid. § 2. Transfer of con 3. Where any judicial district has been or may hereafter be divided, the circuit and district courts of the United States shall have power to sentence any one convicted of an offence punishable by imprisonment and hard labor, to the penitentiary within the state, though it be out of the judicial district in which the conviction is had. 4. That the said courts in the northern district of Ohio, and in the northern district of Illinois, be authorized to transfer to the penitentiary of the respective states any prisoner victs in Ohio and or prisoners who may now be confined in jail in either district, whose offence by law is punishable by confinement to hard labor in the penitentiary. Illinois. 4 Stat. 436. of publishing, authors, &c., and their assignees 1. Any person or persons, being a citizen or citizens of the United States, or resident 3 Feb. 1831 1. therein, who shall be the author or authors (a) of any book or books, (b) map, chart, or musical composition, (c) which may be now made or composed, and not printed and pub- Exclusive right lished, or shall hereafter be made or composed, or who shall invent, design, etch, engrave, &c., vested in work or cause to be engraved, etched or worked from his own design, (d) any print or engraving, and the executors, administrators or legal assigns of such person or persons, shall have the sole right(e) and liberty of printing, reprinting, publishing and vending such book or books, map, chart, musical composition, print, cut or engraving, in whole or in part, for the term of twenty-eight years from the time of recording the title there- Period. of, in the manner hereinafter directed. Ibid. 4. the clerk of the , Record thereof. 2. No person shall be entitled to the benefit of this act, unless he shall, before publication, deposit a printed copy of the title of such book or books, map, chart, musical Copy of title to be composition, print, cut, engraving, in the clerk's office of the district court of the district deposited with wherein the author or proprietor shall reside, (g) and the clerk of such court is hereby district court. directed and required to record the same thereof forthwith, in a book to be kept for that purpose, in the words following (giving a copy of the title, under the seal of the court, to the said author or proprietor, whenever he shall require the same): “District of – to wit: Be it remembered, that on the day of Anno Domini· -, A. B. of the said district, hath deposited in this office the title of a book (map, chart or otherwise, as the case may be), the title of which is in the words following, to wit: (here insert the title ;) the right whereof he claims as author (or proprietor as the case may be); in conformity with an act of congress, entitled 'An act to amend the several acts respecting copyrights.' C. D., clerk of the district." For which record the clerk shall be entitled to receive, from Fees. the person claiming such right as aforesaid, fifty cents; and the like sum for every copy, under seal, actually given to such person or his assigns. And the author or proprietor Copy to be de of any such book, map, chart, musical composition, print, cut or engraving, shall, within three months three months from the publication of said book, map, chart, musical composition, print, from publication. cut or engraving, deliver or cause to be delivered a copy of the same to the clerk of said district. And it shall be the duty of the clerk of each district court, at least once in List and copies every year, to transmit a certified list of all such records of copyright, including the to be annually titles so recorded, and the dates of record, and also all the several copies of books or the state depart other works deposited in his office according to this act, to the secretary of state, to be preserved in his office. (a) Any new and original plan, arrangement or combination of materials, will entitle the author to a copyright therein, whether the materials themselves be new or old. Emerson v. Davies, 3 Story, 768. But the act is for the encouragement of learning, and was not intended for the encouragement of mere industry, unconnected with learning and the sciences. Clayton v. Stone, 2 Paine, 383. A reporter can have no copyright in the written opinions delivered by the court. Wheaton v. Peters, 8 Pet. 591. But he may in his marginal notes, and in the arguments of counsel as prepared and arranged in his work. Gray v. Russell, 1 Story, 11. (b) A newspaper or price-current is not such a publication as falls under the protection of the copyright law. But a literary production, to be the subject of copyright, need not be a book in the common and ordinary acceptation of the term-a volume written or printed, made up of several sheets and bound together. It may be printed on one sheet, as the words of a song, or the music accompanying it. Clayton v. Stone, 2 Paine, 382. (c) A musical composition, to be the subject of a copyright, must be substantially a new and original work; not a copy of a piece already produced, with additions or variations, which a writer of livered within transmitted to ment. music, with experience and skill, might readily make. Jollie v. Jaques, 1 Blatch. 618. (d) To entitle one to a copyright of a print, he must either have invented and designed, and also executed the engraving; or from his own works and inventions have caused it to be engraved by others. Binns v. Woodruff, 4 W. C. C. 48. The natural objects from which a chart is made, being open to the examination of all, a copyright cannot subsist in a chart as a general subject. A right in such a subject is violated only when another copies from the chart of him who has secured the copyright, and thereby avails himself of his skill and labor. Blunt v. Patten, 2 Paine, 393, 397. See Gray v. Russell, 1 Story, 11. An artist employed by the United States to engrave a chart, prepared by an officer of the army, has no pretence of right to a copyright in the plates or impressions. 7 Opin. 656. (e) In the United States, an author has no exclusive property in a published work, except under some act of congress; it does not exist at common law. Wheaton v. Peters, 8 Pet. 591. See Jefferys v. Boosey, 30 Eng. L. & Eq. 1. Dudley v. Mayhew. 3 Comst. 9. (g) An author obtains no exclusive right. unless he complies with this provision. Wheaton v. Peters, 8 Pet. 591. Ewen v. Coxe, 4 W. C. C. 487. Jollie v. Jacques, 1 Blatch. €18. 8 Feb. 1831 25. Notice of copy. ed on title, &c. 3. No person shall be entitled to the benefit of this act, unless he shall give information of copyright being secured, by causing to be inserted, in the several copies of each right to be print- and every edition published during the term secured, on the title-page, or the page immediately following, if it be a book, or, if a map, chart, musical composition, print, cut or engraving, by causing to be impressed on the face thereof, or if a volume of maps, charts, music or engravings, upon the title or frontispiece thereof, the following words, viz.: 64 Entered according to act of congress, in the year by A. B., in the clerk's office of the district court of (as the case may be). (a) 4. The author or proprietor of any book, map, chart, musical composition, print, cut or engraving, for which a copyright shall be secured under the existing acts of congress, or those which shall hereafter be enacted respecting copyrights, shall, within three months from the publication of said book, map, chart, musical composition, print, cut or engraving, deliver, or cause to be delivered, one copy of the same to the librarian of the Smithsonian Institution, and one copy to the librarian of Congress Library, for the use of the said libraries. (b) 10 Aug. 1846 10. 9 Stat. 106. Copies to be sent to Smithsonian Institution and congressional library. 3 Feb. 1831 3 2. 4 Stat. 436. to be renewed. II. RENEWALS OF COPYRIGHTS 5. If, at the expiration of the aforesaid term of years, such author, inventor, designer, engraver or any of them, where the work had been originally composed and made by When copyright more than one person, be still living, and a citizen or citizens of the United States, or resident therein, or being dead, shall have left a widow or child, or children, either or all then living, the same exclusive right shall be continued to such author, designer or engraver, or if dead, then to such widow and child, or children, for the further term of fourteen years: (c) Provided, That the title of the work so secured shall be a second time recorded, and all such other regulations as are herein required in regard to original copyrights, be complied with in respect to such renewed copyright, and that within six months before the expiration of the first term. Record. Ibid. 23. 6. In all cases of renewal of copyright under this act, such author or proprietor shall, Copy of record to within two months from the date of said renewal, cause a copy of the record thereof to be published. be published in one or more of the newspapers printed in the United States, for the space of four weeks. 30 June 1831 21. 4 Stat. 728. be acknowledged and recorded. III. ASSIGNMENTS OF COPYRIGHTS. 7. All deeds or instruments in writing (d) for the transfer or assignment of copyrights, (e) being proved or acknowledged in such manner as deeds for the conveyance of land, are Assignments to required by law to be proved or acknowledged in the same state or district, shall and may be recorded in the office where the original copyright is deposited and recorded; and every such deed or instrument that shall in any time hereafter be made and executed, and which shall not be proved or acknowledged and recorded as aforesaid, within sixty days after its execution, shall be judged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration without notice. Ibid. 22. Fees for recording. 15 Feb. 1819 1. 3 Stat. 481. Jurisdiction of the circuit courts. Power to grant injunctions. Appeals. 8. The clerk of the district court shall be entitled to such fees for performing the services herein authorized and required, as he is entitled to for performing like services under existing laws of the United States. IV. REMEDIES FOR VIOLATION OF COPYRIGHT. 9. The circuit courts of the United States shall have original cognisance, as well in equity as at law, of all actions, suits, controversies and cases, arising under any law of the United States, granting or confirming to authors or inventors (g) the exclusive right to their respective writings, inventions and discoveries: and upon any bill in equity, filed by any party aggrieved in any such cases, shall have authority to grant injunctions, according to the course and principles of courts of equity, (h) to prevent the violation of the rights of any authors or inventors, secured to them by any laws of the United States, on such terms and conditions as the said courts may deem fit and reasonable: Provided however, That from all judgments and decrees of any circuit courts, rendered in the premises, a writ of error or appeal, as the case may require, shall lie to the supreme court of the United States, in the same manner and under the same circumstances as is now provided by law, in other judgments and decrees of such circuit courts. (a) See King v. Force, 2 Cr. C. C. 208–9. (b) It seems, that this section does not make the delivery of copies of a work, to the librarian of the Smithsonian Institution, and to the librarian of the congressional library, a prerequisite to a title to a copyright for the work. Jollie z Jacques, 1 Blatch. 618. (c) This further term of fourteen years does not pass by an assignment of the copyright; the author, if alive at the expiration of the first term, has the sole right in the additional term. Pierpont v. Fowle, 2 W. & M. 24. Curtis on Copyright, 234-5. (d) A copyright, or an interest therein. can be assigned or relinquished only by writing. Gould v. Banks, 8 Wend. 562. (e) A copyright is not the subject of seizure and sale in execution; and therefore the sale of a copperplate for a map, on an execution against the owner of the copyright of the map, does not pass to the purchaser a right to use the copperplate to print such maps. Stephens v. Cady, 14 How. 528. (g) This is supplied as to patent cases by act 4 July 1836 17. 5 Stat. 124. (h) This act does not alter the principles on which injunctions are granter, but merely extends the jurisdiction of the circuit courts to parties not before falling within it. Sullivan v. Redfield, 1 Paine, 441. An account of profits may be decreed as incidental to the relief by injunction, but it must be prayed for in the bill. Such account cannot embrace penalties. Stevens r. Cady, 2 Curt. C. C. 200. An injunction was refused where the author had published the parts pirated in a public newspaper. Miller v. McElroy, 2 Penn. L. J. 305. 4 Stat. 437. Intion of copy 10. If any other person or persons, from and after the recording the title of any book 3 Feb. 1831 36. or books, according to this act, shall, within the term or terms herein limited, print, publish or import, or cause to be printed, published or imported, any copy of such book or Penalty for viobooks, (a) without the consent of the person legally entitled to the copyright thereof, first right. had and obtained in writing, signed in presence of two or more credible witnesses, or shall, knowing the same to be so printed or imported, publish, sell or expose to sale, or cause to be published, sold or exposed to sale, any copy of such book without such consent in writing; then such offender shall forfeit every copy of such book to the person legally, at the time, entitled to the copyright thereof; and shall also forfeit and pay fifty cents for every such sheet which may be found in his possession, (b) either printed or printing, published, imported or exposed to sale, contrary to the intent of this act, the one moiety thereof to such legal owner of the copyright as aforesaid, and the other to the use of the United States, to be recovered by action of debt in any court having competent jurisdiction thereof. Ibid. 7. 11. If any person or persons, after the recording the title of any print, cut or engraving, map, chart or musical composition, according to the provisions of this act, shall, For infringement within the term or terms limited by this act, engrave, etch or work, sell or copy, or as to prints, maps, charts cause to be engraved, etched, worked or sold, or copied, either on the whole, or by vary- and musical compositions ing, adding to, or diminishing the main design with intent to evade the law; or shall print or import for sale, or cause to be printed or imported for sale, any such map, chart, musical composition, print, cut or engraving, or any parts thereof, without the consent of the proprietor or proprietors of the copyright thereof, first obtained in writing, signed in the presence of two credible witnesses; or, knowing the same to be so printed or imported without such consent, shall publish, sell or expose to sale, or in any manner dispose of any such map, chart, musical composition, engraving, cut or print, without such consent, as aforesaid; then such offender or offenders shall forfeit the plate or plates on which such map, chart, musical composition, engraving, cut or print, shall be copied, and also all and every sheet thereof so copied or printed as aforesaid, to the proprietor or proprietors of the copyright thereof; (c) and shall further forfeit one dollar for every sheet of such map, chart, musical composition, print, cut or engraving, which may be found in his or their possession, printed or published, or exposed to sale, contrary to the true intent and meaning of this act; the one moiety thereof to the proprietor or proprietors, and the other moiety to the use of the United States, to be recovered in any court having competent jurisdiction thereof. Ibid. § 8. 12. Nothing in this act shall be construed to extend to prohibit the importation or vending, printing or publishing, of any map, chart, book, musical composition, print or Not to prohibit engraving, written, composed or made, by any person not being a citizen of the United importation of States, nor resident within the jurisdiction thereof. V. PROTECTION OF MANUSCRIPTS. productions of aliens. 4 Stat. 438. authorized pub scripts. 13. Any person or persons who shall print or publish any manuscript whatever (d) 3 Feb. 1851 8 9. without the consent of the author (e) or legal proprietor first obtained as aforesaid, (g) (if such author or proprietor be a citizen of the United States, or resident therein), shall Penalty for unbe liable to suffer and pay the author or proprietor, all damages occasioned by such lication of manu injury, to be recovered by a special action on the case founded upon this act, in any court having cognisance thereof; and the several courts of the United States empowered Courts may grant injunctions. to grant injunctions to prevent the violation of the rights of authors and inventors, are hereby empowered to grant injunctions, in like manner, according to the principles of equity, to restrain such publication of any manuscript as aforesaid. VI. COPYRIGHT IN DRAMATIC COMPOSITIONS. 14. Any copyright hereafter granted under the laws of the United States to the author 18 Aug. 1856 ? 1. or proprietor of any dramatic composition, designed or suited for public representation, (a) It seems that an abridgment, in which there is a substantial condensation of the materials of the original work, and which requires intellectual labor and judgment, does not constitute a piracy of copyright. Folsom v. Marsh, 2 Story, 100. Story's Executors r. Holcombe, 4 McLean, 306. Stowe v. Thomas, 2 Wall. Jr. 566. It is otherwise with a mere compilation. Story's Executors v. Holcombe, 4 McLean, 306. And see Gray v. Russell, 1 Story, 11. 3 Am. L. R. 129. So a prose translation (having no qualities of a paraphrase) of a copyright prose romance, which the author had herself caused to be translated in a way she liked, and copyrighted, was held not to be an infringement of the author's copyright of the original work. Stowe v. Thomas, 2 Wall. Jr. 547. A Copyright is given for the contents of a work, not for its mere title; the title is an appendage to the work, and if the latter is not protected by a copyright, the former is not. Jollie v. Jaques, 1 Blatch. 618. To constitute a piracy of copyright, it must be shown that the original work has been either substantially copied, or has been so imitated as to be a mere evasion of the copyright. Emerson v. Davies, 3 Story, 768. (b) The penalty can be adjudged only for the sheets found in the possession of the defendant. Backus v. Gould, 7 How. 798. 11 Stat. 138. (c) This forfeiture cannot be decreed on a bill for an injunction Stevens v. Cady, 2 Curt. C. C. 200. (d) An author has a common law right in his manuscript, and this statute gives him a remedy by injunction to restrain the publication of it. Little v. Hall, 18 How. 170. Bartlette v. Crittenden, 4 McLean, 300. S. C., 5 Ibid. 32. Private letters are within the statute. Bartlett v. Crittenden, 5 McLean, 32. And the writer is entitled to an injunction to restrain the improper use of them, by the person to whom they are directed. United States v. Tanner, 6 Ibid. 128. (e) A person who uses his own manuscripts for the purpose of instructing others, does not thereby abandon them to the public. Nor does he abandon them, when his pupils are permitted to take copies. Such copies being intended for the purpose of instruction as used, can be applied to no other purpose. Bartlette v. Crittenden, 4 McLean. 300. (g) The government has, perhaps, a right to publish official letters addressed to it, or to any of its departments, by public officers; but no private person has such a right, without the sanction of the government. Folsom v. Marsh, 2 Story, 100 |