1787: 27 George 3 c.38: An Act for the Encouragement of the Arts of designing and printing Linens, Cottons, Callicoes, and Muslins, by vesting the Properties thereof in the Designers, Printers, and Proprietors, for a limited Time.

[Preamble.]

‘WHEREAS it may be expedient, for the Encouragement of the Arts of designing original Patterns for printing Linens, Callicoes, Cottons, and Muslins, to vest the Property thereof in the Designers, Printers, or Proprietors, for a limited Time; for which Purpose may it please your Majesty, that it may be enacted;’ and be it enacted by the King’s most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

[From June 1, 1787. the Proprietor of 1ny original Pattern for printing Linens to have the sole Right of printing it for two Months from first Publication;]

That, from and after the first Day of June one thousand seven hundred and eighty-seven, every Person who shall invent, design, and print, or cause to be invented, designed, and printed, and become the Proprietor of any new and original Pattern or Patterns for printing Linens, Cottons, Callicoes, or Muslins, shall have the sole Right and Liberty of printing and reprinting the same for the Term of two Months, to commence from the Day of the first publishing thereof, which shall be truly printed with the Name of the Printer or Proprietors at each End of every such Piece of Linen, Cotton, Callicoe, or Muslin;

[and whoever shall within that Period print the same, to be liable to an Action for Damages;]

and that if any Callicoe Printer, Linen Draper, or other Person whatsoever, from and after the first Day of June one thousand seven hundred and eighty-seven, within the Time limited by this Act, shall print, work, or copy, such original Pattern or Patterns, or cause to be printed, worked, or copied, such original Pattern or Patterns, or shall print or reprint, or cause to be printed or reprinted, any such Pattern or Patterns, and shall publish, sell, or expose to Sale, or in any other Manner dispose of, or cause to be published, sold, or exposed to Sale, or in any other Manner disposed of, any Linen, Cotton, Callicoe, or Muslin, so printed without the Consent of the Proprietor or Proprietors thereof, first had and obtained in Writing, signed by him or them respectively, in the Presence of two or more credible Witnesses, knowing the same to be so printed or reprinted without the Consent of the Proprietor or Proprietors of such Pattern, then every such Proprietor or Proprietors shall and may, if the Offence be committed in England, by and in a special Action upon the Case, to be brought against the Person or Persons so offending, recover such Damages as a Jury on the Trial of such Action, or on the Execution of a Writ of Inquiry thereon, shall give or assess, together with Costs of Suit, in which no Wager of Law, Essoin, Privilege, or Protection, or more than one Imparlance, shall be allowed; and if the Offence be committed in Scotland, every such Proprietor or Proprietors shall and may, by an Action to be brought before the Court of Session, or any Judge competent to try Civil causes within his Bounds, recover such Damages as the said Court of Session, or the said Judge, shall give or assess, and for Payment whereof Decree shall be issued, with full Costs of Suit, on which all such Execution shall pass as is competent by the Laws and Practice of Scotland in the like cases:

[but any Person purchasing Plates from the Proprietors may print therefrom.]

Provided nevertheless, That it shall and may be lawful for any Person or Persons who shall hereafter purchase any Plate or Plates, Block or Blocks, for printing, from the original Proprietors thereof, to print, reprint, and expose for Sale, or cause to be printed, reprinted, and exposed for Sale, from the said Plates or Blocks, without being liable to any Action on that Account.

[Mode of prosecuting Offences against this Act.]

II. And be it further enacted by the Authority aforesaid, That if any Action or Suit shall be commenced or brought against any Person or Persons whatsoever, for any Offence committed against this Act, the same shall be brought within the Space of six Months after so doing, and the Defendant and Defendants, in such Action or Suit, if brought in England, shall and may plead the General Issue, and give the special Matter in Evidence; and if, upon such Action or Suit, a Verdict shall be given for the Defendant or Defendants, or if the Plaintiff or Plaintiffs become nonsuited, or discontinue his, her, or their Action or Actions, then the Defendant or Defendants shall have and receive full Costs; for the Recovery whereof he shall have the same Remedy as any other Defendant or Defendants in any other Case hath or have by Law; and if such Action be brought in Scotland, and not insisted in, or if the Defender be assoilzied, then the Defender shall be entitled to full Costs, for the Recovery whereof he shall have the same Remedy as herein-before is given to the Pursuer.

[Act to continue in force for one Year, and to the End of the then next Session.]

III. And be it further enacted by the Authority aforesaid, That this Act shall continue in force for one Year and from thence to the End of the then next Session of Parliament; and shall be deemed, adjudged, and taken to be a publick Act, and be judicially taken notice of as such by all Judges, Justices, and other Persons whatsoever, without specially pleading the same.

Source: Ruffhead, Statutes at Large, vol. 15.

Further reading: Copyright History.