The sections of the statute which prohibit and punish any violation of the rights conferred by the statute, will be found in our notes. (z) The section following these recognizes the rights of any author or proprietor in his unpublished manuscript. (a) resident therein, or his widow or children, if he be dead, shall have the exclusive right continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term. And such person shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers printed in the United States, for the space of four weeks."

(x) Pierpont v. Fowle, 2 Wood. & M. 42. Says Woodbury, J.: "The copyright is given in the statute to the author alone, and to others only who purchase from him. By construction, then, we should not extend it beyond the words and design of the statute made to benefit authors, unless it seems to be actually meant by the author to be transferred forever, and including any future contingency, and a clear and adequate consideration paid for the extended term." In this case, a publisher agreed with an author that the latter should prepare a certain book for the press, and the publisher agreed to pay a certain sum " for the copyright of the said book." It was held, that the first term only passed to the publisher. See also Rundell v. Murray, Jac. 315.

(y) Carnan v. Bowles, 2 Bro. Ch. R. 80.'

(yy) See post, section on Infringement. (z) Act 1860, § 99. " If any person, after the recording of the title of any book as herein provided, shall, within the term limited, and without the consent of the proprietor of the copyright first obtained in

(a) Act 1870, § 102. "Any person who shall print or publish any manuscript whatever, without the consent of the author or proprietor first obtained (if such author or proprietor be a citizen of the United States, or resident therein), shall be liable to said author or proprietor for all damages occasioned by such injury, to be recovered by action on the case, in any court of competent jurisdiction." ap

It is entirely impossible to lay down a definite rule which shall determine, in all cases, whether a copyright has been infringed. Absolute originality is very, very rare.

Nevertheless a man who produces what has in it a disap tinct * element of novelty, must be protected in the rights which the law gives him to the profits arising from his work.

Plagiarism is one thing; piracy, another. They may be separated, not by a sharply-defined line, but by a wide "Debatable Land." But they must be distinguished in some way. On the one hand, every writer must be permitted to use sentiments, descriptions, definitions, or expressions, which in their very nature are common property, and therefore not subject to any exclusive right; and mere imitation is pardonable, because, in the matter of copyright as of patent, resemblance is not the question, but identity. And, on the other hand, every author is entitled to the fruits which the law permits him to reap from the fields he has himself cultivated. The product of his own intellectual labor is made by the law of copyright his own property, as much as common law makes the product of his manual labor to be so. (b) 1 writing, signed in presence of two or more witnesses, print, publish, or import, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such book, such offender shall forfeit every copy thereof to said proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor, in any court of competent jurisdiction." § 100. "If any person, after the recording of the title of any map, chart, musical composition, print, cat, engraving or photograph or chromo, or of the description of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as a work of the fine arts, as herein provided, shall, within the term limited, and without the consent of the proprietor of the copyright first obtained in writing, signed in presence of two or more witnesses, engrave, etch, work, copy, print, publish, or import, either in whole or in part, or by varying the main design with intent to evade the law, or, knowing the same to be so printed, published, or imported, shall sell or expose to sale any copy of such map or other article, as aforesaid, he shall forfeit to the said proprietor all the plates on which the sane shall be copied, and every sheet thereof, either copied or printed; and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported or exposed for sale; and, in case of a painting, statue, or statuary, he shall forfeit ten dollars for every copy of the same in his possession, or which have by him been sold or exposed for sale: one moiety thereof to the proprietor, and the other to the use of the United States, to be recovered by action in any court of competent jurisdiction." § 101. "Any person publicly performing or representing any dramatic composition for which a copyright has been obtained, without the consent of the proprietor thereof, or his heirs or assigns, shall be liable in damages therefor, to be recovered by action in any court of competent jurisdiction; said damages in all cases to be assessed at such sum, not less than one hundred dollars for the first, and fifty dollars for every subsequent, performance, as to the court shall appear to be just.'

(b) This distinction is well expressed by V ice-Chancellor James in Pike v. Nich1 An author's or publishers right, under the copyright law, is infringed only when other persons produce a substantial copy of the whole or of a material part of the book or