Series 82994

DISTRICT COURT (THIRD DISTRICT) [275]

COPYRIGHT PETITIONS, 1870-1875, 1879.
0.1 cubic feet and 1 reel of microfilm

DESCRIPTION: An original application for copyright for theatrical plays, books, maps, drawings, medicine preparations, slip inscriptions, and labels make up these petitions. A description of the play, book, or map, or a sample of the label or slip design are usually included. Copyright ownership guaranteed to the creator the sole right and liberty of printing, reprinting, publishing, and vending their works for a term of 28 years from the time of recording the title thereof. At the end of the original 28-year term, the copyright could be extended 14 years through application for a second term. These petitions document the legal process of securing intellectual property rights in the territorial third judicial district.

In accordance with an act of Congress entitled "An Act to amend the several acts respecting copy rights" (February 3, 1831), a printed copy of the material to be copyrighted was to be deposited in the clerk's office of the district court of the district in which the author or proprietor resides. The exact language of the petition was specified by the statute. Responsibility for "all acts and duties required by law touching copyrights" was transferred from the district courts to the Library of Congress in 1870 ("Second general revision of the copyright law," July 8, 1870). Despite repeal of the 1831 law in July 1870, copyright petitions citing the earlier statute continued to be filed in the Third District Court clerk's office off and on until 1879. The majority of these applications (18 of 21) fall into that category. Copyright petitions were not assigned a case number nor entered into the CASE INDEX, series 3243. Consequently it is not known how many copyright petitions were filed with the Third District court clerk, who filed them, which (if any) may be missing.

ARRANGEMENT: The 21 known copyright petitions in this series are filed chronologically by date filed.

RELATED RECORDS: These copyright petitions were located among the territorial CASE FILES (1851-1896), series 9802. The 1831 copyright statute required that within three months of publication, a copy of the work was to be delivered to the court clerk. A "certified list of records of copyright, including the titles so recorded, and the dates of record," was also maintained. These were forwarded periodically to the U.S. Secretary of State. The 1870 law mandated that the Secretary of State and the district court clerks transfer all copyright records to the Librarian of Congress. Surviving records are now in the custody of the U.S. Copyright Office within the Library of Congress.

FINDING AIDS: A list of 18 copyright petitions was compiled by Noel R. Barton in 1987. Three additional petitions located during the processing of the territorial CASE FILES, 1851-1896, series 9802, have since been added. These are found in Appendix A. A research guide entitled "Using Court Records" is also available for patron use.

CUSTODY HISTORY: Throughout the territorial period, documents filed with the court were maintained by the clerk appointed by and serving at the pleasure of the judge of the district court. At statehood, the Salt Lake County Clerk was constitutionally designated as ex-officioclerk of Third District Court in and for Salt Lake County. The county/district court clerk maintained custody of the copyright petitions until their transfer to the state archives with the territorial CASE FILES, series 9802, between 1982 and 1985.

PROCESSING NOTE: Since 1983, case files have been listed as permanent records in the records retention policy of the Utah Judicial Council. These records were archivally processed by W. Glen Fairclough, Jr., in August 1996. Filming was completed in 1998.