But this question is now settled, and it is * certain that ae no author has any right in or to his work after it is published, which courts can respect, except that which is given him by statute.1 It is expressly held that Congress, in the statute of copyright, created a new right, and did not sanction an existing right. (bb)

The present statute leaves the former law much as it was, excepting the important change it makes in the manner of securing a copyright. We give, in our notes, the sections defining what may be the subject of a copyright; the length of time during which the copyright is in force ; the manner in which the copyright may be obtained; and what the proprietor must do to enable himself to maintain an action for infringement of his right. (c)

(66) Wheaton v. Peters, 8 Pet. 593, supra.

(c) Act 1870, § 86, "Any citizen of the United States, or resident therein, who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph, or negative thereof, or of a painting, drawing, chro-mo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and his executors, administrators, or assigns, shall, upon complying with the provisions of this act, have the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same; and, in the case of a dramatic composition, of publicly performing or representing it, or causing it to be performed or represented by others; and authors may reserve the right to dramatize or to translate their own works." § 87. "Copyrights shall be granted for the term of twenty-eight years from the time of recording the title thereof, in the manner hereinafter directed." § 88. "The author, inventor, or designer, if he be still living, and a citizen of the United States, or resident therein, or his widow or children, if he be dead, shall have the same 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." § 90. "No person shall be entitled to a copyright unless he shall, before publication, deposit in the mail a printed copy of the title of the book or other article, or a description of the painting, drawing, chromo, statue, statuary, or model or design for a work of the fine arts, for which he desires a copyright, addressed to the Librarian of Congress, and, within ten days from the publication thereof, deposit in the mail two copies of such copyright book or other article; or in case of a painting, drawing, statue, statuary, model or design for a work of the fine arts, a photograph of the same, to be ad-dressed to the said Librarian of Congress, as hereinafter to be provided." § 91. "The Librarian of Congress shall record the name of such copyright, book, or other article, forthwith in a book to be kept for that purpose, in the words following: 'Library of Congress, to wit: Be it remembered, that on the day of Anno Domini, A. B., of hath deposited in this office the title of a book (map, chart or otherwise, as the case may be, or description of the article), the title or description of which is in the following words, to wit: (here insert the title or description), the right whereof he claims as author, originator (or proprietor, as the case may be), in conformity with the laws of the United States respecting copyrights. C. D., Librarian

1 The bringing out and representation on the stage of a dramatic composition is not such a dedication of it to the public as will authorise others to print and publish it without the author's permission, or that of his assignee. Palmer v. De Witt, 47 N. Y. 532.

af * The statute also provides that the proprietor of every copyright book "shall" mail to the Librarian of Congress at Washington, within ten days after its publication, two copies. And then follows a provision which effectually prevents a question which had arisen under analogous provisions in former statutes. It fixes the penalty of twenty-five dollars for default in this duty; and thus severs all connection between this duty and the validity of the copyright, leaving that unaffected by any default in this duty. (d)1

As the title of the book or other article must be deposited in the mail before the publication, it is important to determine what is publication in this sense. The delivery of a lecture to an audience who paid for admission, has been held not to be a publication, (e) and we should say the gratuitous delivery to an invited audience would not be.

The merely printing of a book certainly is not, for the publisher may delay the publication long after his books are printed.

ag We sometimes read on a title-page, "printed not * published," or "printed only for private circulation," and no copyright is taken. Gould the author afterwards deposit the title and take out a copyright? There are English cases which favor the conclusion that such a private circulation is not a publication; (f) of Congress.' And he shall give a copy of the title or description, under the seal of the Librarian of Congress, to said proprietor, whenever he shall require it" 107. "No person shall maintain an action for the infringement of his copyright, unless he shall give notice thereof, by inserting in the several copies of every edition published, on the title-page, or the page immediately following, if it be a book; or, if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing, chromo, statue, statuary, or model or design intended to be perfected and completed as a work of the fine arts, by inscribing upon some portion of the face or front thereof, or on the face of the substance on which the same shall be mounted, the following words, viz.: 'Entered according to act of Congress, in the year , by A. B., in the office of the Librarian of Congress at Washington.' "