INDE X. ABRIDGMENTS: when bona fide, do not infringe copyright, 188-192 ACCORD AND SATISFACTION: may be pleaded in action for libel, 568 ACCOUNT, see REMEDIES FOR Infringement of Copyright. in infringement of copyright, disentitles to relief in equity, 102 who may bring action, 538 when libel is on married woman, ib. on partners in trade, ib. on joint-stock company or corporation, ib. alien friend may sue, though domiciled abroad, 539 effect of joining too many plaintiffs, ib. nonjoinder or misjoinder of plaintiffs may be amended, ib. must be brought within six years, ib. venue may be laid in any county, 540 may be changed, ib. who are liable as defendants, ib. where there is a joint publication by several, ib. infant may be sued, 541 corporations and joint-stock companies may be sued, ib. husband and wife must be joined in actions for libels by wife, ib. introductory averments in declarations, 542, 548 forms of declaration, 543, 743 allegation of malice not necessary in declaration, 543 falsehood of libel should be alleged, ib. declaration must show a publication, ib. and state publication of and concerning plaintiff, 544 but not whole of libel, ib. must not omit any part material to sense, 545 several libels in one publication may be declared on in same count, 547 to explain ambiguity in language, 549 where libel is ironical, 551 to connect libel with plaintiff, 552 innuendo may put any construction on words of libel, 554 consequence of jury's negativing meaning put by innuendo, 554, 555 how damages may be claimed, 555 various kinds of defence open to defendant, 556 effect of plea of not guilty, 556, 587 defence in case of publication of parliamentary reports, &c. 557 ACTION FOR LIBEL (continued)— justification must be specially pleaded, 558 how pleaded, when charge is general, ib. general plea of, allowed, on condition of particulars being where charge in libel is specific, 561 may be pleaded to part of declaration, 562 of substance of libel is sufficient, 563 when defendant may plead or demur to part of libel, 564 defendant may justify words of libel with or without meaning defendant not allowed to justify other imputations in libel not set out previous publication of libel by another, no justification, ib. privilege sometimes specially pleaded, ib. plea of apology and payment into court, 566 whether other pleas can be pleaded with, 567 evidence of apology may be given in mitigation of damages, 568, 595. defendant may plead accord and satisfaction, 568 Statute of Limitations must be pleaded specially, ib. on wife, plea that she was not wife of male plaintiff, 569 plea in abatement rarely available, ib. defendant may demur to declaration, 570 how discovery is to be obtained, 571, 572 but defendant may refuse to answer where answer would tend to plaintiff may obtain inspection of documents, 574 and so may defendant, ib. express malice to rebut privilege, 579. (See MALICE.) evidence of damage, see DAMAGES. plaintiff may anticipate justification and rebut it, 585 defendant may prove omission by publisher of material portion of his libel published by plaintiff's contrivance, how far a defence to action, ib. record in a criminal case not admissible to prove or disprove truth of proof of apology and payment into court, 590 defendant may give evidence to negative actual malice and in mitigation whether evidence can be given as to existence of rumours to same effect proof of truth of imputations by defendant, 594 defendant cannot inquire into plaintiff's religious opinions, 594 evidence of plaintiff's conduct in provoking the libel may be given, ib. judge is not bound to state his opinion to jury, 595 proper question for jury, ib. bill of exceptions may be tendered, ib. when plaintiff should have damages separately assessed on several costs of successful party, 596. (See COSTS.) ACTION FOR LIBEL (continued)— jury should not be told what damages will carry costs, 597 leave to move, advantage of, 600 when defendant should move in arrest of judgment, ib. ACTS OF PARLIAMENT: copyright in, 41 ADAPTATION : to English stage of dramatic pieces published abroad, 140 comments upon, see CONTEMPTS (LIBELLOUS) and COMMENTS ON MATTERS ADVERTISEMENTS: in newspaper respecting stolen goods, prohibited under a penalty, on wrappers of magazines or reviews, payment of compositors for, 291, 292 for information, how far privileged, 431 comments on, protected, 454, 455 AFFIDAVITS: verifying certificate of publication of parliamentary papers being in moving for criminal information for libel, 503, 507 of defendant in mitigation of punishment, 534 of prosecutor in aggravation of punishment, 535 practice on reading, when defendant brought up for judgment, 533 AGENT: liability for libel published by, 518-521, 525, 526 AGGRAVATION OF PUNISHMENT: for libel, affidavits in, 535 AGGRIEVED: who is a person, within 5 & 6 Vict. c. 45, s. 14, 94, 123 ALIEN: acquisition of copyright here by, 23 whether residence in British dominions at date of publication is neces- residence by, in any part of British dominions, at date of publication is copyright of, in unpublished works, 36 friend may sue for libel, though domiciled abroad, 539 ALMANACS: copyright in, 39, 40 ALTERATION: of author's work before publication, 59, 60, 281 of painting, drawing, or photograph, after sale by author, 209 of registration of copyright in books, 92 designs, 618 of variance in proceedings for libel, 522, 577, 587 AMERICA: law of copyright in, 242–249. (See COPYRIGHT.) ANALYSIS, see ABRIDGMENTS. ANIMUS FURANDI: whether essential to piracy, 181-184 APOLOGY: with payment into court, plea of, in action for libel, 566 APOLOGY (continued)— whether other pleas can be pleaded with, 567 evidence of, may be given in mitigation of damages, 568, 595 how to be inserted in newspaper form of plea of, 745 notice of intention to give evidence of, in mitigation of damages, 745 between authors and publishers, see CONTRACTS BETWEEN AUTHORS, ARREST OF JUDGMENT: in criminal prosecutions for libel, 531, 532. (See PROSECUTIONS in action for libel, 600 ARTICLE: for periodical publication, see PERIODICALS. ARTIST: criticisms on works of, 456 reservation by, of copyright in sold painting, drawing, or photograph, form of, 721 agreement by, to assign copyright to vendee of painting, drawing, or form of, 722 ASSESSING DAMAGES : in action for libel, 595, 596. (See DAMAGES.) ASSIGNMENT OF COPYRIGHT, see TRANSFER OF COPYRIGHT. AUTHOR: who may be considered, 78, 79 of book, whether, in order to copyright, there must be a known, 77 right of, when contributor to a periodical, see PERIODICALS. false imputation of being, 454 remedy of, for inaccurate edition of his work, 281 proof of publication of libel against, 517 (See CONTRACTS BETWEEN AUTHORS, PUBLISHERS, PRINTERS, &C.) BAIL: when introductory, are necessary in indictment for libel, 523 need not be proved, 578 where person charged before justices with publication of libel, 512 effect of, on ownership of copyright, 149 of newspaper, 150 whether penalties for piracy of paintings, &c. are provable under, 228 meaning of, 107 BIBLE: copyright in English translation of the, 37, 38 BILL OF EXCEPTIONS: may be tendered in action for libel, 595 BLACK LIST: liability for publication in, 461, 462 BLASPHEMOUS CONTRACT: BLASPHEMOUS PUBLICATIONS: common law decisions as to, 299, 300 what forms of religion may be attacked, 303 definition of, in New York criminal code, 304, 305 prosecution for publication of Shelley's poems, 307–309 how punishable, 310. (See PROSECUTIONS (CRIMINAL) FOR LIBEL.) justification not allowed in prosecutions for, 528 copies of, may be seized after verdict or judgment by default, 536 BOARD OF GUARDIANS: reports of meetings of, 490 BOARD OF TRADE: BOOK: may extend duration of copyright in designs, 609 may extend period for which designs may be provisionally registered, 620 meaning of, within Copyright Act, 75 duration of copyright in, 76, 77 whether, in order to copyright, there must be a known author, 77 how far originality is required in order to confer copyright, 79, 80 copyright in engravings forming part of, 85 copyright may be of part of, 85 registration of copyright in, 86-88 delivery of copies of, to libraries, 94-96 consequence of non-delivery, 96 power of Privy Council to license publication of, 97 registration of copyright in, under International Copyright Act, 134 |