1
20
57
-
https://historysoa.com/files/original/4/198/1898-Thring-Addenda-Methods-of-Publishing.png
37dc53fc624720eaae5e12b0b7dae457
Dublin Core
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Title
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Society of Authors Publications
Identifier
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publications
Publication
Date
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1898
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London
Publisher(s)
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Horace Cox
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Thring, George Herbert. <em>Addenda to The Methods of Publishing</em>. London: The Society of Authors, 1898. <a href="https://archive.org/details/methodspublishi00thrigoog" target="_blank" rel="noopener">https://archive.org/details/methodspublishi00thrigoog</a>.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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Addenda to The Methods of Publishing (1898)
Subject
The topic of the resource
<em>Addenda to The Methods of Publishing</em> (1898)
Description
An account of the resource
A supplement to <a href="https://historysoa.com/people/Sprigge-Samuel-Squire">Samuel Squire Sprigge</a>'s <a href="https://historysoa.com/publications/1890-Sprigge-Methods-of-Publishing">book</a> about different kinds of publishing agreements, written by <a href="https://historysoa.com/people/Thring-George-Herbert">George Herbert Thring</a>. Reprinted from <a href="https://historysoa.com/publications/The-Author"><em>The Author</em></a>.
Creator
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Thring, George Herbert
Relation
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<a href="https://historysoa.com/publications/1890-Sprigge-Methods-of-Publishing"><em>The Methods of Publishing</em> (1890)</a>
<a href="https://historysoa.com/publications/The-Author"><em>The Author </em>(1890-present)</a>
Type
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Publication
Identifier
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1898-Thring-Addenda-Methods-of-Publishing
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<a href="https://archive.org/details/methodspublishi00thrigoog" target="_blank" rel="noopener">https://archive.org/details/methodspublishi00thrigoog</a>
publications
publishing
-
https://historysoa.com/files/original/4/381/1908-05-01-Supplement-18-8-Articles-of-Association.pdf
1934142e1e0d637e967ed06fef752c7a
PDF Text
Text
��������
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
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Society of Authors Publications
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publications
Publication
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1908-05-01
Volume
18
Issue
8
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19080501
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Articles of Association of The Incorporated Society of Authors (1908)
Subject
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<em>Articles of Association of The Incorporated Society of Authors</em> (1908)
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239471" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239471</a>
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<a href="https://historysoa.com/The-Author-Issues/1908-05-01-The-Author-18-8"><em>The Author</em>, Vol. 18 Issue 08 (May 1908)</a>
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1908-05-01-Supplement-18-8-Articles-of-Association
Articles of Association
publications
The Author
-
https://historysoa.com/files/original/4/409/1910-07-01-Supplement-20-10-Australian-Copyright-Act.pdf
bd243096bdfd1471054c1f449327e814
PDF Text
Text
SUPPLEMENT I.
AUSTRALIAN COPYRIGHT ACT.
��AUSTRALIAN COPYRIGHT ACT.
[AssBNTED
TO
21ST
enacted by the King's Most Excellent
Majesty, the Senate, and the House of
Representatives of the Commonwealth
of
Australia as follows:
E it
PART I.-PRELIMINARY.
|
1. Short Title. This Act may be cited as the
Copyright Act, 1905.
2. Commencement. This Act shall commence on
a day to be fixed by Proclamation.
3. Paris.--This Act is divided as
Part
Part
Part
Part
Part
Part
4.
follows:
I. Preliminary.
II.-Administration.
III.-Literary,
matic
IV.-Artistic
Musical, and
Copyright.
Dra
Copyright.
W. Infringement of Copyright.
VI.-International and State copy
right.
Part VII-Registration of Copyrights.
Part VIII.-Miscellaneous.
Interpretation. In this Act, unless the Con
trary intention
appears
Artistic work includes
(a) Any painting, drawing, or sculpture; and
(b) Any engraving, etching, print, lithograph,
Woodcut, photograph, or other work of
art produced by any process, mechanical
or otherwise, by which impressions or
representations of works of art can be
taken or multiplied:
includes the personal
of an author :
Author
Book
representatives
includes any book or volume, and any
part or division of a book or volume, and any
article in a book or volume, and any pamphlet,
periodical, sheet of letterpress, sheet of music,
map, chart, diagram, or plan separately pub
lished, and any illustration therein :
Dramatic work, in addition to being included
in the definition of book, means any tragedy,
comedy, play, drama, farce, burlesque, libretto,
of an opera, entertainment, or other work of
a like nature, whether set to music or other
DECEMBER,
1905.]
lyrical work set to music, or other scenic
or dramatic composition :
Lecture
includes a sermon :
Musical work in addition to being included
in the definition of book, includes any com
bination of melody and harmony, or either of
them, printed, reduced to writing, or other
wise graphically produced or reproduced :
Periodical" means a review, magazine, news
paper, or other periodicai
work of a like
Inature :
Wise,
Pirated artistic work means a reproduction
of an artistic work made in any manner with
out the authority of the owner of the copyright
in the artistic work :
Pirated book means a reproduction of a book
made in any manner without the authority of
the owner of the copyright in the book:
Portrait
includes any work the principal
object of which is the representation of a per
photo
Son by painting, drawing, engraving,
graphy, sculpture, or any form of art:
Publish
and Publication
in relation to a
book refer to offer for sale or distribution, in
each case with the privity of the author, so as
to make the book accessible to the public :
The Registrar means the Registrar of Copy
rights or a Deputy Registrar of Copyrights:
State Copyright Act means any State Act
relating to the registration of the copyright
right, or lecturing right in
or performing
books, or dramatic or musical works, or in
artistic works, or fine art works, or in lectures.
5. What is simultaneous publication or perform
ance. For
the purposes of this Act publication,
performance, or delivery in the Commonwealth
shall be deemed to be simultaneous with publica
tion, performance,
or delivery elsewhere if the
period between the publications, performances, or
deliveries does not exceed fourteen days.
6. Blasphemous, &c., matter not projected. No
right, or lecturing right
copyright,
performing
shall subsist under this Act in any blasphemous,
indecent, seditious, or libellous work or matter.
7. Application of the Common Law. Subject to
�by
by
is
as
be
so
of
to
of
;
in
in
of
or
or
in
or
in
in
or
of in
or
in
;
as
is
or
as
or
of
to
of
in
be of
of
to
of
by
in
to
or
in
of
or
all
to
:
of
it
it
:
it
of it
:
to
or
a
a
or
of
:
:
it
a
a
to
(f)
of
it,
to
of
or
a
a
in
its
right
dramatic and musical
The performing right
dramatic
a
Performing
in
14.
100%s. (1.)
in
or
in
in
or
or
up
in
in
or
of
it,
of
is
the case
musical work,
make
any new adaptation, transposition, arrange
ment,
setting
any part
any notation.
every book,
(2.) Copyright shall subsist
not,
whether the author
British subject
which
has been printed from type set
Australia,
plates made therefrom,
from plates
negatives made
Australia
cases where type
not necessarily used, and has, after the com
Australia,
mencement
this Act, been published
simultaneously with
before
first publication
elsewhere.
in
administration.
Cf.
of
of
transfer
the case
novel
other non-dramatic
Work,
convert
into dramatic work
and
of
or in
of
is
as
so
to,
in
to in
of,or
or to
be
or
of
(a) Effect
dramatic work,
convert
novel
other non-dramatic
or
in of of
to
or
in
so
as
of
a
in
proclamation, declare that, from
date specified
the proclamation, the
any
administration
the State Copyright Acts
they relate
State
far
the registration
the
copyright
any book, the performing right
any
musical
dramatic work, the lecturing right
any lecture, and the copyright
any artistic
any assign
fine art work,
the registration
grant
any such
ment
licence
relation
right, shall
transferred
the Commonwealth
necessary for the pur
and thereupon,
far
poses
this section
and after
into
is or
by
adminisfration. The Governor
AND DRAMATIC
of
in
of
of
2.
of
Transfer
General may,
12.
the case
work
(e)
Transfer
the Administration
the Slate Copyright Acts.
To translate
In
be
of
be
a
of
(d)
it In
(c)
judicially noticed.
7%e
MUSICAL,
COPYRIGHT.
13. Copyright
books.--(1.)
The copyright
do,
book means the exclusive right
authorize
do,
any
another person
the following
things
respect
:
(a) To make copies
(b) To abridge
called the Copyright Office.
Copyright Office. There
11. Seal
shall
seal
the Copyright Office, and impressions thereof
Division
III.-LITERARY,
In
of
on
by
all
PART
a
Registrar of
may appoint one or
(2.) The Governor-General
more Deputy Registrars of Copyrights who shall,
subject to the control of the Registrar of Copyrights,
have
the powers conferred
this Act
the
Registrar.
10. Copyright Office. For
the purposes
this
Act an office shall be established which shall be
shall
or
in
Copyright
Office.
be a
all
the Copyright Office
the State vested
subject
the control
the State
shall,
force
this Act,
vested
and made subject
the control
the
Commonwealth.
PART II.-ADMINISTRATION.
Registrar. (1.) There shall
and functions under any State
vested
the Governor
the State
the Governor with the
advice of the Executive Council
the
any Minister
State
officer
authority
the State shall vest
the
Governor-General
the Governor
General
Council
the Minister
authority exercising
officer
similar
powers under the Commonwealth
the
prescribed
Case requires
and
records registers deeds and documents
all
(6)
or fine art works acquired under or protected by
those laws before the commencement of this Act.
9.
powers
Copyright Act
of
(b)
forming right, or lecturing right, subsists under
this Act.
Saving of rights under State laws.-(2.) Subject
to Part II. of this Act, nothing in this Act shall
affect the application of the laws in force in any
State at the commencement of this Act to any
copyright or other right in relation to books or
dramatic or musical works or lectures or artistic
Copyrights.
be
to
the Commonwealth.
State Copyright Acts not to apply to copyright
under this Act. -(1.) The State Copyright Acts so
far as they relate to the copyright in any book,
right in any musical or dramatic
the performing
work, the lecturing right in any lecture, or the
copyright in any artistic or fine art work shall not
apply to any book, dramatic
or musical work,
lecture, or artistic work in which copyright, per
8.
the
and 19. The
the State shall
the State,
cease
administered
and shall thereafter
administered
necessary
the Commonwealth
far
completing then pending
for the purpose
giving effect
proceedings and
then
existing rights, and the Registrar shall
Collect for the State all fees which become
payable thereunder
and
throughout
Division 1. 77te Registrar and
of 18
Patents Act, 1903, ss.
State Copyright Acts
this and any other Acts of the Parliament, the
Common Law of England relating to proprietary
rights in unpublished literary compositions shall,
after the commencement
of this Act, apply
�of
be
of
or
a
or
a
to
by
to
in
by
be
is
in
in
or
of
in
or
of an
of
if to
in
to so to
its
be
a
in
to
in
of
in
be
in
to
to
of
-
of
its
in
in
its
he
be
so
in
is
be
a
of
of
of
th
in
of
bybe
be
of
of
a
a
in
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of
to
a
be
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or in
to
of
>};
a
of
or
in a
be
a
in
or
a
in of
of
of of
the
the article, under this section.
periodicals
articles published
23. Copyright
any
author
without valuable consideration. The
article contributed without valuable consideration
periodical, shall
to, and first published in,
separate
copyright
the article
entitled
work.
personal property. The
24. Copyright, &c.,
book, the performing right
copyright
musical work, and the lecturing right
dramatic
personal property, and shall
lecture shall
assignment and
capable
transmission
operation
law.
separate
25. Copyright and other rights
book, and the per
copyright
properties. The
forming right
musical work and the
dramatic
lecturing right
deemed
lecture shall
ownership,
distinct properties for the purposes
assignment, licence, transmission,
and all other
purposes.
author
or
as
of a
of
a
of
or
a
of
in
in
(b) his right shall not exclude the right
in
of of
or
a
or
is
in
of
be
a
or
of
or
as
a
a
of or
a
of
of in of
in
or
If
in a
in
or
or
or
a
in
a
in
a
in
of
of
by
a
is
of
cease.
copyright, performing right, and
18. Ownership
lecturing right. (1). The author
book shall be
the book.
the copyright
the first owner
musical
dramatic work
(2.) The author
the performing
the first owner
work shall
right
musical Work.
the dramatic
first owner
lecture shall
(3.) The author
the lecture.
the lecturing right
joint authors.
the case
19. Ownership
book,
Where there are joint authors
of
he as
or
in
a
in
in
its
or
musical work
dramatic
book
joint authors the copyright and the
written
right shall subsist for the term
performing
forty-two years
their joint lives and the life
them, and seven years, whichever
the survivor
shall last the longer.
published
book with the
lecture
(4.)
writing
the lecturing
the owner
consent
right, the lecturing right shall
a
of
a
a
in
in
in
of
in
in
right, and
copyright, performing
17. Term
book, the
lecturing right. (1.) The copyright
right
performing
musical work,
dramatic
lecture, shall subsist
and the lecturing right
forty-two years
for the author's
for the term
life and seven years whichever shall last the longer.
book, the
(2.) Where the first publication
public
dramatic
musical
first performance
public
work,
lecture
the first delivery
the author, the copy
takes place after the death
lecturing right,
right, performing right,
the
forty-two
case may be, shall subsist for the term
(3.) Where
it
be
in
or
public
Australia.
lecture shall begin
(3.) The lecturing right
public
Australia.
first delivery
with
-
periodicals.
articles published
any article, contributed
for
and first published
valuable consideration
copyright
periodical, shall
the
entitled
separate work, but
that
article
publish the article
entitled
shall not
(a)
publication until one year
authorise
which the
the year
after the end
article was first published, and
(b) his right shall not exclude the right
proprietor
under this
the periodical
section.
periodical
which an
(2.) The proprietor
article, which has been contributed
for valuable
consideration,
entitled
first published shall
copyright
that
the article, but
publish the article
entitled
shall not
(a)
publication except
the
authorise
publication,
original form
periodical
and
22. Copyright
(1.) The author
in
in
Australia, before
public
copyright performing right,
16. Commencement
book
and lecturing right. (1.) The copyright
Australia.
shall begin with its first publication
right
dramatic
(2.) The performing
musical work shall begin with its first performance
8] S.
if
or
of
is
a
or
to
in it.
in
its
in
public
with its first delivery
simultaneously
elsewhere.
as
to
in
in
or a
as it,
Act, been delivered
or
in byof in
in
or
its
of
in
in
lectures. (1.) The lectur
15. Lecturing right
lecture means the exclusive right
public, and,
delivery,
authorise
deliver
report
except
hereinafter provided,
every
(2.) Lecturing right shall subsist
lecture, whether the author
British subject
not, which has, after the commencement
this
ing right
written
book
20. Separate authors.--Where
separate authors and the name
distinct parts
the portion written
attached
each author
copyright
him, each author shall
entitled
the same manner
him
the portion written
separate book.
were
21. Encyclopædia and similar works.-The pro
encyclopædia
projector
prietor
other
reference who employs
similar permanent work
the
Some other person for valuable consideration
any part
composition
the work
the whole
the
the work
the copyright
entitled
shall
he were the author thereof.
same manner as
is
is
a
or
British subject
as or
in
or
musical work, whether the author
not, which has, after the com
public
this Act, been performed
mencement
simultaneously with
Australia, before
first
public elsewhere.
performance
dramatic
lecture, the copy
musical work,
right,
the lecturing
the performing
the property
the case may be, shall
the authors.
dramatic
right
right,
in
it,
or
its
or musical work means the exclusive right to per
public.
performance,
authorise
form
every
(2.) Performing right shall subsist
�to
of
(c)
If
or
in
if
it
as
in
a
of
a
in
an
is
of
he to
of
to
a
in
of
of
no
of
or
be
of
of
or
is
is
be it or
of
of
a
a
as
on
of
of
of
of
a
of
in
he
to
as
a a
in
of
or
of
in
of
of
in
of
of
of
to
be
to
of
by
he of
to
be
he
is
in
of
in
as
or
be
right,
judgment may
given
his favour either with
without costs
the Court,
its discretion,
any such case the owner
thinks fit; but
the performing right (if
not the owner
the
copyright) shall
entitled
recover from the
owner
respect
the copyright damages
the
injury
has incurred
the neglect
the owner
the copyright
given
cause due notice
the reservation
the performing right.
in
of
a
in
be
by
a
a
is
by
a
in
a
of of
newspaper. (1.) Unless
33. Report
lecture
prohibited
the reporting
lecture
notice
this section mentioned, the lecturing right
infringed
report
lecture shall not
the
newspaper.
lecture
a
or
on
a
;
of
at be
of
(2.) The notice prohibiting the reporting
given
the beginning
the lecture
conspicuous
written notice affixed,
lecture may
(a) orally
in
in
a
in of
it
is
is
or
is
given,
before the lecture
the
entrance doors
the building
which
given
place
the room
given.
which
be
to
of
on
is
of
be
a
(3.) When
series
lectures
intended
given
the same lecturer
the same subject,
given
one notice only need
respect
the
whole series.
in
such application should not be granted :
are taken for the infringe
ment
the performing right
dramatic
musical work published
book, and
proves
(b) the defendant
the satisfaction
the Court that
has
his posses
copy
sion
the book containing the
dramatic or musical work and that that
copy was published
with the consent
the owner
the copyright, and does
not contain the notice required by this
Act
the reservation
the performing
(a) proceedings
in it
person desirous of translating the
book into that language may make an
application in writing to the Minister
for permission so to do :
(b) The Minister may thereupon by notice in
writing inform the owner of the copy
right of such application
and request
him to make or cause to be made a
translation of the book into that lan
guage within such time as the Minister
deems reasonable or to show cause why
Notice
by
authority
(a) Any
performing right.
reservation
pub
dramatic
musical work
book, and
lished
intended
that the
performing right
reserved, the owner
copyright, whether
has parted with the per
forming right
not, shall cause notice
the
printed
reservation
the performing right
conspicuous part
the title page
every
copy
the book.
(2.) Defendant's rights where
notice
reserva
performing right. Where
tion
32.
(1.) Where
by
some person other than the author.
30. Failure of author to make or cause translation
of book.--Where a translation of a book into a par
ticular language is not made within ten years from
the date of the publication
of the book by the
owner of the copyright or by some person by his
translations. Copyright shall
31. Copyright
lawfully-produced
subsist
translation
abridgment
book
like manner
original work.
were
(b)
any interest therein by licence ; but an assignment
or grant shall not be valid unless it is in writing
signed by the owner of the right in respect of
which it is made or granted.
27. Welſ' editions. Any second or subsequent
edition of a book containing material or substan
tial alterations or additions shall be deemed to be
a new book, but so as not to prejudice the right of
any person to reproduce a former edition of the
book or any part thereof after the expiration of the
copyright in the former edition.
Provided that while the copyright in a book
Subsists no person, other than the owner of the
copyright in the book or a person authorised by
him, shall be entitled to publish a second or
Subsequent edition thereof.
28. Making of abridgment, &c., for private use.
Copyright in a book shall not be infringed by a
person making an abridgment or translation of the
book for his private use (unless he uses it publicly
or allows it to be used publicly by some other
person), or by a person making fair extracts from
or otherwise fairly dealing with the contents of the
book for the purpose of a new work, or for the
purposes of criticism, review, or refutation,
or
in the ordinary course of reporting scientific in
formation.
29. Translations or abridgments.--Where the
author has parted with the copyright in his
book and a translation or abridgment of the book
is made with the consent of the owner of the copy
right by some person other than the author, notice
shall be given in the title-page of every copy of the
translation or abridgment that it has been made by
the owner
the copyright fails
comply with such notice the Minister
may grant such application.
a as
in
26. Assignment of copyright. The
owner of the
copyright in a book, or of the performing right in
a dramatic or musical work, or of the lecturing
right in a lecture, may assign his right either
wholly or partially and either generally or limited
to any particular place or period, and may grant
�in
is or
of
in a
or
or
to a
in
be
is
to
in
of
by
be
of
be
an
in
all
of
to
be
be
an
in
of
of
of
an
in
is an
of
it
be
;
by
or
or
in
in
or
of
or
or
of
an
or
in
or
a
by
of
of
in
in
a
in
in
of
or
of
to
of by
be
or
of
to
of in a of
or
of
in
by
by
in
be
of if
be
of
c.
of
to
of
is
on
of
in
in he
to
be
a
of
to
of
of by
is
it
or
49.
Property
pirated books
or
in
to
of
to
or
is
a
in
a
or
of
of
objection
47. Notice
title. The plaintiff
right con
any action for the infringement
presumed
ferred
this Act shall
the
claims, unless the
owner
the right which
defendant
his pleadings
defence pleads that
the defendant disputes the title
the plaintiff,
and states the grounds
which
the plea
founded, and the name
any, whom
the person,
the defendant alleges
the owner
the right.
45,
48. Limitation
actions.
(Cf. 5-6 Vict.
copy
26.).-No action for any infringement
right, performing right,
lecturing right under
this Act shall be maintainable unless
com
menced within two years next after the infringement
committed.
is
bybe
on
an
of of
of
a
an
or to
or
of
be
or
is
in
in
to
OF COPYRIGHT.
performing right
46. Damages
case
lectur
ing right. In assessing the damages
respect
right
the infringement
the performing
dramatic
musical work
the lecturing right
lecture, regard shall
had
the amount
profit made
the infringer
reason
the
infringement, and
the amount
actual damage
incurred
the owner
the performing
or of
of
to an
of
by
be
of
or
of of
other
rights under Act. If any
45. Infringement
person infringes any right conferred
this Act
respect
book, the perform
the copyright
ing right
dramatic
musical work, the lecturing
right
lecture,
the copyright
artistic
work, the owner
the right infringed may maintain
penalties
profits, and
action for damages
injunction,
for
for any
those remedies.
or
be on
by
an of
is
of
by
of in
or
in
of as
PART W.-INFRINGEMENT
in
a
if
he
it
as is
to
to
to
to
be
to
of
a
be
of to
or
bust. (1.) When the owner
the copyright
painting,
any artistic work being
statue, bust,
other like work, disposes
such work for valu
able consideration, but does not assign the copy
right therein, the owner
the copyright (except
this section mentioned) may
the absence
writing
any agreement
the contrary make
replica
such work.
Right
statues, etc.,
author
make replicas
and
copyright. The
44. Assignment
owner
the
copyright
artistic work may assign his right
partially and either generally
wholly
limited
any particular place
period and may grant
any interest therein
assignment
licence
but
writing
grant shall not
valid unless
signed
the owner
the copyright.
lecturing right.
(2.) When the plate
other instrument men
employee
tioned
this section
made by
behalf
his employer the employer shall
deemed
the author
the copies produced
means
the plate
instrument.
painting, statue,
41. Copyright
case
sale
transmission,
an
he
if
as is
it
to
to
in
is
be
(2.) Subject
sub-section (1)
this section,
photograph
employee
when
made
behalf
his employer the employer shall
deemed
the author
the photograph.
prints.--(1.)
Engravings
Subject
40.
and
section thirty-four
this Act the engraver
other person who makes the plate
other instru
ment
which copies
artistic work are
multipled shall
deemed
the author
the copies produceed
means
the plate
instrument.
licence,
in
an
is
a
be
photographs.-(1.) When
39. Copyright
photograph
made
order for valuable con
sideration
the person
whose order
made
shall
entitled
the copyright therein
were the author thereof.
a
assignment,
purposes.
to
work, being
portrait,
made
order for valuable
consideration, the person
whose order
made
shall
entitled
the copyright therein
were the author thereof.
works.
artistic
or
or
in
in in
of
of
copyright
37. Ownership
artistic work. The
author of an artistic work shall be the first owner
the copyright
the work.
portraits.--When
38. Copyright
artistic
and ownership
s.
in
of
of
an
of
36. Commencement
and term
artistic copyright.
copyright
artistic work shall begin
with the making
the work, and shall subsist for
forty-two years
the term
for the author's
life and seven years whichever shall last the
longer.
The
43. Copyright
The copyright
artistic work and the owner
ship
the artistic work shall
deemed
ownership,
distinct properties for the purposes
by
in
is
or
a
is
in
in
35. Copyright
artistic works.-Copyright shall
every artistic work whether the author
Subsist
not, which
British subject
made
Australia after the commencement of this Act.
of
any purpose.
statue, bust,
other
not,
placed
order
placed
intended
street
other like
public place, the author may,
any
the absence
agreement
the contrary, make replicas thereof.
personal property. The
42. Artistic copyright
copyright
personal
artistic work shall
property, and shall
capable
assignment and
operation
transmission
law.
to
or
or
by
it,
in
or in
copyright in an
34. Meaning of copyright. The
artistic work means the exclusive right of the
Owner of the copyright to reproduce or authorise
another person to reproduce the artistic work, or
any material part of
any manner, form,
size,
any material,
any process,
for
public places. (2.) When
like work, whether made
or
PART IV.--ARTISTIC CoPYRIGHT.
artistic work.--
�of
in
of
of
or
is
a
to
a
of
or
by
is
or
or
in
to
of
a
of
be or
to
or
to
or
to
a
be
in
to
to
as be
or
be
or
in
to to
to
of
of
to
in
by
of
in
or of of
of
to
in
to
up
.
if
or
to
of
in
or
A
or it
in
:
or
in
of
or
in
to
or
Penalty
this section without just cause.
Twenty pounds.
any prosecution under sub-section (2)
with
of
(3.)
or
in
or
in
of
he
at
of
he
to
this section the defendant shall be deemed
have
given the notice without just cause unless
proves,
the satisfaction
the court
the hearing, that
giving the notice
the time
was the owner
the copyright
the book
artistic work
writing,
was the agent
such owner appointed
of
is
of
to
he
accordance
:
of
of
he be
if
or
A
or
be or
in
to
in
to
to
of
of
he to
a
in
of
or by
a
at
or
be
he
if
a
of
of
or
of
no
copyright
require
53. Power
owner
delivery
pirated books and works.
him
any-book
(1.) The owner
the copyright
artistic work,
the agent
such owner
writing, may
appointed
notice,
accordance
with the prescribed form, require any person
deliver
him any pirated reproduction
the
work, and every person
book
whom such
notice has been given, and who has any pirated
reproduction
the book
work
his possession
power, shall deliver up the pirated reproduction
the book
work
accordance with the notice.
Penalty Ten pounds.
person shall
(2.)
not give any notice
ofor
or
of
at
is of
in
in
of
to
a an
of
of
the performing right
satisfied
evidence that
there
ground
reasonable
for believing
that
pirated books
pirated artistic works
any house, shop,
are
found
warrant,
other place issue
accord
ance with the form prescribed, authoris
ing any constable
search, between
sunrise and sunset, the place where the
pirated books
pirated artistic works
be,
are supposed
and
seize and
bring them
any books
artistic works
reasonably suspected
pirated books
pirated artistic works before
court
summary jurisdiction.
summary jurisdiction may, on
(2.)
court
proof that any books
artistic works brought
pursuance
before
this section are pirated
pirated artistic works, order them
books
destroyed
delivered up, subject
such con
ditions,
any,
the court thinks fit,
the owner
the copyright
the book
artistic work.
of at to
or
so
to
of
in
or
of
to
no
a
be
to
of
in
to
or
;
an
a
to of
if
in
of
or
of
or
to
to
be be
of
infringement
that right.
of
in
or
in
or
be be
or
to
or
or a
to
as to
performed
the owner
by
in
or
or
If
or or
or
or
or
or
(c)
he
of
an
of
respect
51. Liability
use
theatre. Where
performed
dramatic
musical work
theatre
infringement
other place
the performing
right
the owner
that right, the proprietor
occupier who permitted the theatre
tenant
place
used for the performance
shall
deemed
have infringed the performing right and
guilty
shall
offence against this Act, and
penalty not exceeding Five
shall
liable
pounds for each such offence and the court may,
pay
addition
the penalty, Order the defendant
respect
the owner
the performing right
way
damages
each such infringement
sum
the amount
Ten pounds,
such amount
the court deems equal
the profits made by
the performance
the work, whichever sum
greater.
person shall
Provided that
convicted
an
proves
offence under this section
the
satisfaction
the court
the hearing that
did
not know and could not with reasonable care have
ascertained that the dramatic
musical work was
of
of A
in
If
(b)
If
50. Penalties for dealing with pirated books.
any person
exposes offers
(a) sells,
lets for hire,
keeps for sale
hire, any pirated book
any pirated artistic work;
public, any pirated
(b) distributes,
exhibits
any pirated artistic work
book
imports into Australia any pirated book
any pirated artistic work,
guilty
shall
offence against this Act,
penalty not exceeding Five
and shall
liable
pounds for each copy
such pirated book
pirated artistic work dealt with
contravention
this section, and also
forfeit
the owner
the copyright every such copy
dealt with, and
also
forfeit the plates, blocks, stone, matrix,
thing,
negative,
any, from which the pirated
pirated artistic work was printed
book
made.
Provided that the whole penalties inflicted on
any one offender
respect
the same transaction
shall not exceed Fifty pounds.
person shall
Provided also that
convicted
proves
offence under this section
the
satisfaction
the court
the hearing that
did
not know, and could not with reasonable care have
ascertained, that the book was
pirated book
pirated artistic work.
the work was
satisfied
evidence that there
reason
able ground
for believing
that pirated
pirated artistic works are being
books
sold,
warrant,
offered for sale issue
accordance with the form prescribed,
authorising any constable
seize the
pirated books
pirated
artistic works
bring them before
and
court
summary jurisdiction.
(a)
In
of
pirated copies.
52. Search warrant and seizure
(1.)
Justice
the Peace may upon the applica
any book
tion
the owner
the copyright
any artistic work
the agent
such
writing :
owner appointed
or
by
or
be
by
if
or
or
of
be
in to
be
pirated books and
pirated artistic works
shall
deemed
the property
the owner
the copyright
the book
work and may,
together with the plates, blocks, stone, matrix,
thing,
negative,
any, from which they are
made,
rinted
recovered
him
action
other lawful method.
or
all
All
�all
or
or in
so
of
of
all
in
by
to
he
or
of
of
or
a
of
in
in
or
all
court
of
on
any
with
in
just
he
as
at
of
or
of of
A
A
person shall not lodge any request
(5.)
police station
accordance with this section
cause.
Twenty pounds.
any prosecution under sub-section (5)
(6.)
this section the defendant shall be deemed to have
lodged the request without just cause unless
proves,
the satisfaction
the court
the
lodging the request
hearing, that
the time
was the owner
the copyright
the book
artistic work,
was the agent
such owner
writing and had reasonable ground
appointed
believe that pirated reproductions
the book
work were being unlawfully sold,
let for hire,
exposed
kept for sale
hire,
offered
dis
tributed,
public,
exhibited
the town
district
which the police station
situated.
at
at
of
of
to
he
In
of
:
Penalty
or
of in
of
or
or
or
is in
in
or
or or
of
in
or or
in
by
of
by
in
or
in
to
be
In
he
to
be
of
by
or
of
of
penalties. Where proceedings
57. Application
for any penalty under this Act are instituted
any book
any
the owner
the copyright
artistic work
the owner
the artistic work,
paid
way
the penalty shall
him
com
pensation for the injury
any
has sustained.
paid
other case the penalty shall
the Consoli
dated Revenue Fund.
in
is
or
by
or
of
or
or
58. Aiders and abetfors.-Whoever aids, abets,
counsels,
procures,
act
omission
indirectly, knowingly concerned
any way, directly
any offence against this Act,
the commission
shall
deemed
have committed that offence,
punishable accordingly.
and shall
summary
59. Limitation
actions
court
jurisdiction. Proceedings may
any
instituted
summary jurisdiction for the recovery
court
any penalty under this Act, but
such proceed
ings shall
instituted after the expiration
six
respect
months from the date
the offence
imposed.
which the penalty
summary jurisdiction.
60. Appeal from courts
An appeal shall
from any conviction
Order
(including any dismissal
any information,
application)
complaint,
court
sum
jurisdiction with
mary jurisdiction, exercising
to
be
of
of
of
a
or
lie
of
is
in
of
be
of
no
of
in
be
in
of
be
of of
in
or
a
or
before
jurisdiction may,
interested, make such
books
works
thinks just.
or
in
of
by
in
at be
in
is
in
of
at
works
of
to
or
in
of
or
in
or
of
to
:
be
an
of of
(c)
the person to whom the notice was given was about
to perform or take part in the performance of the
musical or dramatic work in infringement of the
performing right of the owner.
55. Penalty for false representations in notices.
Any person, who in any notice given in pursuance
of this Act, makes a representation, which is false
in fact and which he knows to be false or does not
believe to be true, that he is
(a) the owner of the copyright in any book or
artistic work, or
right in a
(b) the owner of the performing
musical or dramatic work, or
any such owner,
the agent
guilty
shall
offence against this Act.
Penalty Two years' imprisonment.
police
56. Request
seize pirated books and
any
works.--(1.) The owner
the copyright
book
artistic work
the agent
such owner
writing may,
appointed
accordance with the
prescribed form, request that any pirated reproduc
tions
the book
work
seized
the police,
any police station.
and may lodge the request
(2.) Any police constable
the town
district
which the police station
situated (whether
State), may,
the service
the Commonwealth
any time
the day time within seven days
with bring
such books
summary jurisdiction.
summary
(4.)
court
any person
the application
order for the disposal
the
he
of the musical or dramatic work in infringement
of his right, and require any person to refrain
from performing or taking part in the performance
of the musical or dramatic work, and every person
to whom a notice has been given in accordance with
this section shall refrain from performing or taking
part in the performance of the musical or dramatic
Work specified in the notice in infringement of the
performing right of such owner.
Penalty : Ten pounds.
(2.) A person shall not give any notice in pur
Suance of this section without just cause.
Penalty : Twenty pounds.
(3.) In any prosecution under sub-section (2) of
this section, the defendant shall be deemed to have
given the notice without just cause unless he proves,
to the satisfaction of the court at the hearing, that
at the time of giving the notice he was the owner
of the performing right in the musical or dramatic
work, or the agent of the owner appointed in
writing, and had reasonable ground to believe that
or or to
54. Power of owner of performing right to forbid
performance in infringement of his right. (1.) The
right in a musical or
owner of the performing
dramatic work, or the agent of the owner appointed
in Writing, may, by notice in writing in accordance
with the prescribed form, forbid the performance
lodged, seize
pirated
after the request was
reproductions
the book
work mentioned
reproductions
the notice, and
the book
work which
has reasonable ground
believe
are pirated reproductions, found
him
the
possession
any person other than the owner
the copyright
the book
work.
(3.) Every police constable who seizes any books
pursuance
works
this section shall forth
in
and had reasonable ground to believe that the
person to whom the notice was given had pirated
reproductions of the book or work in his possession
or power.
�10
on
of
by
in
of
to
or
of
on
a
at
by
be
of of of
of
of
of
or
of
of
to
in
of
he
by
or
or
of
by
to
or
or
by
or
of
or
to
in
be
of
or
to
in
of or
by
be
in or
of
be
be
of
be
to
in
as
or
be
byof
be
to
or
be
of
of
of
of
or
or
in
of
on
all
at
of
be
or
to
in
of
in
of of
of
or
in
in
to
or
in
in
to of
of
as
or or
of
or or
to
of
or
of
a
or
of
to
of of
of
of
in
in
by
or
by
at
of
dence
the particulars entered therein and docu
copies
any entry therein
ments purporting
extracts therefrom certified
the Registrar and
sealed with the seal
the Copyrights Office shall
admissible
evidence
all Federal
State
production
courts without further proof
the
Originals.
copies
70. Certified copies. Certified
entries
any register under this Act
extracts there
payment
from shall,
the prescribed fee,
given
any person applying for them.
register. Each
register under
71. Inspection
public inspection
open
this Act shall
to
STATE
AND
62. Protection
Australia
International and
any copyright
State Copyright. The owner
right
performing
any literary, musical,
protection
dramatic work
artistic work entitled
any Act
Australia
virtue
the Parliament
protection
the United Kingdom
entitled
any State
any State Copyright Act
virtue
force
the commencement of this Act shall on
obtaining
certificate
the registration
his
right under this part
Copyright
performing
this Act have the same protection
the
against the infringement
Commonwealth
his
copyright
right
performing
any
the owner
Copyright
performing right under this Act.
copyright.
63. Registration
International
any copyright
performing
(1.) The owner
right who desires
obtain the benefit
this part
this Act may,
manner and
accordance with
the form prescribed,
make application
the
Registrar for the registration
his copyright
right.
performing
in of in
any
Sions. When any person becomes entitled
lecturing right under
copyright performing right
any assignment
this Act
virtue
trans
mission,
any interest therein
licence,
may obtain registration
the assignment, trans
mission,
licence
the manner prescribed.
67. How registration effected. The registration
right
lecturing
any copyright
performing
right under this Act,
any assignment
trans
any interest therein
licence,
mission thereof
entering
shall
effected
the proper register
relating
the prescribed particulars
the right,
assignment, transmission,
licence.
any
68. Trusts not registered. (1.)
No notice
trust expressed, implied,
constructive
shall
Copyrights under this
any Register
entered
Act
receivable
the Registrar.
respect
(2.) Subject
this section, equities
performing right
any copyright
lecturing
right under this Act may
enforced
the same
equities
respect
manner
other personal
property.
evidence. Every
Register
69. Register
prima facie evi
copyrights under this Act shall
of
of of
VI.-INTERNATIONAL
COPYRIGHT.
of
registration. The
any
65. Method
owner
performing right
lecturing right
copyright
under this Act may obtain registration
his right
the manner prescribed.
assignments and transmis
66. Registration
of
PART
Literary Copyrights.
Fine Arts Copyrights.
International and State Copy
or
by
of of
by
have been given
to
byto
the Minister shall
deemed
the owner
the Minister.
to
by
or
be
a
in
or
of
of
A
to
of
of
the copyright and
its term.
(5.)
notice given
the Commissioners
Customs
the United Kingdom,
the owner
the copyright
his agent,
the existence
the
copyright
book
artistic work and
its
term, and communicated
the said Commissioners
Copyright Office:
The Register
The Register
The Register
rights.
or
to
of
or
his agent has
the existence
Copyright Registers.--The following Registers
copyrights shall
kept
the Registrar
the
64.
be
if
as
of
or
any book
owner
the copyright therein
given written notice
the Minister
of to
apply
this section shall not
artistic work unless the
OF COPYRIGHTS.
in
of
to
to
to
of
(4.) The provisions
PART WII.-REGISTRATION
of
to
by
be
be
or
this Act
otherwise).
(2.) All pirated books and pirated artistic works
imported into Australia contrary
this section
any officer
shall
forfeited and may
seized
of Customs.
3.) Subject
this Act the provisions
the
Customs Act, 1901, shall apply
the seizure and
pirated books and artistic works under
forfeiture
they were
this section
the same extent
prohibited imports under that Act.
(2.) The Registrar may thereupon, and
being satisfied
proof
the prescribed particu
payment
lars and
the prescribed fee, register
performing right and issue
the copyright
the
applicant
registration
certificate
accordance
with the prescribed form.
in
is
in
in
(b)
respect to any offence or matter under this Act, to
the court and in the manner and time provided by
the law of the State in which the proceedings were
instituted in the case of appeals from courts of
summary jurisdiction in that State.
61. Importafion
of pirated works.
(1.) The
following goods are prohibited to be imported :
copyright
(a) All pirated books in which
is
subsisting
in Australia (whether under
this Act or otherwise): and
All pirated artistic works
which copyright
subsisting
Australia (whether under
�or
a to
of
of
to
of
or
of
of
be
to
of
by
of
be
to
in
of
to
or
to
or
in
to
of or
or
:
of
of
or
or
by
to
a
as
its
at
to
in
or
to to
to
in
or
to
or
it
is
he
of
as
a
or
or
or
of
to
of
in
of
or
or
of
is
in
in
of
by
or
or
Co. LD., PRINTERs, LONDONAND TONBRIDGE.
of
to
be
to
or
be
all
giving effect
this Act,
for the conduct
business relating
the Copyrights Office.
to
is
&
or
of
to
on
or
of
as
in
all to
of in
of
to
of of
or
or
in
a
of
BRADBURY,AGNEW,
may
79. Regulations. The
Governor-General
make regulations, not inconsistent
with this Act,
prescribing
matters which
this Act are
required
permitted
prescribed,
which
prescribed for
are necessary
convenient
to
to
or
or
of or
or
(3.) This section shall not affect the right
the
bring
owner
the lecturing right
lecture
actions
suits
institute proceedings for
infringements
his lecturing right.
registrar. (1.) Every
75. Delivery
books
person applying for the registration
the copyright
any book shall deliver
the Registrar two copies
maps and illustrations
the whole book with
belonging thereto, finished and coloured
the
same manner
the best copies
the book are
published and bound, sewed,
stitched together,
and
the best paper
which the book
printed.
or
in
\
or
right
interest has been
the owner thereof may, subject
this
Act, bring actions
suits
institute proceedings
performing
for infringements
the copyright
right, whether those infringements happened before
after the registration.
registered
77. Provision against suppression
books.--If
the Governor-General
satisfied that the owner
any book,
the copyright
the performing
right
any dramatic work
musical work,
right
any lecture, has refused,
the lecturing
republish
after the death
the author,
allow
republication
the book,
the public perform
ance
the dramatic
musical work,
the
publication
book
the lecture, and that
reason thereof the book, dramatic work, musical
work,
may
lecture
withheld from the public,
grant any person applying for
licence
republish the book,
perform the dramatic
Wolk,
publish the lecture
musical work,
book,
such manner and subject
such
conditions as
the Governor-General seem fit.
78. Power
award costs.-In any action
proceeding taken
any court under this Act, the
court shall have power
award costs
discretion.
or
to
or
or
or
of
or by
or
of
or
be
of
of this Act.
(2.) When such
to
S.
or
of
PART VIII.-MISCELLANEOUS.
of
or
a
by
a
74. Owner cannot sue before registration. (1.)
any copyright
performing right
The owner
any interest therein
under this Act
licence
bring any action
shall not
entitled
suit
institute any proceedings for any infringement
performing right unless such
the copyright
right
pursuance
interest has been registered
it.
of
in
in
by
registrar.
76. False representation
Patents
Act, 1903,
112. No person shall wilfully make
any false statement
representation
deceive
any officer
the Registrar
the execution
this
part
procure
this Act,
influence the
doing
anything
omission
relation
this
part
any matter thereunder.
this Act
Penalty Three years' imprisonment.
to
lie
(b) entering any prescribed
memorandum
or
particular
relating to copyright or other
right under this Act.
73. Rectification of Register by the Court. (1.)
Subject to this Act the Supreme Court of any State
or a judge thereof may, on the application of the
Registrar or of any person aggrieved, order the
rectification of any register under this Act by
(a) the making of any entry wrongly omitted to
be made in the register ; or
(b)
the expunging of any entry wrongly made in
or remaining on the register; or
(c) the correction of any error or defect in the
register.
(2.) An appeal shall
the High Court from
any order for the rectification
any register
Judge under this
Supreme Court
made
section.
Sections (1) and (2)
this section have been
complied with.
(4.) One copy
each book delivered
the
Registrar
pursuance
this section shall
forwarded
him
the librarian
the Parlia
ment, and the other copy shall
retained
the
Registrar, until otherwise prescribed.
or
Act by
(a) correcting any error in any name, address, or
particular ; and
of
person applying for the registration
any work
the copyright
art shall deliver
the Registrar one copy
the work
art
photograph
register the
(3.) The Registrar shall refuse
Copyright
any book
work
art until sub
of
72. Correction of register. The registrar may, in
prescribed cases and subject to the prescribed
conditions, amend or alter any register under this
on
(2) Every
to
the prescribed
of
on payment
in
times
a
convenient
fee.
of
11
any
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format)
1910-07-01
Volume
20
Issue
10
Ngram Date
Version of the date in YYYYMMDD format for use by the Ngram plugin
19100701
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Australian Copyright Act (1910)
Subject
The topic of the resource
<em>Australian Copyright Act</em> (1910)
Description
An account of the resource
The Australian Copyright Act as assented to on 21 December 1905.
Source
A related resource from which the described resource is derived
<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405</a>
Relation
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<a href="https://historysoa.com/The-Author-Issues/1910-07-01-The-Author-20-10">Supplement to <em>The Author</em>, Vol. 20 Issue 10</a>
Type
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Publication
Identifier
An unambiguous reference to the resource within a given context
1910-07-01-Supplement-20-10-Australian-Copyright-Act
Australia
copyright
international
publications
The Author
-
https://historysoa.com/files/original/4/544/1914-Australian-Copyright-Act-1912.pdf
dd3e422e3ca4f119331b51f512b3e5cc
PDF Text
Text
����������������������
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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Society of Authors Publications
Identifier
An unambiguous reference to the resource within a given context
publications
Publication
Date
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1914
Volume
24
Publisher(s)
When used for publications, publisher of the periodical or book. When used for people, list of publishers they worked with during their lifetime
Bradbury, Agnew & Co.
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London
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19140701
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Title
A name given to the resource
Australian Copyright Act, 1912: Statutory Rules (1914)
Subject
The topic of the resource
<em>Australian Copyright Act, 1912: Statutory Rules</em> (1914)
Description
An account of the resource
A full summary of the statutory rules relating to copyright in Australia, including forms to be used to register for copyright.
Type
The nature or genre of the resource
Publication
Identifier
An unambiguous reference to the resource within a given context
1914-Australian-Copyright-Act-1912
Relation
A related resource
<a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=24&sort_field=added">Supplement to <em>The Author</em>, Vol. 24</a>
Australia
copyright
international
publications
The Author
-
https://historysoa.com/files/original/4/389/1909-01-01-Supplement-19-4-Convention-de-Berne-Revisee.pdf
b085f748f79551f3296f07d852c4c7ad
PDF Text
Text
Convention de Berne Revisée
POUR LA
Protection des OEuvres Littéraires et Artistiques.
��Convention
de Berne
POUR
Revisée
LA
Protection des CEuvres Littéraires et Artistiques.
SA MAJESTÉ
r
$4
(Enumération
E,
D'ALLEMAGNE,
L'EMPEREUR
p
$
ROI DE PRUSSE :
41
des
F
Etats),
f a
#
a\
º
#
$
Egalement animés du désir de protéger d'une manière aussi efficace et aussi uniforme que
possible les droits des auteurs sur leurs œuvres littéraires et artistiques,
Ont résolu de conclure une Convention à l'effet de reviser la Convention de Berne du
9 Septembre, 1886, l'Article additionnel et le Protocole de clôture joints à la même Convention,
ainsi que l'Acte additionnel et la Déclaration interprétative de Paris, du 4 Mai, 1896.
Ils ont, en conséquence, nommé pour leurs Plénipotentiaires, savoir :
Lesquels, après s'être communiqué leurs pleins pouvoirs respectifs, trouvés en bonne et due
forme, sont convenus des articles suivants :
ARTICLE
1º.
Les pays contractants sont constitués à l'état d'Union pour
auteurs sur leurs œuvres littéraires et artistiques.
ARTICLE
la protection
des
droits
des
2.
L'expression * œuvres littéraires et artistiques " comprend toute production du domaine
littéraire, scientifique ou artistique, quel qu'en soit le mode ou la forme de reproduction, telle
que : les livres, brochures, et autres écrits ; les œuvres dramatiques ou dramatico-musicales, les
œuvres chorégraphiques et les pantomimes, dont la mise en scène est fixée par écrit ou autre
ment ; les compositions musicales avec ou sans paroles ; les œuvres de dessin, de peinture,
d'architecture,
de sculpture,
de gravure
et de lithographie ; les illustrations, les cartes
géographiques ; les plans, croquis et ouvrages plastiques, relatifs à la géographie, à la
topographie, à l'architecture ou aux sciences.
Sont protégés comme des ouvrages originaux, sans préjudice des droits de l'auteur de
l'œuvre originale, les traductions, adaptations, arrangements de musique et autres reproductions
transformées d'une œuvre littéraire ou artistique, ainsi que les recueils de différentes œuvres.
Les pays contractants sont tenus d'assurer la protection
des œuvres mentionnées
ci-dessus.
Les œuvres d'art appliqué à l'industrie sont protégées autant que permet de le faire la
législation intérieure de chaque pays.
ARTICLE
La
3.
présente Convention s'applique aux œuvres photographiques et aux œuvres obtenues
à la photographie.
Les pays contractants sont tenus d'en assurer la
protection.
par un procédé analogue
�(
4
)
ARTICLE
4.
Les auteurs ressortissant à l'un des pays de l'Union jouissent, dans les pays autres que le
pays d'origine de l'œuvre, pour leurs œuvres, soit non publiées, soit publiées pour la première
fois dans un pays de l'Union, des droits que les lois respectives accordent actuellement ou
accorderont par la suite aux nationaux, ainsi que des droits spécialement accordés par la
présente Convention.
La jouissance et l'exercice de ces droits ne sont subordonnés à aucune formalité ; cette
jouissance
et cet exercice sont indépendants de l'existence de la protection dans le pays
d'origine de l'œuvre.
Par suite, en dehors des stipulations de la présente Convention, l'étendue
de la protection ainsi que les moyens de recours garantis à l'auteur pour sauvegarder ses droits
se règlent exclusivement d'après la législation du pays où la protection est réclamée.
Est considéré comme pays d'origine de l'œuvre : pour les œuvres non publiées, celui auquel
appartient l'auteur ; pour les œuvres publiées, celui de la première publication ; et pour les
oeuvres publiées simultanément
dans plusieurs pays de l'Union, celui d'entre eux dont la
législation accorde la durée de protection la plus courte.
Pour les œuvres publiées simultané
ment dans un pays étranger à l'Union et dans un pays de l'Union, c'est ce dernier pays qui est
exclusivement considéré comme pays d'origine.
Par œuvres publiées, il faut, dans le sens de la présente Convention, entendre les œuvres
éditées.
La représentation d'une œuvre dramatique ou dramatico-musicale, l'exécution d'une
oeuvre musicale, l'exposition d'une œuvre d'art et la construction d'une œuvre d'architecture
ne constituent pas une publication.
ARTICLE
Les ressortissants
oeuvres dans un autre
auteurs nationaux.
5.
de l'un des pays de l'Union, qui publient pour la première fois leurs
pays de l'Union, ont, dans ce dernier pays, les mêmes droits que les
ARTICLE
6.
Les auteurs ne ressortissant pas à l'un des pays de l'Union, qui publient pour la première
fois leurs œuvres dans l'un de ces pays, jouissent, dans ce pays, des mêmes droits que les auteurs
mationaux, et dans les autres pays de l'Union des droits accordés par la présente Convention.
ARTICLE
7.
à
la
les
ou de
de
et
les
de
les nouvelles
toutes autres œuvres, soit littéraires, soit scientifiques,
journaux
quel qu'en soit l'objet, publiés dans
recueils périodiques d'un
ou
les
et
Les romans-feuilletons,
l'Union,
des pays
auteurs
pays jouissent, dans
autres pays
originale,
droit exclusif
faire
l'un
du
à
ces
durée
droit sur l'œuvre
de leurs œuvres.
ARTICLE
soit artistiques,
de
un
fois dans
du
première
9.
la
la la
Les auteurs d'œuvres non publiées, ressortissant
publiées pour
l'Union, pendant toute
d'autoriser
traduction
la
où
la
la
8.
de
où
du
le loi
la
ou
les
la
la
de
ARTICLE
d'œuvres
ne
me et
la
de
et
se en
la
la le
de
où
loi
La durée de la protection accordée par la présente Convention comprend la vie de l'auteur
et cinquante ans après sa mort.
Toutefois, dans le cas où cette durée ne serait pas uniformément adoptée par tous les pays
protection sera réclamée
de i'Union, la durée sera réglée par la
du pays
elle
pourra excéder
pays d'origine
seront,
durée fixée dans
l'œuvre.
Les pays contractants
conséquence, tenus d'appliquer
disposition
l'alinéa précédent que dans
mesure
elle
concilie avec leur droit interne.
Pour les œuvres photographiques
les œuvres obtenues par un procédé analogue
photographie, pour
pseudonymes,
œuvres posthumes, pour les œuvres anonymes
durée
protection est réglée par
pays
protection est réclamée, sans que cette durée
puisse excéder
pays d'origine
durée fixée dans
l'œuvre.
�(
des pays de l'Union, ne peuvent
J.
auteurS.
)
5
être reproduits
dans les autres pays sans le consentement des
À l'exclusion des romans-feuilletons et des nouvelles, tout article de journal peut être
reproduit par un autre journal, si la reproduction
n'en est pas expressément interdite.
Toutefois, la source doit être indiquée ;
la sanction de cette obligation est déterminée par la
législation du pays où la protection est réclamée.
La protection de la présente Convention ne s'applique pas aux nouvelles du jour ou aux
faits divers qui ont le caractère de simples informations de presse.
ARTICLE
10.
En ce qui concerne la faculté de faire licitement des emprunts à des œuvres littéraires ou
artistiques pour des publications destinées à l'enseignement ou ayant un caractère scientifique,
ou pour des chrestomathies, est réservé l'effet de la législation des pays de l'Union et des
arrangements particuliers existants ou à conclure entre eux.
ll.
ARTICLE
Les stipulations de la présente Convention s'appliquent à la représentation publique des
œuvres dramatiques ou dramatico-musicales, et à l'exécution publique des œuvres musicales,
que ces œuvres soient publiées ou non.
sont, pendant la durée de leur
Les auteurs d'œuvres dramatiques ou dramatico-musicales
droit sur l'œuvre originale, protégés contre la représentation publique non autorisée de la
traduction de leurs ouvrages.
Pour jouir de la protection du présent article, les auteurs, en publiant leurs œuvres, ne
sont pas tenus d'en interdire la représentation ou l'exécution publique.
ARTICLE
12.
Sont spécialement comprises parmi les reproductions
illicites auxquelles s'applique la
présente Convention, les appropriations
indirectes non autorisées d'un ouvrage littéraire ou
artistique, telles que : adaptations, arrangements de musique, transformations
d'un roman,
d'une nouvelle ou d'une poésie en pièce de théâtre et réciproquement, &c., lorsqu'elles ne sont
que la reproduction de cet ouvrage, dans la même forme ou sous une autre forme, avec des
changements, additions ou retranchements, non essentiels, et sans présenter le caractère d'une
nouvelle œuvre originale.
ARTICLE
13.
et,
Les auteurs d'œuvres musicales ont le droit exclusif d'autoriser : (1) l'adaptation de ces
œuvres à des instruments servant à les reproduire mécaniquement ; (2) l'éxécution publique des
mêmes œuvres au moyen de ces instruments.
Des réserves et conditions relatives à l'application
de cet article pourront être déter
minées par la législation
intérieure de chaque pays, en ce qui le concerne , mais toutes
réserves et conditions de cette nature n'auront qu'un effet strictement limité au pays qui les
aurait établies.
y
14,
#
e
la
de
Q
le
Les auteurs d'œuvres littéraires,
droit exclusif d'autoriser
---, scientifiques ou artistiques ont
reproduction
représentation publique
cinématographie.
leurs œuvres par
et
la
la
ne
2
ARTICLE
-
et
de ce
où et
la
3
en
en
la
de
par suite, n'est pas applicable,
La disposition de l'alinéa 1º n'a pas d'effet rétroactif
l'Union, aux œuvres qui, dans
pays, auront été adaptées licitement aux
dans un pays
vigueur
présente Convention.
instruments mécaniques avant
mise
importées, sans
Les adaptations faites
vertu des alinéas
du présent article
autorisation des parties intéressées, dans un pays
elles
seraient pas licites, pourront
être saisies.
�(
)
6
ou
en
la
la
à
la
à
ou
ou
la
et
de
à
de un
la
de
les
Sont protégées comme œuvres littéraires ou artistiques les productions cinématographiques
lorsque, par
dispositifs
mise
scène
les combinaisons des incidents représentés,
original.
l'auteur aura donné l'œuvre
caractère personnel
reproduction par
Sans préjudice des droits
l'auteur
l'œuvre originale,
cinémato
graphie d'une œuvre littéraire, scientifique
artistique est protégée comme une œuvre
originale.
reproduction
production obtenue par
Les dispositions qui précèdent s'appliquent
cinématographie.
tout autre procédé analogue
ARTICLE
15.
présente Convention soient, jusqu'à
des ouvrages protégés par
contraire, considérés comme tels
admis,
conséquence, devant les tribunaux des
l'Union, exercer des poursuites contre les contrefacteurs,
divers pays
suffit que leur nom
soit indiqué sur l'ouvrage
manière usitée.
pseudonymes,
Pour les œuvres anonymes
l'éditeur dont
nom est indiqué sur
l'ouvrage est fondé
sauvegarder les droits appartenant
est, sans autres preuves,
l'auteur.
réputé ayant cause
pseudonyme.
l'auteur anonyme
il
Il
ou
de
à
à
le
ou
la
en
à
de
et
en
la
Pour que les auteurs
preuve
ARTICLE
les
16.
de
où
de
la de
17.
ne
de
ARTICLE
la de en
à
a
ou
a
La
la
à
la a
où
Toute œuvre contrefaite peut être saisie par
autorités compétentes des pays
l'Union
protection légale.
l'œuvre originale
droit
Dans ces pays,
saisie peut aussi s'appliquer aux reproductions provenant d'un pays
l'œuvre n'est pas protégée
cessé
l'être.
législation intérieure
chaque pays.
saisie
lieu conformément
de
ou
de ce
à
ou
18.
au
La
ARTICLE
en
à
ce
de
la
de
de
de
au
au
la
présente Convention
peuvent porter préjudice,
quoi que
Les dispositions
soit,
permettre,
droit qui appartient
Gouvernement
chacun des pays
l'Union
surveiller, d'interdire, par des mesures
législation
police intérieure,
circulation,
l'égard desquels l'autorité com
représentation, l'exposition
production
tout ouvrage
pétente aurait
exercer
droit.
de
où
du
le
de
A
le
à
1 de
de
en
r
en
la
présente Convention n'empêchent pas
revendiquer l'application
Les dispositions
dispositions plus larges qui seraient édictées par
législation d'un pays
l'Union
faveur
étrangers
général.
de
19.
de
de
la
ARTICLE
7.
de
la
de
où
la
le
et
en
de
à
3
ce
à
à
de
ce
ou
de
à
la
de
de
de
la
le
si de
la
de
la
ne
à
présente Convention s'applique
toutes les œuvres qui,
moment
son entrée
sont pas encore tombées dans
domaine public
leur pays d'origine par l'expira
protection.
tion
durée
Cependant,
protection
qui lui était
une œuvre, par l'expiration
durée
reconnue, est tombée dans
pays
protection est
antérieurement
domaine public
réclamée, cette œuvre n'y sera pas protégée
nouveau.
L'application
principe aura lieu suivant les stipulations contenues dans les conventions
spéciales existantes
conclure
cet effet entre pays
l'Union.
défaut
semblables
qui
stipulations, les pays respectifs régleront, chacun pour
concerne, les modalités relatives
cette application.
également
Les dispositions qui précêdent s'appliquent
cas
nouvelles accessions
protection serait étendue par application
l'Union
dans
cas
durée
l'article
vigueur,
�(
)
7
ARTICLE
20.
Les Gouvernements des pays de l'Union se réservent le droit de prendre entre eux des
arrangements particuliers, en tant que ces arrangements conféreraient aux auteurs des droits
plus étendus que ceux accordés par l'Union, ou qu'ils renfermeraient
d'autres stipulations non
contraires à la présente Convention.
Les dispositions des arrangements existants qui répondent
aux conditions précitées restent applicables.
ARTICLE
21.
Est maintenu l'office international institué sous le nom de ** Bureau de l'Union imter
nationale pour la protection des œuvres littéraires et artistiques."
Ce Bureau est placé sous la haute autorité du Gouvernement de la Confédération Suisse,
qui en règle l'organisation et en surveille le fonctionnement.
La langue officielle du Bureau est la langue française.
ARTICLE
22.
Le Bureau international centralise les renseignements de toute nature relatifs à la
protection des droits des auteurs sur leurs œuvres littéraires et artistiques.
Il les coordonne
et les publie.
Il procède aux études d'utilité commune intéressant l'Union et rédige, à l'aide
des documents qui sont mis à sa disposition par les diverses Administrations,
une feuille
périodique, en langue française, sur les questions concernant l'objet de l'Union.
Les Gouverne
ments des pays de l'Union se réservent d'autoriser, d'un commun accord, le Bureau à publier
une édition dans une ou plusieurs autres langues, pour le cas où l'expérience en aurait démontré
le besoin.
ils
Le Bureau international doit se tenir en tout temps à la disposition des membres de
l'Union pour leur fournir, sur les questions relatives à la protection des œuvres littéraires et
artistiques,
à
de
sa
du
pourraient avoir besoin.
les renseignements spéciaux dont
gestion un rapport
Bureau international fait sur
communiqué
tous les membres
l'Union.
Le Directeur
amnuel
qui est
en
de
du
ARTICLE 23.
de
Chaque
3 5
, 5)
,, ,, ,,
20
©t @
10
la
et
chaque classe,
somme des
dépense totale doit être divisée.
de
au
le
de
de
le
le
Ces coefficients sont multipliés par
nombre des pays
produits ainsi obtenus fournit
nombre d'unités par lequel
dépense.
Le quotient donne
montant
l'unité
lö
©
© º
$
la de
º
$
º
... ...
* g
4 @
$ e
e
º
s
e
$
$
#
s
s ©
25 unités.
-
$
-
s
- -
e
© a
a
- -
é
º
«
---
-
e «e ©
º ©
º
6me
º
e
º
3me
4ºº
5ºº
...
classe
, , ,, , ,
lº
2me
© a
º
la
à
et
la
de
:
en
à
au
la
ne
Les dépenses
Bureau
l'Union internationale sont supportées
commum par les pays
Jusqu'à nouvelle décision, elles
pourront pas dépasser
contractants.
somme
soixante
mille francs par année.
Cette somme pourra être augmentée
besoin par simple décision
d'une des Conférences prévues
l'article 24.
part contributive
Pour déterminer
chacun des pays dans cette somme totale des
frais, les pays contractants
ceux qui adhéreront ultérieurement
l'Union sont divisés
six
proportion d'un certain nombre d'unités, savoir
classes contribuant chacune dans
Administrations.
et
du
en
à
le
et
le
à
il
pays déclarera,
moment
son accession, dans laquelle des susdites classes
être rangé.
budget
L'Administration suisse prépare
Bureau
surveille les dépenses, fait
compte annuel qui sera communiqué
les avances nécessaires
établit
toutes les autres
demande
�(
8
ARTICLE
)
24.
la
la
à
et
le
de
où
du
de
les
La présente Convention peut être soumise à des revisions en vue d'y introduire les
améliorations de nature à perfectionner le système de l'Union.
Les questions de cette nature, ainsi que celles qui intéressent à d'autres points de vue le
développement de l'Union, sont traitées dans des Conférences qui auront lieu successivement
pays
pays
dans
l'Union entre les délégués desdits pays. L'Administration
doit
siéger une Conférence prépare, avec
concours du Bureau international, les travaux
celle-ci.
prend part aux discussions sans
Le Directeur du Bureau assiste aux séances des Conférences
voix délibérative.
présente Convention n'est valable pour l'Union que moyennant
Aucun changement
composent.
l'assentiment unanime des pays qui
ARTICLE
25.
et
la
les
à
et
les
4
du
au
de
ou
9
du
la
de
de
la
de
la
à
de
à
au
présente Convention,
de
à
y et
de
la
la
qui assurent
protection légale des droits faisant l'objet
l'Union
peuvent
accéder sur leur demande.
par
Cette accession sera notifiée par écrit
Gouvernement
Confédération Suisse,
celui-ci
tous les autres.
plein droit, adhésion
Elle emportera,
toutes
clauses
admission
tous
avantages stipulés dans
présente Convention.
Toutefois, elle pourra contenir l'indication des
dispositions
Septembre 1886
Convention
l'Acte additionnel
Mai 1896
qu'ils jugeraient nécessaire
substituer, provisoirement
moins, aux dispositions correspon
présente Convention.
dantes
Les États étrangers
ARTICLE
26.
la
à
la
à
de
et
en
au
à
se
y
ou
à
ou
le
en
présente Convention pour
Les pays contractants ont
droit d'accéder
tout temps
possessions étrangères.
leurs colonies
Ils peuvent,
cet effet, soit faire une déclaration générale par laquelle toutes leurs
possessions sont comprises dans l'accession, soit nommer expressément celles qui
colonies
indiquer celles qui
sont comprises, soit
borner
sont exclues.
par
Cette déclaration sera notifiée par écrit
Gouvernement
Confédération Suisse,
celui-ci
tous les autres.
ARTICLE
27.
de la
du
4
la
de
tel
ils
ou
la
de
la
ne
en
et
le
et
y
9
du
du
de
La présente Convention remplacera, dans les rapports entre les Etats contractants,
Septembre 1886,
compris l'Article additionnel
Convention
Berne
Protocole
clôture
même jour, ainsi que l'Acte additionnel
Déclaration interprétative
Mai
vigueur dans les rapports avec les Etats
1896.
Les actes conventionnels précités resteront
qui
présente Convention.
ratifieraient pas
présente
pourront,
l'échange
Les Etats signataires
Convention
lors
des
ratifications,
point, rester encore liés par les
déclarer qu'ils entendent, sur tel
dispositions des Conventions auxquelles
ont souscrit antérieurement.
ARTICLE
28.
au
à
et
en
plus
La présente Convention sera ratifiée,
les ratifications
seront échangées
Berlin
1º Juillet 1910.
Chaque Partie contractante remettra, pour l'échange des ratifications, un seul instrument,
le
la
Confédération
d'échange des
29.
exécution trois mois après l'échange des ratifications
partir
vigueur pendant un temps indéterminé, jusqu'à l'expiration d'une année
dénonciation
aura été faite.
à
à
en
où
du jour
la en
La présente Convention sera mise
demeurera
du
y un
en
ARTICLE
de
du
qui sera déposé, avec ceux des autres pays, aux archives
Gouvernement
Chaque Partie recevra
exemplaire
procès-verbal
Suisse.
retour
qui auront pris part.
ratifications, signé par les Plénipotentiaires
et
tard
�(
)
9
Cette démonciation sera adressée au Gouvernement de la Confédération Suisse.
Elle me
produira son effet qu'à l'égard du pays qui l'aura faite, la Convention restant exécutoire pour
les autres pays de l Union.
ARTICLE
30.
Les Etats qui introduiront dans leur législation la durée de protection de cinquante ans
1*, de la présente Convention, le feront connaitre au Gouverne
ment de la Confédération Suisse par une notification écrite qui sera communiquée aussitót par
ce Gouvermement à tous les autres Éfats de l Union.
Il en sera de méme pour
Etats qui remonceront aux réserves faites par eux
vertu
en
les
prévue par l'article 7, alinéa
y
et
un
en
et
la
de
la
à
du le
13
la
de
foi
et
des articles 25, 26,
27.
quoi, les Plénipotentiaires
respectifs ont signé
présente Convention
En
ont
apposé leurs cachets.
Berlin,
Fait
Novembre mil neuf cent huit,
seul exemplaire, qui sera déposé
dans les archives
Gouvernement
Confédération Suisse
dont des copies, certifiées
conformes, Seront remises par
voie diplomatique aux pays contractants.
the Convention creating the International
of
Text, 1908,
Revised
Copyright
|Reprinted
from the United
Union.
States Publishers'
1.
ARTICLE
Weekly.]
into
2.
in
of
of
a
to
protect literary and artistic works.-The contracting countries are constituted
Union
union for the protection
the rights
authors
their literary and artistic works.
ARTICLE
or
or
or
or
;
or
to
;
of
in
or
of
as
of
in
of
literary and artistic works. The expression literary and artistic works
Definition
includes all productions
the literary, scientific,
artistic domain, whatever the mode
form
reproduction, such
books, pamphlets, and other writings; dramatic
dramatico-musical
works; choreographic works and pantomimes, the stage directions (mise-en-scène)
which
writing
are fixed
otherwise
musical compositions with
without words; drawings,
paintings; works
architecture
and sculpture; engravings and lithographs illustrations;
geographical charts; plans, sketches, and plastic works relating
geography, topography,
architecture,
the sciences,
as
so
as
of
to
of
ARTICLE
to
to
to
be
to
protected. The present Convention applies
photographic works
works
photography.
obtained by any process analogous
The contracting countries
guarantee protection
such works.
to
to
Photographic
and
works
are pledged
3.
of
to
of
to
in
of
of
as
to
as
or
a
of
Translations, arrangements, and adaptations protected. Translations,
adaptations, arrange
literary
music, and other reproductions transformed from
ments
artistic work,
well
compilations from different works, are protected
original works without prejudice
the
rights
the author
the original work.
The contracting countries are pledged
secure protection
the case
the works
mentioned
above.
.
industry. Works
industry are protected
Works
art applied
art applied
far
the domestic legislation
each country allows.
�(
10
ARTICLE
)
4.
Authors to enjoy in countries of the Union the rights granted to ºvatives. Authors within the
jurisdiction of one of the countries of the Union enjoy for their works, whether unpublished or
published for the first time in one of the countries of the Union, such rights, in the countries
other than the country of origin of the work, as the respective laws now accord or shall here
after accord to natives, as well as the rights specially accorded by the present Convention.
No formalities required. The enjoyment and the exercise of such rights are not subject to
any formality; such enjoyment and such exercise are independent of the existence of protection
Consequently, apart from the stipulations
in the country of origin of the work.
of the present
Convention,
the extent of the protection,
as
well as the means of redress guaranteed
to the
author to safeguard his rights, are regulated exclusively according to the legislation of the
country where the protection is claimed.
Definition of country of origin.-The following is considered as the country of origin of
works, the country to which the author belongs; for published
the work: for unpublished
works, the country of first publication, and for works published simultaneously
in several
countries of the Union, the country among them whose legislation grants the shortest term of
protection.
For works published simultaneously in a country outside of the Union and in a
country within the Union, it is the latter country which is exclusively considered as the country
of origin.
Published works.-By published works
to the present Convention,
works which have
work, the
of a dramatic or dramatico-musical
a work of art, and the construction of a work
publiées) must be understood, according
been issued (oeuvres éditées).
The representation
performance of a musical work, the exhibition of
of architecture do not constitute publication.
(oeuvres
ARTICLE
5.
Authors of countries of the Union have same rights as natives of other countries. Authors
within the jurisdiction of one of the countries of the Union who publish their works for the
first time in another country of the Union have in this latter country the same . rights as
mational authors.
ARTICLE
6.
Authors not belonging to countries of the Union also protected if they first publish in a Union
country. Authors not within the jurisdiction of any one of the countries of the Union, who
publish for the first time their works in one of these countries, enjoy in that country the
same rights as national authors, and in the other countries of the Union the rights accorded by
the present Convention.
ARTICLE
7.
Term of protection : life and fifty years.-The term of protection granted by the present
Convention comprises the life of the author and fifty years after his death.
not adopted, laws of country to govern term. In case this term, however, should not be
adopted uniformly by
the countries
the Union, the duration
the protection shall
regulated
claimed, and cannot exceed the
the law
the country where protection
origin
term granted
the country
the work. The contracting countries will consequently
only
required
apply the provision
the preceding paragraph
the extent
which
agrees with their domestic law.
pseudonymous works, For photographic
Term for photographic, posthumous, amonymous,
process analogous
photography, for posthumous works, for
works and works obtained
anonymous
pseudonymous works, the term
protection
regulated
the law
the
country where protection
claimed, but this term may not exceed the term fixed
the country
is
of
of
it
to
or
the work.
ARTICLE
of
8.
is
in
is
by
to
of
or
of
of
origin
to
of
of
of
a
by
to
be
be
in by
of all
If
to
or
of of of
to
in
of
in
of of
of in
of
of
right
unpublished works within the
translation for entire term. Authors
one
the countries
the Union, and authors
works published for the first
these countries, enjoy
the other countries
the Union during the whole
term
the right
the original work the exclusive right
make
authorise the translation
of their works.
Eacclusive
jurisdiction
time
one
�(
11
)
ARTICLE
9.
in newspapers or periodicals.-Serial stories (romans
novels, and all other works, whether literary, scientific, or artistic, whatever may
be their subject, published in newspapers or periodicals of one of the countries of the Union,
may not be reproduced in the other countries without the consent of the authors.
Reproduction
of newspaper articles.
With the exception of serial stories (romans
feuilletons) and of novels, any newspaper article may be reproduced by another newspaper if
reproduction has not been expressly forbidden.
The source, however, must be indicated.
The
confirmation of this obligation shall be determined by the legislation of the country where
protection is claimed.
Mews items not protected. The protection of the present Convention does not apply to news
of the day or to miscellaneous news having the character merely of press information.
Serial
feuilletons),
novels protected when published
ARTICLE
10.
Extracts from literary or artistic works for educational publications. As concerns the right
of borrowing lawfully from literary or artistic works for use in publications intended for
instruction or having a scientific character, or for chrestomathies, the provisions of the legislation
of the countries of the Union and of the special treaties existing or to be concluded between
them shall govern.
ARTICLE
ll.
Representation of dramatic or dramatico-musical
works.-The stipulations of the present
Convention apply to the public representation of dramatic or dramatico-musical
works and to
the public performance of musical works, whether these works are published or not.
Representation of translations of dramatic works. Authors of dramatic or dramatico-musical
works are protected, during the term of their copyright in the original work, against the
unauthorised public representation of a translation of their works.
Notice of reservation of performance not required. In order to enjoy the protection of this
article, authors, in publishing their works, are not obliged to prohibit the public representation
or public performance of them.
ARTICLE
12.
Adaptations, etc., considered as infringements.-Among the unlawful reproductions to which
the present Convention applies are specially included indirect, unauthorised appropriations of a
literary or artistic work, such as adaptations, arrangements of music, transformations
of
a romance or novel or of a poem into a theatrical piece, and vice versá, etc., when they are only
the reproduction of such work in the same form or in another form with non-essential changes,
additions, or abridgments, and without presenting the character of a new, original work.
ARTICLE
13.
Adaptation of musical works to mechanical instruments.-Authors of musical works have
the exclusive right to authorise (1) the adaptation of these works to instruments serving to
reproduce them mechanically;
(2) the public performance of the same works by means of these
instruments.
Each country to regulate for itself the mamme, in which Convention shall apply. The
limitations and conditions relative to the application of this article shall be determined by the
domestic legislation of each country in its own case ; but all limitations and conditions of this
nature shall have an effect strictly limited to the country which shall have adopted them.
Not retroactive. The provisions of paragraph 1 have no retroactive effect, and therefore
are not applicable in a country of the Union to works which in that country shall have been
lawfully adapted to mechanical instruments before the going into force of the present
Convention.
Importation of mechanical musical appliances prohibited. The adaptations made by virtue
of paragraphs 2 and 3 of this article and imported without the authorisation of the parties
interested into a country where they are not lawful may be seized there.
�(
)
12
ARTICLE
14.
Reproduction by cinematograph.-Authors of literary, scientific, or artistic works have the
exclusive right to authorise the reproduction and the public representation
of their works by
means of the cinematograph.
Cinematographic
productions
protected. Cinematographic
productions
are protected as
literary or artistic works when by the arrangement of the stage effects, or by the combination
of incidents represented, the author shall have given to the work a personal and original
character.
Cinematographs copyrightable. Without
prejudice to the rights of the author in the
Original work, the reproduction by the cinematograph of a literary, scientific, or artistic work is
protected as an original work.
Also any analogous production. The preceding provisions apply to the reproduction or
production obtained by any other process analogous to that of the cinematograph.
ARTICLE
15.
Author's name indicated on work sufficient proof of authorship. In order that the authors
of the works protected by the present Convention may be considered as such until proof to the
contrary, and admitted in consequence before the courts of the various countries of the Union
to proceed against infringers, it is sufficient that the author's name be indicated upon the work
in the usual manner.
Publisher of anonymous or pseudonymous works considered as representative of author. For
anonymous or pseudonymous works, the publisher whose name is indicated upon the work is
entitled to protect the rights of the author.
He is without other proofs considered, the legal
representative
of the anonymous
or pseudonymous
author.
ARTICLE
16.
Seizure of pirated copies. All infringing works may be seized by the competent authorities
of the countries of the Union where the original work has a right to legal protection.
Seizure may also be made in these countries of reproductions which come from a country
where the copyright in the work has terminated, or where the work has not been protected.
Seizure to be made according to the laws of each country. The seizure takes place in
conformity with the domestic legislation of each country.
ARTICLE
17.
Jach Government to evercise supervision as to circulation, representation, or exhibition of
worſes. The provisions of the present Convention may not prejudice in any way the right
which belongs to the Government of each of the countries of the Union to permit, to supervise,
or to forbid, by means of legislation or of domestic police, the circulation, the representation, or
the exhibition of every work or production in regard to which competent authority may have to
.
exercise this right.
ARTICLE
its
18.
-
-
was previously
claimed, such
~
*
~
*
is
of
protection which
where protection
in
be
may govern.-This principle will
applied
that effect contained
the special conventions either
in
stipulations
to
the
of
of
be
it
a
for if
with
the term
the country
of
by
-
But
work
reason
the expiration
secured
has fallen into the public domain
protected anew.
work will not
Special conventions and domestic legislation
of
of
of
protection.
accordance
it
at
all
of
to
going into force.
Convention to apply to all works mot in public domain at the time of
goes into effect, have not
The present Convention applies
works which,
the time
Of
origin because
fallen into the public domain
their country
the expiration
the term
�(
13
)
existing or to be concluded between countries of the Union, and in default of such stipulations,
its application will be regulated by each country in its own case.
Provisions of Convention to apply to new accessions. The preceding provisions apply equally
in the case of new accessions to the Union and where the term of protection would be extended
by the application of article 7.
ARTICLE
19.
More extensive rights may be granted by domestic legislation. The provisions of the present
Convention do not prevent a claim for the application of more favourable provisions which may
be enacted by the legislation of a country of the Union in favour of foreigners in general.
ARTICLE
20.
More extensive right may be secured by special treaties. The Governments of the countries of
the Union reserve the right to make between themselves special treaties, when these treaties
would confer upon authors more extended rights than those accorded by the Union, or when
they contain other stipulations not conflicting with the present Convention.
The provisions of
existing treaties which answer the aforesaid conditions remain in force.
ARTICLE
21.
Bureau of the International Union. The international office instituted under the name of
Bureau of the International Union for the Protection of Literary and Artistic Works
( Bureau de l Union Internationale pour la protection des CEuvres Littéraires et Artistiques )
is maintained.
Under control of Switzerland. This Bureau is placed under the high authority of the
Government of the Swiss Confederation,
which controls its organisation and supervises its
working.
Language of Bureau to be French.-The
official language of the Bureau is the French
language.
ARTICLE
22.
Duties of International Bureau.-The International Bureau brings together, arranges, and
publishes information of every kind relating to the protection of the rights of authors in their
literary and artistic works.
It studies questions of mutual utility interesting to the Union,
and edits, with the aid of documents placed at its disposal by the various administrations, a
periodical in the French language, treating questions concerning the purpose of the Union.
of the countries of the Uuion reserve the right to authorise the Bureau by
common accord to publish an edition in one or more other languages, in case experience
demonstrates the need.
Will furnish information as to copyright. The
International Bureau must hold itself at
all times at the disposal of members of the Union to furnish them, in relation to questions
concerning the protection of literary and artistic works, the special information of which they
have need.
The Governments
Director of the International Bureau.-The Director of the International Bureau makes an
annual report on his administration, which is communicated to all the members of the Union.
ARTICLE
23.
Ea'penses of the International Bureau to be shared by contracting States. The expenses of the
Bureau of the International Union are shared in common by the contracting countries.
Until
a new decision, they may not exceed sixty thousand francs per year.
This sum may be
increased when needful by the simple decision
of one of the conferences provided for in
article 24.
Method of sharing expenses. To determine the part of this sum total of expenses to be paid
by each of the countries, the contracting countries and those which later adhere to the Union
�(
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class
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to a certain
-
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e
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to wit
)
14
in
be of
to
of
of
24.
be
ARTICLE
to
be
of
to
of
be
it
to
at
of
of
is
of
of
of
These coefficients are multiplied by the number
countries
each class, and the sum
the products thus obtained furnishes the number
units by which the total expense
expense.
divided.
The quotient gives the amount
the unit
Each country shall declare,
the time
its accession,
which
the above-mentioned
placed.
classes
desires
prepare the budget
Swiss Administration
the International Bureau, etc. The
Swiss
Administration prepares the budget
the Bureau and superintends its expenditures, makes
necessary advances, and draws up the annual account, which shall
communicated
all other
administrations.
a
to
of
as
as
of
to
of
be
in
of
a
of
of
to
a
is
of
of in
of
of
in
of
to
in
of
of
to
of
present Convention may
subjected
Revision
Convention. The
revision with
view
perfect the system
the introduction
amendments calculated
the Union.
To take place successively
the countries
the Union. Questions
this nature,
well
those which from other points
view pertain
the development
the Union, are considered
the conferences which will take place successively
the countries
the Union between the
delegates
the said countries.
The administration
the country where
conference
held will, with the co-operation
the International Bureau, prepare the business
the same.
The Director
the Bureau will attend the meetings
the conferences and take part
the
discussions without
deliberate voice.
it.
is
States outside
the Union which assure legal protection
upon their
the present Convention may accede
it
to
of
of
Accession
other countries. The
the rights which are the object
request.
25.
of
of
ARTICLE
the present Convention
valid for the
the countries which compose
of in
of
on
Changes require unanimous consent. No change
condition
the unanimous consent
Union except
to
in
be
to
It
to
at
of
or
9,
of
be
of
it
as
of
4,
of
in
all
to
all
to
of
of
by
be
by
writing
made known
Switzerland. This accession shall
made known
the
the Swiss Confederation and
the latter
all the others.
May 8wbstitute provisions
previous conventions. Such accession shall imply full adhesion
the clauses and admission
the advantages stipulated
the present Convention.
may, however, indicate such provisions
September
1886,
the Convention
the
May
1896,
may
judged necessary
Additional Act
substitute provisionally,
least, for the corresponding provisions
the present Convention.
To
Government
ARTICLE
26.
to
it.
of
to
in
to be
ARTICLE
27.
to
to
replace
Present Convention
Berne Convention and
Convention remains
force between countries not signatory
in
all
by
or
or
in
to
or or
a
to
at
or
foreign possessions. The contracting countries have the right
Accession for colonies
any time
foreign possessions.
accede
the present Convention for their colonies
They may, for that purpose, either make
general declaration
which
their colonies
possessions are included
the accession,
name expressly those which are included therein,
indicating those which are excluded from
confine themselves
writing
This declaration shall
made known
the Government
the Swiss Con
federation, and by the latter
all the others.
Additional Articles.
But Berne
present Convention. The
present
�(
)
15
Convention shall replace, in the relations between the contracting States, the Convention of
Berne of September 9, 1886, including the Additional Article and the Final Protocol of the
same day, as well as the Additional Act and the Interpretative Declaration of May 4, 1896.
The Convention Acts above mentioned shall remain in force in the relations with the States
which do not ratify the present Convention.
Sigmatory States may declare themselves bound by former conventions upon certain points.
The States signatory to the present Convention may, at the time of the exchange of ratifications,
declare that they intend, upon such or such point, still to remain bound by the provisions of
the conventions to which they have previously subscribed.
ARTICLE
28.
Convention to be ratified not laler than July 1, 1910.-The present Convention shall be
ratified, and the ratifications shall be exchanged at Berlin, not later than the first of July, 1910.
contracting party shall send, for the
Instrument to be filed with Swiss Government. Each
exchange of ratifications, a single instrument, which shall be deposited, with those of the other
countries, in the archives of the Government of the Swiss Confederation.
Each party shall
receive in return a copy of the procès-verbal of the exchange of ratifications, signed by the
plenipotentiaries
who shall have taken part therein.
ARTICLE
29.
Convention to take effect three months after exchange of ratifications. The present Convention
shall be put into execution three months after the exchange of the ratifications, and shall
remain in force for an indefinite time, until the expiration of one year from the day when
denunciation of it shall have been made.
of
in
it,
Withdrawal from the Convention. This denunciation shall be addressed to the Government
of the Swiss Confederation.
It shall only be effective as regards the country which shall have
made
the Convention remaining
force for the other countries
the Union.
ARTICLE
30.
a
1,
of
by
be
to
of
of
in
by
of
protection for life and fifty years.
be of
in of
be
of
a
general term
of
provides for
a
Article
7
*
to
of
in
at
of
of
as
be
of
at
be it
to
of
7,
be
to
of
of
of
Adoption
term
life and fifty years
motified. The States which introduce into their
fifty years provided for by article
legislation the term
protection
paragraph
the
present Convention, shall make
known
the Government
the Swiss Confederation
written notification, which shall
communicated
Once by that Government
all the other
countries of the Union.
given
any reservations. It shall
Notice shall
renouncement
the same for such
States
shall renounce any reservations made
them
virtue
articles 25, 26, and 27.
Signatures. In testimony
which the respective Plenipotentiaries
have signed the
present Convention and have attached thereto their seals.
signing, Wovember 13, 1908.-Dome
November, one
Date
Berlin the thirteenth
single copy, which shall
deposited
thousand nine hundred and eight,
the archives
the Government
the Swiss Confederation, and
which copies, properly certified, shall
sent through diplomatic channels
the contracting countries.
�
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Convention de Berne Revisée pour la Protection des Œuvres Littéraires et Artistiques (1909)
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copyright
publications
The Author
-
https://historysoa.com/files/original/4/436/1912-07-01-Supplement-22-10-Copyright-Act-1911.pdf
85bc7bcd034de3598f243beed8c3aab8
PDF Text
Text
The Author
( THE ORGAN OF
THE
INCORPORATED
SOCIETY
OF
AUTHORS ).
SUPPLEMENT .
COPYRIGHT ACT ,
[1
2 Geo
&
. 5.
CH
1911 .
. 46 .]
.
ARRANGEMENT OF SECTIONS
PART I.
COPYRIGHT .
.
.
,
.
.
as
to
of
.
Libraries
.
of
Books
Works
.
Certain
.
.
.
.
's
His Majesty
dominions
to
.
.
of 7,
c
.
Edw
parts
29
.
in 7
to
. .
of
as as
to
as as
as
to to
to
.
to
.
British Museum and other libraries
as
to
of
to
.
of
of
copies
Special Provisions
joint authors
Posthumous works
Provisions
Government publications
Provisions
mechanical instruments
political speeches
Provision
photographs
Provisions
designs registrable under
Provisions
foreign authors first published
Works
Act extends
Existing works
*
Copies
copies
Delivery
.
.
,
&
c
.
Remedies
Importation
.
&
c
.
.
in
of
to
or .
of on of
of to
.
.
Summary
24
copies
,
Works
of
Delivery
of
.
Importation
.
109 8 7
. . .
13 12
. 11
Penalties for dealing with infringing copies
Appeals
quarter sessions
provisions
summary remedies
Extent
14
.
15
Remedies
infringement
copyright
Civil remedies
Rights
dealing with infringing
owner against persons possessing
Exemption
pay damages
innocent infringer from liability
Restriction
remedies
the case
architecture
Limitation
actions
20 19 18 16
23
. 21
. . . . 17
. .
. 22
for
Civil
6.
.
Rights
Section ,
1. Copyright .
Infringement of copyright .
2.
3.
Term of copyright .
Compulsory licences .
4.
5 . Ownership of copyright , &c .
&
c
IMPERIAL
which
�(
)
2
Application to British
25 .
26 .
Possessions
.
Application of Act to British Dominions .
Legislative powers of self - governing Dominions .
Power of Legislatures of British possessions to pass supplemental
Application to protectorates .
27.
28 .
PART
INTERNATIONAL
legislation
.
II .
COPYRIGHT ,
Power to extend Act to foreign works .
Application of Part II . to British possessions.
29 .
30 .
Part III .
SUPPLEMENTAL
PROVISIONS .
Abrogation of common law rights .
Provisions as to Orders in Council .
Saving of university copyright .
Saving of compensation
to certain libraries .
Interpretation .
Repeal .
She
Short title and commencement ,
31.
32 .
33 .
34 .
35.
36 .
37.
SCHEDULES .
An Act
to
amend and consolidate the Law relating
to
Copyright
[ 16th
.
December
,
1911
.]
enacted by the King 's most Excellent Majesty , by and with the advice and
of the Lords Spiritual and Temporal , and Commons , in this present Parliament
assembled , and by the authority of the same, as follows
BE it
consent
:
PART
IMPERIAL
1.
COPYRIGHT
.
Rights .
- ( 1 ) Subject to the provisions of this Act, copyright shall subsist throughout the
of His Majesty 's dominions to which this Act extends
the term herein after
every original literary dramatic musical and artistic work
mentioned
published work
the case
the work was first published within such parts
His Majesty
dominions
aforesaid
and
unpublished work
the case
the author was
the date
the making
the work
British subject
resident within such parts
His Majesty
dominions
aforesaid
but
other works except
far
the protection conferred
this Act
extended
by Orders
which this Act
self governing dominions
Council thereunder relating
foreign countries
does not extend and
copyright means the sole right
produce
For the purposes
this Act
reproduce the work
any substantial part thereof
any material form whatsoever
any substantial part thereof
perform
the case
lecture
deliver the work
public
unpublished
publish the work
any substantial part thereof
the work
and shall include the sole right
produce reproduce perform
publish any translation
the work
the case
dramatic work
convert
into
novel
other non dramatic
work
,
of
's
of of
-
to
is
;
;
-
or of
a
or or
,
in
it
to or
, ,
to
,
to
,
,
,
a
in to or
”
to
.
,
“
of
a
is
,
of
to
as
by
;
so
to
of
in
;
if
In to
or
or
(
2
)
,
at
;
as
or
,
an
,
no
in
in
as
(
6
)
in
a of
's
of
(a
)
in
of
a
,
in
if
-
for
1.
parts
;
.
(6 (a
) )
Copyright
�the case of a novel or other non -dramatic work , or of an artistic work , to
convert it into a dramatic work , by way of performance in public or otherwise •
(d ) in the case of a literary , dramatic , or musical work , to make any record ,
perforated roll, cinematograph film , or other contrivance by means of which the
work may be mechanically performed or delivered ,
( c) in
and to authorise any such acts as aforesaid .
.
( 3 ) For the purposes of this Act, publication , in relation to any work , means the issue
of copies of the work to the public , and does not include the performance in public of a
dramatic or musical work , the delivery in public of a lecture , the exhibition in public of an
artistic work , or the construction of an architectural work of art , but , for the purposes of
this provision , the issue of photographs and engravings of works of sculpture and archi
tectural works of art shall not be deemed to be publication of such works .
2 . - ( 1) Copyright in a work shall be deemed to be infringed by any person who, Infringement
without the consent of the owner of the copyright, does anything the sole right to do which of copyright .
is by this Act conferred on the owner of the copyright : Provided
that the following acts
shall not constitute an infringement of copyright
( i) Any fair dealing with any work for the purposes of private study , research ,
:
of
,
of
,
of
a
in
,
if
,
in or
,
-
so
,
of
:
of
( or
of
a
by
,
,
in
of
to
i()
in
by
to
of
by
in
a
(
2
)
.
in
as
;
in
is
of
or
or
a
of
, at
,
is
a
,
in
:
is
a
byof
in
is a
or :
in
in
in
of of
of
by
:
,
,
of
any
fide intended for the use
schools
and
described
the title and
advertisements issued by the publisher
short passages from published literary
works not themselves published for the use
schools
which copyright sub
subsists
Provided that not more than two
such passages from works
the
same author are published
the same publisher within five years and that the
acknowledged
source from which such passages are taken
public
newspaper
report
The publication
lecture delivered
prohibited
conspicuous written
printed notice affixed
unless the report
before and maintained during the lecture
about the main entrance
the
building
being
given
which the lecture
and except whilst the building
position near the lecturer
used for public worship
but nothing
this
paragraph
paragraph
newspaper
shall affect the provisions
summaries
any reasonable extract from
public
The reading
recitation
one person
any published work
Copyright
work shall also be deemed
be infringed by any person who
in
(
v
)
(
vi
)
or
,
,
of
or
,
or
)
(
iv
in
)
or
,
or
a
of
iii
)
or
criticism , review , or newspaper summary :
( ii ) Where the author of an artistic work is not the owner of the copyright therein ,
the use by the author of any mould , cast , sketch , plan , model or study made
by him for the purpose of the work , provided that he does not thereby repeat
or imitate the main design of that work :
publishing
paintings drawings engravings
photographs
(
The making
sculpture
permanently situate
work
artistic craftsmanship
building
public place
publishing
paintings drawings
the making
engravings
photographs
which are not
the nature
architectural draw
any architectural work
art
plans
ings
The publication
collection mainly composed
non copyright matter bonâ
as
or
to
;
or
to
an
or
or
or
;
to
's
of
;
or
,
,
he
,
of
to
of
of
no
be
to
.
,
it
if
or
or or
,
,
or
a
of
of
,
in
an
be
in or
's
,
in
a
(
3
)
-
,
or of
his
to
,
or
for
in
of
by
) )
(
id c
of
of
,
or
(
b a
) )
or
way
sells
lets for hire
trade exposes
offers for sale
hire
affect
such
extent
trade
either for the purposes
distributes
prejudicially the owner
the copyright
public
way
trade exhibits
which this
imports
His Majesty dominions
sale
hire into any part
Act extends
any work which
knowledge infringes copyright
would infringe copyright
had
hiring
into which the sale
His Majesty dominions
been made within the part
importation took place
exposure offering for sale
exhibition
hire distribution
Copyright
be infringed by any person who for
work shall also be deemed
used for the per
other place
entertainment
theatre
his private profit permits
copyright
public
the
unless
the
owner
the
consent
the
work
without
formance
reasonable ground for suspecting that the performance would
was not aware and had
copyright
infringement
�(
of :
of a
in
he
,
be
,
in
.
of
(
)
if
fit
,
,
in
to
;
,
of
of
at
of
of
,
,
to
his
,
in
be
to
,
of
,
to
to
or in
be
fit
.
on
be
, to
a
of
be
a
the author
of
this Act
,
of
the provisions
therein
or
to
,
is
by
as
,
in
as
to
the copyright
work shall
the first
:
of
of
a
of of
,
or
,
of
in
of
to
or
to
(
1
)
Subject
-
.
5
a
of
or
public
in
at
the author
of
to is
owner
be
to
of
to
or
,
or
.
or
,
,
,
of
on
as
by
,
on
in him
,
of
,
in
in
of
(
in by
to
be
,
of
,
to
of
to
is is
or
of
a
is
of :
of no
it
be
of
in
of
or
no
,
or
,
's
to
to
to
of
of
,
,
on
-
, , ,
,
to
a
to of
,
in
or
or
by
by
,
) of
of
in
,
of
be
,
a
of
as
a
to
in
,
or
an
is
,
be
to
of
,
by
by
of a
in
by
to
of
,
by
be or
,
in
or
or
of
or
of
in
or
(6
)
(
2
)
,
in
no
or
as
,
or
,
in
,
;
of
,
by
,
of
,
byan
of
in
in
(a
)
,
,
Provided that
engraving
photograph
portrait the plate
where
the case
other
original was ordered
some other person and was made for valuable considera
any agreement
pursuance
the
the absence
that order then
tion
contrary the person
other original was ordered shall
whom such plate
the first owner
the copyright
and
where the author was
the employment
some other person under
contract
apprenticeship and the work was made
service
the course
his employ
ment
that person the person
whom the author was employed shall
the
any agreement
absence
the contrary
the first owner
the copyright
newspaper magazine
but where the work
article
other contribution
any agreement
similar periodical there shall
the absence
the contrary
right
deemed
reserved
the author
restrain the publication
the
part
newspaper magazine
work otherwise than
similar periodical
any work may assign the right either wholly
The owner
the copyright
partially and either generally
subject
any self
limitations
the United Kingdom
governing dominion
other part
His Majesty
dominions
which this Act extends
and either for the whole term
the copyright
for any part thereof and may grant any
grant shall
interest
the right
licence but
such assignment
valid unless
writing signed
grant
respect
the owner
the right
which the assignment
made
his duly authorised agent
Provided that where the author
work
the first owner
the copyright therein
assignment
grant
any interest therein made
the copyright and
him
other
operative
wise than
will after the passing
this Act shall
vest
the assignee
grantee any rights with respect
the copyright
the work beyond the expiration
twenty five years from the death
the author and the reversionary interest
the copy
right expectant
the termination
that period shall
the death
the author
any agreement
notwithstanding
his legal personal representatives
the contrary devolve
of
to
be
a
,
.
of
to
or
in
a
a
,
of
of
as
a
, of
(3
)
or
to
as
be
,
of
part
his estate and any agreement entered into
the disposition
such
reversionary interest shall
null and void but nothing
this proviso shall
construed
applying
publish
the assignment
the copyright
collective work
licence
part
part
work
collective work
work
copyright the assignee becomes entitled
Where under any partial assignment
a
. of
&
c
,
to
be
in
if
or of
to
in
of
he
at of
of
or
If
.
4
any time after the death
performed
been published
which has
.
copyright
be
, ,
of
of
at
,
of
a
in
in
on
,
of
literary dramatic
musical work
complaint
made
the Judicial Com
mittee
the Privy Council that the owner
the copyright
the work has refused
republish
allow
the republication
the work
has refused
allow
public
the performance
the work
and that
reason
such refusal the work
grant
withheld from the public the owner
the copyright may
ordered
licence
reproduce the work
public
perform
the work
the case may
such terms
and subject
such conditions
the Judicial Committee may think
Compulsory
licences
Ownership
or
,
- of
a
of
,
be
at
of
in
he
.
as
which copyright shall subsist shall except
otherwise expressly
period
fifty years after his death
this Act
the life
the author and
any time after the expiration
twenty five years
Provided that
the case
work
which copyright subsists
the passing
this Act thirty years from the death
published work copyright
infringed
the author
the work shall not
deemed
by the reproduction
the work for sale
the person reproducing the work proves that
writing
reproduce the work and that
has given the prescribed notice
intention
has paid
the prescribed manner
for the benefit
the owner
the copyright
royalties
respect
all copies
the work sold by him calculated
the rate
ten per
publishes the work
cent
the price
which
and for the purposes
this proviso
the Board
Trade may make regulations prescribing the mode
which notices are
given and the particulars
given
such notices and the mode time and frequency
royalties including
they think
regulations requiring payment
the payment
royalties
advance
otherwise securing the payment
provided
.
for
3 . The term
by
Term of copy
right
)
4
�(
)
5
to any right comprised
in copyright , the assignee as respects
the right so assigned , and the
assignor as respects the rights not assigned , shall be treated for the purposes of this Act as
the owner of the copyright , and the provisions of this Act shall have effect accordingly .
Civil
.
Remedies
for
by of
of
be
of
of
be
,
in
of
in
,
of
is
,
be
,
be
or
or
is
to
is
or
so
be
,
in
in
of
,
is
,
in
of
is a
,
is
or he
of
to
or
of
so
is
of
,
if
or
by
,
or
so ;
is
's
so or
is
be
to
or
of
.
in
of
or
,
of
of of
,
for
of
be
of to
or
.
of
in
be
to
be
,
or
all
of
infringing
,
.
All
of
copyright therein
the infringement
copies
any work
any substantial
Rights
which copyright subsists
part thereof and
plates used
intended
used
the production
such infringing owner against
copies
persons
shall
deemed
the property
the owner
the copyright who accordingly possessing
ooonvorsin
may take proceedings for the recovery
respect
the possession thereof
the conversion
infringing
thereof
7
respect
or
,
is
,
in
a
of
to
printed
name purporting
that
the author
the work
otherwise
printed
indicated thereon
the usual manner the person whose name
proved be presumed
indicated shall unless the contrary
be the author
the work
printed
printed
name
indicated
the name
indicated
not
commonly known and
the author true name
the name
which
proprietor
the work
the publisher
be that
name purporting
printed
otherwise indicated thereon
the usual manner the person whose
printed
proved
presumed
name
indicated shall unless the contrary
proceedings
the owner
the copyright
the work for the purposes
no of
if
or
,
in
.
of
of
in
of
as
,
,
or
then
if
,
(
a
)
(6
)
as
,
,
in
all
of
be
a
In
to
be
in
be
(2
)
(
3
)
to
in
issue
.
a
of
,
or
all
by
6 . - ( 1 ) Where copyright in any work has been infringed , the owner of the copyright Civil reme
way
shall , except as otherwise provided by this Act, be entitled to
such remedies
dies
infringement
injunction
may
interdict damages accounts and otherwise
are
conferred
right
law for the infringement
parties
respect
any proceedings
The costs
the infringement
copyright shall
the absolute discretion
the Court
any action for infringement
copyright
any work the work shall
presumed
work
which copyright subsists and the plaintiff shall be presumed
the owner
the copyright unless the defendant puts
issue the existence
the
copyright
the case may
the title
the plaintiff and where any such question
,
.
to
,
&
c
.
on
a
Limitation
actions
.
commenced after
of
be
.
or
,
as
of
an
.
.
of in
or
,
to
or
an
to
or
of
not
.
in
which
offers
sale
or
or
any
hire any
or
;
of
of
any such work either
the purposes
trade
affect prejudicially the owner
the copyright
of
to
as
extent
for
work
trade exposes
;
of
by
way
copyright
for
work
for
a
copy
of
or
of ,
an
to
shall
Remedies
infringing
any
hire
or
;
or
lets for hire
such
copyright
knowingly
infringing copy
any such
distributes infringing copies
or
(b
)
(c
)
sells
sale
the case
architecture
the infringement
or
for
If
11
(a .)
(
)1
any person
of
infringement
next after
Restriction
.
years
of
respect
Summary
makes
subsists
pay damages
remedies
or
three
of
all
an
at
no
or
to
in
,
of
in
An
.
10
as
of
to
be
of
of
of
or
of
be
,
to in
of
a
(
)1
if
, .
-
9
(2
)
action
&
c
of
if
of
the work
building
Where the construction
other structure which infringes
completed
which
would infringe the copyright
some other work has been commenced
injunction
the owner
the copyright shall not
entitled
obtain
interdict
restrain the construction
such building
structure
order its demolition
infringing copy
provide that
Such
the other provisions
this Act
impose
work shall
deemed
be the property
the owner
the copyright
summary penalties shall not apply
any case
which this section applies
the expiration
innocent
infringer from
liability
.
in
to
be
in
of
he
in
or
,
in
of
copyright subsisted
copies
Exemption
in
of
.
8
in
of
respect
Where proceedings are taken
the infringement
the copyright
any work and the defendant
the existence
his defence alleges that he was not aware
any remedy other than
the copyright
the work the plaintiff shall not
entitled
injunction
respect
interdict
the infringement
the defendant proves that
the
date
the infringement
was not aware and had
reasonable ground for suspecting that
Penalties
dealing with
infringing
�(
)
6
a
,
of
a
in
of
or
,
or in
to
,
to
or
a
,
to
,
an
of
in
be
,
or
,
in
be to
,
he
of
of
not
for
a
or on
be
of
of
(
2
)
If
in or
.
to
or
;
or
,
of
or
to in
a
,
or
in
of
to
on
be
an
of
he
be
:
."
of
or
for
( d ) by way of trade exhibits in public any infringing copy of any such work ; or
any
( ) imports
sale
hire into the United Kingdom any infringing copy
such work
guilty
summary conviction
shall
offence under this Act and
liable
fine not exceeding forty shillings for every copy dealt with
contravention
this section
respect
but not exceeding fifty pounds
the same transaction
the case
second
subsequent offence
imprisonment with
either
such fine
without hard labour
for
term not exceeding two months
any person knowingly makes
has
his possession any plate for the purpose
making infringing copies
knowingly and
any work
which copyright subsists
public
performed
for his private profit causes any such work
without the
guilty
consent
the owner
the copyright
shall
offence under this Act and
summary conviction
liable
fine not exceeding fifty pounds
the case
imprisonment with
subsequent offence either
without hard
such fine
second
.
7
,
Edw
of
or
or
to
up
in
all
or
of
,
or
,
)
,
,
of
.
fit
as
,
in
(
.
7,
c 6 c 2
.
.
36 15
.
.
(
4
)
Edw
be
it all
or to
to
,
as
,
be
,
of of
is
or
(
3
)
,
a
.
exceeding two months
term
The court before which any such proceedings are taken may whether the alleged
copies
plates
offender
convicted
not order that
the work
the possession
infringing copies
plates for the purpose
the alleged offender which appear
making infringing copies
destroyed
delivered
the owner
the copyright
otherwise dealt with
the court may think
Nothing
respects
this section shall
musical works affect the provisions
the Musical Summary Proceedings Copyright Act 1902
the Musical Copyright Act
labour
by
.
to
)
(
.
of
an
a
.
of
to
of
,
to
be to as
in
or
by
,
,
of
,
is
so he
in
be
of
to
,
to
to
be
in
as
by
,
to
,
or
,
as
,
to
of a
or
.
-
to
be
,
,
be
,
in
of of
,
in
if
of
of
(
1
)
.-
(
2
)
,
-
or
is
,
,
to
,
of
,
,
to
,
if
,
,
of
of
,
of
.
(
3
)
,
,
of
,
of
section
,
of
of
on of
of
as
;
on
by
of
,
in
for
,
.
of
(5
)
or
(
4
)
to
of
.
of
.
in
and the evidence requisite for any
the purposes
this section and the mode
verification
such evidence
copies
copies
The regulations may apply
all works the importation
which
prohibited by this section
different regulations may be made respecting different
classes
such works
The regulations may provide
the informant reimbursing the Commissioners
respect
any detention made
Customs and Excise all expenses and damages incurred
any proceedings consequent
his information and
such detention
and may provide for
notices under any enactment repealed
this Act being treated
notices given under this
is
Vict
Copies
Copies made out
any work
the United Kingdom
which copyright
subsists wbich
made
the United Kingdom would infringe copyright and
which
writing
the owner
the copyright gives notice
himself
his agent
the Com
imported
missioners
Customs and Excise that
desirous that such copies should not
imported and shall subject
into the United Kingdom
shall not
the provisions
prohibitions and restrictions contained
this section
deemed
included
the table
forty two
section
the Customs Consolidation Act 1876 and that section shall apply
accordingly
taking any further proceedings with
Before detaining any such copies
view
the forfeiture thereof under the law relating
the Customs the Commissioners
Customs
and Excise may require the regulations under this section whether
information
con
ditions
other matters
be complied with and may satisfy themselves
accordance
with those regulations that the copies are such
are probibited
this section
imported
The Commissioners
Customs and Excise may make regulations either general
special respecting the detention and forfeiture
prohibited
copies the importation
which
by this section and the conditions
any
be fulfilled before such detention and forfeiture
and may by such regulations determine the information
notices and security
be given
14
.
of
c
. 39
36&
.
40
of
to
of
.
.
of
13
.
Importation
Importation
copies
summary remedies shall extend only
to
of
summary conviction
offence under the foregoing
England and Ireland appeal
quarter sessions
court
terms
the Summary Jurisdiction Scotland Acts
Scotland under and
The provisions
this Act with respect
the United Kingdom
'
as
to
summary
remedies
aggrieved
Act may
in
.
and
of
Extent
provisions
person
this
a
.
Any
provisions
in in
12
.
1906
to
Appeals
quarter
sessions
�(
7
)
that
possession
.
works made out
of
to
,
copies
Libraries
.
,
if
or
of
to
of
:
,
of
be or an
,
of
a
in
of
or
In ,
.
of
,
or
all
to
to
of
,
,
of
,
libraries
,
or
on
in of
be
,
be
.
is
,
on
on
,
of
as
,
a
of
to
all
(
3
)
be
.
,
Delivery
copies
British
Museum and
other
in
or
of
,
,
,
,
,
to
of
of
at
,
of
,
of
of
,
a
in
in
,
,
of
is
of
a
it
.
,
a
,
at
,
if
(
2
)
,
in
of
,
of
,
.
(
1
)
—
15
every book published
The publisher
the United Kingdom shall within
copy
the
the book
his own expense
deliver
one month after the publication
trustees
the British Museum who shall give
written receipt for
He shall also
written demand
made before the expiration
twelve months
after publication deliver within one month after receipt
that written demand
the
demand was made before publication
within one month after publication
some depôt
copy
London named
the demand
the book for
accordance with the
directions
the authority having the control
each
the following libraries namely
Cambridge the Library
the Bodleian Library Oxford the University Library
the
Edinburgh and the Library
Trinity College Dublin and
Faculty
Advocates
subject
the provisions
this section the National Library
Wales
the case
encyclopædia
newspaper
magazine
review
work published
series
numbers
parts
parts the written demand may include
numbers
the work which may
subsequently published
copy
The copy delivered
the trustees
the British Museum shall
the
maps and illustrations belonging thereto finished and coloured
whole book with
the
same manner
the best copies
the book are published and shall
bound sewed
together and
printed
stiched
the best paper
which the book
.
Books
of
Delivery
of
of
which this Act extends
to
British possession
to
a
(
7
)
,
.
of
for
(6 ) The foregoing provisions of this section shall have effect as if they were part of
the Customs Consolidation Act , 1876 : Provided that, notwithstanding anything
in that
Act , the Isle of Man shall not be treated as part of the United Kingdom
the purposes
this section
This section shall with the necessary modifications apply
the importation into
,
for
of
by
be
in
to
to
be
as to
be
.
for
is
of
of
as
to
,
to
or
of “
or
,
in a
or
of ,
,
,
or
in
or
Special Provisions
,
.
other erigravings belonging thereto
as
,
or
prints
"
,
-
to
,
of
,
,
certain Works
,
a
of
(
7
)
of
.
to
or
of
on
he
,
to
be
.
If
to a
a
be
(
6
)
of
of
(
5
)
of
in
be
on
(
4
)
in
The copy delivered for the other authorities mentioned
this section shall
printed
copies
the paper
which the largest number
the book
sale and shall
the like condition
the books prepared
sale
The books
which copies are
delivered
the National Library
Wales
regulations
may
specified
shall not include books
such classes
made
the
Board
Trade
publisher
comply with this section
summary
fails
shall
liable
conviction
fine not exceeding five pounds and the value
the book and the fine
authority
paid
shall
the trustees
whom
the book ought
have been
delivered
For the purposes
this section the expression
book
includes every part
division
book pamphlet sheet
letter press sheet
music map plan chart
table
separately published but shall not include any second
subsequent edition
book unless
such edition contains additions
alterations either
the letterpress
the maps
.
in
,
of
or
to
of
of
of
of
of
of
be
as
to
of
,
or
,
,
is
a
who
of
of
case
a
the
the author
of
In
(1
)
.
of of
16
copyright shall subsist during the Works
work
during the joint authors
fifty years after his death
term
first dies and for
the author who dies last whichever period
the longer and references
this Act
years
any specified number
the
from
the death
the period after the expiration
the like number
the period after the expiration
construed
references
author shall
life
life
joint authorship
of
,
of
all
if
or
it
as
be
aforesaid
.
conditions
as
such
if
as
of
of :
the authors had satisfied
.
of
byor
,
a
to
of
of of
to to in
,
of
of
in
be
do
(
2
)
,
be
a
of
,
be
years from the death
the author who dies first
after the death
the author who dies
this Act with respect
the provisions
the shorter and
last whichever period may
compulsory licences
the grant
reference
the date
the death
the author who
the death
the author
the date
substituted for the reference
dies last shall
joint authorship
Where
the case
work
some one
more
the joint
authors
not satisfy the conditions conferring copyright laid down
this Act the work
shall
treated for the purposes
this Act
the other author
authors had been the
sole author or authors thereof
Provided that the term
the copyright shall
the same
would have been
�(
8
)
( 3 ) For the purposes of this Act, “ a work of joint authorship ” means a work pro
duced by the collaboration of two or more authors in which the contribution of one author
is not distinct from the contribution of the other author or authors .
( 4 ) Where a married woman and her husband are joint authors of a work the interest
of such married woman therein shall be her separate property .
case of a literary dramatic or musical work , or an engraving , in which
subsists at the date of the death of the author , or , in the case of a work
of joint authorship , at or immediately before the date of the death of the author who
dies last , but which has not been published , nor , in the case of a dramatic or musical work ,
been performed in public , nor , in the case of a lecture , been
delivered in public , before
that date, copyright shall subsist till publication , or performance or delivery in public ,
whichever may first happen , and for a term of fifty years thereafter , and the proviso to
section three of this Act shall , in the case of such a work , apply as if the author had died
at the date of such publication or performance or delivery in public as aforesaid .
( 2) The ownership of an author ' s manuscript after his death , where such ownership
has been acquired under a testamentary disposition made by the author and the manuscript
is of a work which has not been published nor performed in public nor delivered in public ,
17 .
- ( 1 ) In the
copyright
shall be primâ facie proof of the copyright
the
of the manuscript .
.
Copyright shall subsist in records , perforated rolls , and other contrivances by
means of which sounds may be mechanically reproduced , in like manner as if such contri
vances were musical works , but the term of copyright shall be fifty years from the making
of the original plate from which the contrivance was directly or indirectly derived , and the
person who was the owner of such original plate at the time when
plate was made
such
shall be deemed to be the author of the work , and , where such owner is a body corporate ,
the body corporate shall be deemed
the purposes
this Act
reside within the parts
place
His Majesty
dominions
which this Act extends
has established
business
within such parts
infringement
copyright
any musical work
shall not
deemed
any person
make within the parts
His Majesty
dominions
which this Act extends
records perforated rolls
other contrivances by means
which
the work may
mechanically performed
such person proves
with the consent
that such contrivances have previously been made by
acquiescence
the work and
the copyright
the owner
make the contrivances
his intention
that he has given the prescribed notice
a
of
to
of
it
if
to
for
be
of
's
to
in
of
be
of an
to
or
, ,
or
.
the
him
,
by
,
of
of
,
to
all
of or
,
in
to
the prescribed manner
for the benefit
the owner
respect
the work royalties
such contrivances sold
the rate herein after mentioned
in
copyright
at in
and has paid
or
;
in
(6
)
of
of
,
of
(a
)
,
if
,
to
(
2
)
It
be
.
's
of
for
19. — ( 1)
to
,
or
,
to
of
,
of
.
;
-
be
by
in
of
of
be
to
to
by
to
a
as
at
.
be
be
so
as
,
a
be
;
of
for
in
of
to
or
,
of
,
of
,
or
or or
,
(i
)
in
in
,
-
:
calculated
Provided that
the
nothing
omissions from
this provision shall authorise any alterations
similar
work reproduced unless contrivances reproducing the work subject
with the consent
alterations and omissions have been previously made by
acquiescence
unless such alterations
the copyright
the owner
the
the work
omissions are reasonably necessary for the adaptation
question
and
contrivances
include any
deemed
musical work shall
this provision
the purposes
part
closely associated therewith
the same work but
form
words
shall not
deemed
include
contrirance
means
which sounds may
mechanically reproduced
calculated shall
aforesaid are
which such royalties
The rate
this
the case
contrivances sold within two years after the commencement
and
two and one half per cent
the person making the same
Act
(
)ii
instruments .
work
(
3
)
Provisions as
to mechanical
(a
)
Provisions as
to Govern
ment pub
lications.
being with the owner
18. Without prejudice to any rights or privileges of the Crown , where any work has ,
whether before or after the commencement of this Act , been prepared
or published by or
under the direction or control of His Majesty or any Government department , the copyright
in the work shall , subject to any agreement with the author , belong to His Majesty , and in
such case shall continue for a period of fifty years from the date of the first publication of
,
Posthumous
works.
�(
(6)
)
9
the case of contrivances sold as aforesaid after the expiration of that period
five per cent.
on the ordinary retail selling price of the contrivance calculated in the prescribed manner ,
so however that the royalty payable in respect of a contrivance
shall , in no case , be less
than a half - penny for each separate musical work in which copyright subsists reproduced
thereon , and , where the royalty calculated as aforesaid includes a fraction of a farthing ,
such fraction shall be reckoned as a farthing :
Provided that , if , at any time after the expiration of seven years from the commence
ment of this Act , it appears to the Board of Trade that such rate as aforesaid is no longer
equitable , the Board of Trade may , after holding a public inquiry , make an order either
decreasing or increasing that rate to such extent as under the circumstances may seein
just , but any order so made shall be provisional only and shall not have any effect unless
and until confirmed by Parliament ; but , where an order revising the rate has been so
made and confirmed , no further revision shall be made before the expiration of fourteen
years from the date of the last revision .
(4 ) If any such contrivance is made reproducing two or more different works in which
copyright subsists and the owners of the copyright therein
different persons the sums
payable
way
royalties under this section shall
apportioned amongst the several
failing agreement may
owners
the copyright
such proportions
determined
,
,
be
by
be
as
,
,
of
a
he
.
if
to
of
to
,
,
,
to
to
,
be
(6 to
)
then
in
in
of
of
means
which
musical work may
for the purposes
this section
the owner
any person
the copyright
the work shall
relation
who makes the prescribed
inquiries
deemed
have given his consent
the making
such contrivances
reply
fails
such inquiries within the prescribed time
(5
)
When any such contrivances
mechanically performed have been made
be
by
.
arbitration
in
of
of
by
are
in
,
in
or
,
,
in
be
to
,
of
of
.
effect
subject
to
have
,
shall
, by
,
:
following
the
,
of
this Act the
modifications
and
to
as or
no
of
, for
be
,
of
, of
in
or
:
to be
.
-
at
as
. of
,
or
in
of as
to
acquiescence
the previous making
with the consent
the owner
the copyright
the work and the restrictions
alterations
omissions from the work shall not apply
The rate
two and one half per cent shall
substituted
the rate
five
per cent
royalties
the rate
which royalties are
calculated
but
respect
July
shall be payable
contrivances sold before the first day
The conditions
,
nineteen hundred and thirteen
contrivances reproducing the same work had
lawfully made
placed
sale within the parts
His Majesty
July nineteen
dominions
which this Act extends before the first day
hundred and ten
Notwithstanding any assignment made before the passing
this Act
the copy
right
respect
musical work any rights conferred
this Act
the
makiny
authorising the making
contrivances
means
which the
his legal
the author
work may be mechanically performed shall belong
personal representatives and not
the assignee and the royalties aforesaid
,
's
of of
on
or
of
or
of
in
by
the work
or
of
,
the author
his legal
in
,
, of
in
an
,
on
by
in
on
a
is
is :
of
or
to
as
to
)
@
or
of
in
of
The saving contained
this Act
the rights and interests arising from
connexion with action taken before the commencement
this Act shall not be
authorising
any person who has made contrivances by means
construed
performed
which the work may be mechanically
sell any such contrivances
whether made before
after the passing
this Act except
the terms and
subject
the conditions laid down
this section
Where the work
work
which copyright
conferred
Order
,
(d
)
:
,
to
payable
and for the benefit
personal representatives
shall
of
,
be
to
to
of
,
of
of
by
,
a
, in
or
(
c
)
:
to
,
been
if
(
6
)
be
is
be
to
fit
of ,
of
In
musical works published before the commencement
the case
provisions
in of
(
a
)
additions
to
,
section
under
,
,
in
(7
)
if
foregoing
of
the Board
Trade may make regulations
prescribed
prescribing the
this section
and
given and the particulars
given
mode
which notices are
such notices and
royalties and any such regulations may
the mode time and frequency
the payment
the Board think
include regulations requiring payment
advance
otherwise
securing the payment
royalties
this
of
For the purposes
anything which
prescribing
�(
)
10
Council relating to a foreign country , the copyright so conferred shall not ,
except to such extent as may be provided by the Order , include any rights with
respect to the making of records , perforated rolls , or other contrivances by
means of which the work may be mechanically performed .
( 8 ) Notwithstanding anything in this Act , where a record , perforated roll , or other
contrivance by means of which sounds may be mechanically reproduced bas been made
before the commencement of this Act , copyright shall , as from the commencement of
this Act, subsist therein in like manner and for the like term as if this Act had been
force at the date of the making of the original plate from which the contrivance was
directly or indirectly derived :
Provided that
(i ) the person who , at the commencement of this Act, is the owner of such original
plate shall be the first owner of such copyright ; and
( ii ) nothing in this provision shall be construed as conferring copyright in any such
copyright in some .
contrivance if the making thereof would have infringed
other such contrivance , if this provision had been in force at the time of the
in
Provision as
to political
speeches .
Provisions as
to photo
graphs .
making of the first -mentioned contrivance .
20 . Notwithstanding anything
in this Act , it shall not be an infringement
of copy
right in an address of a political nature delivered at a public meeting to publish a report
thereof in a newspaper .
21. The term for which copyright shall subsist in photographs shall be fifty years
the making of the original negative from which the photograph was directly or
indirectly derived , and the person who was owner of such negative at the time when
such negative was made shall be deemed
to be the author of the work , and , where
such owner is a body corporate , the body corporate shall be deemed
for the purposes
of this Act to reside within the parts of His Majesty 's dominions to which this Act
from
it has
extends if
established a place of business within such
parts
.
,
be
to
be
a
be
,
or
as
of
,
's
in
,
of
,
's
in
,
or
,
to
on
of
of
to
in
it
to
of
a
to
.
as
,
If
.
to
.
such works
,
to
or
if
it
be
of of
or
to
, ,
,
of
in
,
the
in
as
is
right conferred
of
by
,
the substituted
,
at
,
have expired
of
or
to
,
of
,
Act the right would
,
at
in
of
if
of
:
to
in
at
for
a
in
as
he
,
a
in
is
as
in
to
or
,
to
to
in
is
(
)1
to
.-
24
immediately before the commencement
Where any person
this Act
any such right
any work
specified
entitled
the first column
the First
right
any interest
Schedule
this Act
such
shall
from
that date
entitled
the substituted right set forth
the second column
that schedule
the
interest and such
no other right
such
substituted right and
same interest
substituted right shall subsist
term for which
would have subsisted
this Act
had been
force
the date when the work was made and the work had been one
copyright thereunder
entitled
Provided that
any work
specified
the author
which any such right
the first
column
the First Schedule
this Act subsists
the commencement
this
granted any interest therein for
Act has before that date assigned the right
the whole term
the right then
the date when but for the passing
this
(a
)
.
Existing
works
to
.
dominions
which Act
extends
to
's
a
of
parts
His Majesty
to it
23
of
in
foreign
authors first
published
,
of
be
six
appears
foreign country does not give
His Majesty that
has not
give adequate protection
undertaken
the works
British authors
shall
lawful
Maja
for His Majesty by
for His
Order
Council
direct that such
the provisions
this Act
confer copyright
works first published within the parts
His Majesty
dominions
which this Act extends shall not apply
works published after the date specified
foreign country and are
the Order the authors whereof are subjects
citizens
such
not resident
His Majesty
dominions and thereupon those provisions shall not apply
.
Works
c
.
Provisions as
to designs
registrable
under
7 Edw . 7,
29
22 . - ( 1) This Act shall not apply to designs capable
of being registered under the
Patents and Designs Act, 1907 , except designs which , though capable of being so
registered , are not used or intended to be used as models or patterns to be multiplied by
any industrial process .
(2 ) General rules under section eighty the Patents and Designs Act 1907 may
design shall
made for determining the conditions under which
deemed
used
for such purposes
aforesaid
this section
�(
)
11
shall , in the absence of express agreement , pass to the author of the work , and
any interest therein created before the commencement of this Act and then
subsisting shall determine ; but the person who immediately before the date at
which the right would so have expired was the owner of the right or interest
shall be entitled at his option either
( i) on giving such notice as hereinafter mentioned , to an assignment of the
right or the grant of
of the right
a similar
interest therein for the remainder of the term
consideration as , failing agreement , may be determined
for such
-
in
or
or
,
"
"
of
(8
)
(
ū
)
,
in
,
,
of
,
of
in
to
of
.
a
of
,
of
.
to
as to
,
of
,
at
in
,
in
,
or
a
to in
of
a
or
of
or
,
or
by
or
be
(2
)
(3
)
-
section
.
Possessions
are
British
to
Application
.
of
this
,
of
in
,
or
,
if
in
or
a
of
a
at
of
,
or at
or
,
he
(6
)
,
,
: be
to
so
at
six
by arbitration ; or
( ii ) without any such assignment or grant , to continue to reproduce or
perform
the work in like manner as theretofore subject to the payment , if
demanded by the author within three years after the date at which the right
would have so expired , of such royalties to the author as , failing agreement ,
may be determined by arbitration , or , where the work is incorporated in a
collective work and the owner of the right or interest is the proprietor of that
collective work , without any such payment .
The notice above referred to must be given not more than one year nor less
expired and
than
months before the date
which the right would have
he cannot with reasonable
the author
must be sent by registered post
diligence
found
advertised
the London Gazette and
two London
newspapers
July nineteen hundred and
where any person has before the twenty sixth day
liability
ten
taken any action whereby
has incurred any expenditure
performance
any work
connexion with the reproduction
manner which
the time was lawful
for the purpose
with
view
the reproduction
performance would
performance
time when such reproduction
work
but for the passing
this Act have been lawful nothing
this section shall
prejudice any rights
diminish
interest arising from
connexion with
such action which are subsisting
and valuable
the said date unless the
person who
virtue
this section becomes entitled
restrain such reproduc
failing agreement may
performance agrees
pay such compensation
tion
determined by arbitration
For the purposes
this section the expression
author
includes the legal
personal representatives
deceased author
Subject
the provisions
section nineteen subsections
and
and
section
thirty three
any work made before the
this Act copyright shall not subsist
commencement
this Act otherwise than under and
accordance with
the provisions
notice published
that
,
's
in
)
in
as
be
,
,
of
of
,
of if ,
it
be by
,
,
of
,
on
or
,
a
as
;
to
,
of
,
by
,
to
a
in
of
in
of
of
or
(
at
to a
,
it
Act
to
to
the London Gazette
any self governing dominion has passed legislation under which works the authors whereof
were
the date
the making
the works British subjects resident elsewhere than
the dominion
not being British subjects were resident
the parts
His Majesty
dominions
which this Act extends enjoy within the dominion rights substantially
identical with those conferred
this Act then whilst such legislation continues
force
the dominion shall for the purposes
the rights conferred
this Act
treated
lawful for the Secretary
and
shall
which this Act extends
were
dominion
notwithstanding that the remedies for
give such
State
certificate
aforesaid
enforcing the rights
copies
the restrictions
the importation
works manu
foreign country under the law
factured
the dominion differ from those under
this Act
of
it
of
be
in
State certifies
as
,
by
of
.
If
(2
- )
the Secretary
by
, ,
or
to
of
to
to
Legislature
or or
,
by
's
:
as
of
,
-
in
be
to
a
to
,
*
.-
(1
)
25
expressly restricted
Application
This Act except such
the provisions thereof
the United Kingdom
shall extend throughout His Majesty
dominions
Provided that
British
shall not extend
self governing dominion
unless declared
the Legislature
that dominions
dominion
force therein either without any modifications
additions
with such
procedure and remedies
necessary
modifications and additions relating exclusively
adapt this Act
may
the circumstances
the dominion
enacted
such
�(
(
on
,
,
,
. -
be
so
to by
of
of
a
at
:
no
to
of
as
far
by
. - (1 )
any
so
or
26
or
ing
dominions .
The Legislature of any self - governing dominion may , at any time, repeal
copyright passed
the enactments relating
Parliament including this
they are operative within that dominion
Act
Provided that
such repeal shall
prejudicially affect any legal rights existing
the time
the repeal and that
this Act
any part thereof being
repealed
the Legislature
self governing dominion that
all
self -govern
)
Legislative
powers of
)
12
shall cease
dominion
which this Act extends
any self governing dominion
which this Act does not extend the enactments
repealed
they are operative
this Act shall
that dominion
continue
force
until repealed
the Legislature
that dominion
Where
His Majesty
Council
satisfied that the law
self governing
dominion
which this Act does not extend provides adequate protection within the
unpublished
dominion for the works whether published
authors who
the time
the making
the work were British subjects resident elsewhere than
that dominion
giving reciprocal protection direct that
His Majesty
Council may
the purpose
may
any thereof
specified
this Act except such parts
the Order and subject
any conditions contained therein shall within the parts
His Majesty dominions
which this Act extends apply
works the authors whereof were
the time
the making
the work resident within the first mentioned dominion and
works first published
provided by such
that dominion
but save
Order works the authors whereof were
resident
dominion
which this Act does not extend shall not whether they are
in
-
a
of
is
in
.
,
in
of as
far
,
so
of
at
of
,
,
to
of
at
,
,
in
,
to ,
's
of
,
in
be
an
-
as
be to
;
a
in
,
,
to
,
,
of
)
of
as
)
to
(
,
if
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for
in
in of
(
or
to
(3
)
,
to
a
-
by
(2
)
byIn
to
dominion
to
's
is
in
it
if
as
be to
to
a
of “
.
to
,
to
,
in
.
in
to
,
by
,
.
of
at
to
of , ,
to
its
in
of
of
of
as
to
in
28
,
it
or
,
to
if
.
by
II
.
(
or
in
if
as
in
,
of
,
or
,
of
,
in
's
of
in
,
to
a
in
which this Act extends
;
dominions
to
as of
if
(
c
)
;
a
to
at
of
,
;
's
of
,
to
)
in
a
in
if
as
to
,
to
,
in
,
be
as
,
to
.
COPYRIGHT
.
's
to
,
as
of
on
,
,
to
of
(
1
)
any
in
to
works
parts
subject
Cyprus
His Majesty may
Order
Council direct that this Act except such
may
specified
thereof
the order shall apply
foreign country
works first published
which the Order relates
they were first published within
like manner
the parts
His Majesty
dominions
which this Act extends
any class thereof the authors
literary dramatic musical and artistic works
whereof were
the time
the making
the work subjects
citizens
foreign country
which the Order relates
like manner
the authors
were British subjects
foreign country
respect
like
which the Order relates
residence
manner
such residence were residence
the parts
His Majesty
(a ,
) if 29
.
-
to
INTERNATIONAL
Power
parts
which this Act
treated
Cyprus and
any such Order this Act shall
his protection and
the making
applies
the provisions
the Order have effect
the territories
which
were part
His Majesty
dominions
which this Act extends
PART
extend Act
foreign
to
,
is
Legislature
any
of
.
torates
,
of
to a
”
a
27
.
The
to
add
to
to
Application
protec
other
any British possession
which this Act extends may modify
application
the provisions
this Act
the possession
but except
procedure and remedies they shall
far
such modifications and additions relate
apply only
the work
the making
the time
works the authors whereof were
resident
the possession
and
works first published
the possession
any territories under
His Majesty may
Order
Council extend this Act
so or
of
.
.
of
to
plemental
legislation
within
.
's
of
of
under the foregoing provisions
this subsection authorised
confer
His Majesty
dominions
For the purposes
this subsection
the expression
dominion
extends
includes
dominion which
for the purposes
this Act
were
dominion
which this Act extends
Power
Legislatures
British
possessions
pass sup
, , ,
-
to a
as
-
in
,
by
,
of
no
:
to
of
on
,
or
by
is
as
any protection under this Act except such protection
British subjects
not
entitled
this Act conferred
works first published within the parts
His Majesty
dominions which this Act extends
Provided that
such Order shall confer any rights within
self governing dominion
any self governing dominion
but the Governor
Council
which this Act extends
may
Order confer within that dominion the like rights
His Majesty
Council
�(
and thereupon , subject to the provisions
Act shall apply accordingly :
)
13
of this part
Act and of the Order , this
this
of
Provided that ,
( i) before making
an Order
in
Council under this section in respect of any
country (other than a country with which His Majesty has entered
relating to copyright) , His Majesty shall be satisfied
into a convention
that that foreign country has made , or has undertaken to make , such
provisions , if any , as it appears to His Majesty expedient to require
the
protection
copyright under
works entitled
the provisions
Part
of
;
to
is
as
of
so
,
in
of
as
of
; of
by
to
,
as
to
of
be
as
as
in in
of
(
if
) be
by
in
of
;
by
to
books shall not
apply
provided
far
the Order
the Order
Council may provide that the enjoyment
the rights conferred
subject
this Act shall
the accomplishment
such
conditions
may
any
prescribed
and formalities
the Order
applying the provision
ownership
copyright the Order
this Act
appear
necessary having
Council may make such modifications
the foreign country
;
of
the law
to
regard
.5
33
.
c
.
of
all
to
11
.
of
to
of
.
o
it
to
-
ex
of
,
of
's
to as
of
of
.
for
be
the date
of
any rights acquired previously
to
as
,
to
,
so
to
in
to
it
,
to
-
a
or
,
for
preventing any prejudice
such
.
is
necessary
Order
to
-
to
his
of
by
(
3
)
of it
,
-
,
in
is
to
,
(
2
)
in
, of
.
in
to
•
to pt
in
's .(
1
)
30
Order
Council under this part
this Act shall apply
His Application
Part
self governing dominions and any
which this Act extends
dominions
British
appears
other possession specified
the order with respect
which
His Majesty possessions
expedient that the Order should not apply
any self governing
The Governor
Council
dominion
wbich this Act
this Act
under this part
extends may as respects that dominion make the like orders
His Majesty
Council
authorised
make with respect
His Majesty
dominions
other than self governing dominions and the provisions
this part
this Act shall
with the necessary modifications apply accordingly
appears
except from the provisions
any
Where
His Majesty expedient
order any part
dominions not being
self governing dominion
shall
lawful
any other Order
His Majesty
the same
Council
declare that such order and
this Part
this Act shall not and the same shall not apply
such part except
far
Majesty
to
all
.
.
in
An
as
of
of
by
.
,
in
or
described therein
in
,
be
or
so
of in
as
as
,
to
as
of
in
(
vi
)
applying the provisions
existing works the Order
this Act
appear necessary
Council may make such modifications
and may provide
reviving
applied shall
that nothing
those provisions
construed
any right
preventing
importation
any translation 498
the production
any case where the right has ceased
virtue
section
five
the
International Copyright Act 1886
An Order
Council under this section may extend
the several countries
(
2
)
named
I
of
's
as
in
of
the country
which the order relates
copies
this Act
the delivery
works first published
such country except
the law
the provisions
to
iii
)
(
iv
)
(
of
;
this Act
copyright within such
the Order
Council may provide that the term
parts
His Majesty
dominions
aforesaid shall not exceed that conferred
by
(
)ii
of
of
to
for
foreign
III
,
PART
PROVISIONS
.
SUPPLEMENTAL
as -
.
as
in
Orders
Council
to
Provisions
,
,
,
varying
this Act
interests
or byor
or
common
.
be
for
of
in
,
or
)
-
in
altering revoking
His Majesty
Council may make Orders
any Order
Council made under this Act
under any enactments repealed
but any Order made under this section shall not affect prejudicially any rights
in (
1
Abrogation
lawof
,
,
of
,
or or
of
a
to
,
in
or
32
.
in
or
to
,
or
,
for
in
,
be
31
.
copyright
any similar right
any literary
No person shall
entitled
unpublished
dramatic musical
artistic work whether published
otherwise than
any other statutory enact
under and
accordance with the provisions
this Act
ment
the time being
force but nothing
this section shall
construed
jurisdiction
confidence
trust
abrogating any right
breach
restrain
�(
)
14
acquired or accrued at the date when the Order comes into operation , and shall provide
for the protection of such rights and interests .
( 2 ) Every Order in Council made under this Act shall be published in the London
Gazette and shall be laid before both Houses of Parliament as soon as may be after it is
any such
copyright shall
Act and
under this
of
,
for
a
in
,
;
or
an
or in
is
of
,
,
,
,
to
or be
by
,
or
or
or
an
;
;
art
of
of
”
:
by
,
,
-
,
; ,
-
to ”
produced
any
process
analogous
or
”
work
to
any
by
; ”
;
analogous
photography
Cinematograph
includes
cinematography
Collective work
means
instrument
;
,
or
in
,
in
or
,
a
in
of
;
a
or
;
,
,
by
representation
a
of
;
of
of ”
,
including
such
made
includes
delivery
means
of
lecture
,
relation
by
;
a
in
any dramatic action
work
any mechanical instrument
to
a
; in of
,
”
a
to
, ,
"
of
sentation
Delivery
or
,
,
of
of
in
,
,
(c (6 (
a
) ) )
a
an
encyclopædia dictionary
year book
similar work
newspaper review magazine
similar periodical and
any work written
which works
different authors
distinct parts
parts
works
different authors are incorporated
Infringing
copy
when applied
work
which copyright subsists means
any copy including any colourable imitation made
imported
contravention
the provisions
this Act
Performance
means any acoustic representation
work and any visual repre
by means
any mechanical
.
, ,
of ,
;
be
or
,
,
South
Africa
,
of
,
the Commonwealth
of
,
,
of
"
of
;
,
"
,
Lecture
includes address speech and sermon
Self governing dominion
means the Dominion
Canada
Australia
the Dominion
New
Zealand the Union
Newfoundland
to
of
or
,
, or
by
,
be or
to
or or
or
”
Plate
includes any stereotype
other plate stone block mould matrix transfer
negative used
reproducing copies
any work
intended
used for printing
and any matrix
other appliance
which records perforated
rolls
other con
trivances for the acoustic representation
the work are
are intended
made
-
“
in
.
,
—
,
or ,
of
of
"
,
,
in of
of to or
or
”
,
“
“
“
,
,
,
;
”
,
of
construction
Engravings
include etchings lithographs wood cuts prints and other similar
works not being photographs
Photograph
any process
includes photo lithograph and any work produced
*
*
*
in
to
of
, ,
or
or
“
“
“
methods
*
to
:
a
be
use
,
"
in
”
“
painting
drawing sculpture and artistic crafts
includes works
and architectural works
and engravings and photographs
sculpture
Work
includes casts and models
Architectural work
art means any building
structure having
artistic
design
respect
design
any model for such
character
such character
building
provided that the protection afforded
structure
this Act shall
processes
confined
the artistic character and design and shall not extend
Artistic work
manship
“
as
of
to
be of
in
of
*
In
35
.
—
preserved
books for the
and
the library
this Act unless the context otherwise requires
Literary work
includes maps charts plans tables and compilations
choreographic work
Dramatic work
includes any piece for recitation
entertain
acting form
ment
dumb show the scenic arrangement
which
fixed
writing
otherwise and any cinematograph production where the arrangement
original
acting form
the combination
incidents represented give the work
character
*
to
as
,
on
be
.
to
34
of
purchase
Interpreta
( of
1
)
.
libraries
charged
There shall continue
and paid out
the Consolidated Fund
the United Kingdom
such annual compensation
was immediately before the com
pursuance
any Act
compensation
library
mencement
this Act payable
the loss
the right
receive gratuitous copies
books
paid
library
any year unless the
Provided that this compensation shall not
Treasury are satisfied that the compensation for the previous year has been applied
the
of
to
of
Saving
compensation
certain
tion .
infringement
.
remedies and penalties
not under that Act
be
.
3
,
Geo
53
.
c
. 15
copyright.
made, and shall have effect as if enacted in this Act.
33. Nothing in this Act shall deprive any of the universities and colleges mentioned
in the Copyright Act , 1775 , of any copyright they already possess under that Act , but the
of
of
university
for
faring
and
�(
)
15
( 2) For the purposes of this Act (other than those relating to infringements of copy
right ) , a work shall not be deemed to be published or performed in public , and a lecture
shall not be deemed to be delivered in public , if published , performed in public , or
delivered in public , without the consent or acquiescence of the author , his executors
administrators or assigns .
( 3) For the purposes of this Act , a work shall be deemed to be first published within
the parts of His Majesty ' s dominions to which this Act extends , notwithstanding that it has
been published simultaneously in some other place , unless the publication
in such parts of
His Majesty ' s dominions as aforesaid is colourable only and is not intended to satisfy the
reasonable requirements
of the public , and a work shall be deemed to be published
simultaneously
in two places if the time between
the publication in one such place and the
publication in the other place does not exceed fourteen days , or such longer period as may ,
for the time being , be fixed by Order in Council .
(4 ) Where , in the case of an unpublished work , the making of a work has extended
over a considerable period , the conditions of this Act conferring copyright shall be deemed
to have been complied with , if the author was , during any substantial part of that period ,
a British subject or a resident within the parts of His Majesty ' s dominions to which this
Act extends .
(5 ) For the purposes of the provisions of this Act as to residence , an author of a work
shall be deemed to be a resident in the parts of His Majesty ' s dominions to which this Act
extends
if he
is domiciled
within
any such part
.
36 . Subject to the provisions
of this Act , the enactments mentioned
in the Second
Schedule to this Act are hereby repealed to the extent specified in the third column of that
schedule :
Provided
until this Act
·
that this repeal shall not take effect
comes into operation in that part .
in any
Repeal.
part of His Majesty ' s dominions
Short title
37 . - ( 1) This Act may be cited as the Copyright Act , 1911 .
and com
( 2) This Act shall come into operation
(a ) in the United Kingdom , on the first day of July nineteen hundred and twelve or mencement
such earlier date as may be fixed by Order in Council ;
( 6 ) in a self - governing dominion to which this Act extends , at such date as may be
fixed by the Legislature of that dominion ;
( c) in the Channel Islands , at such date as may be fixed by the States of those
islands respectively ;
to which this Act extends , on the proclamation
( d ) in any other British possession
thereof within
the possession
by the Governor .
.
�(
)
16
SCHEDULES .
FIRST SCHEDULE .
Section 24.
EXISTING
RIGHTS .
Substituted Right,
Existing Right .
(a) In the case of Works other than Dramatic and Musical Works .
Copyright
| Copyright
.
( 6)
In the case
of Musical
Both copyright and performing right
Copyright
, but
not performing right
Performing right, but not copyright
and
.
Copyright
.
Copyright
right
|
as defined by this
Act . *
Dramatic Works.
as defined
by this Act .*
by this Act, except the sole
as defined
to perform the work or any substantial part
thereof in public .
The sole right to perform the work in public , but
none of the other rights comprised
in copyright
as defined by this Act .
For the purposes of this Schedule the following expressions ,where used in the first column
thereof , have the following meanings
“ Copyright , ” in the case of a work which according to the law in force immediately before
the commencement of this Act has not been published before that date and statutory
copyright wherein depends on publication , includes the right at common law ( if any )
to restrain publication or other dealing with the work ;
“ Perforining right ," in the case of a work which has not been performed in public before
the commencement of this Act , includes the right at common law ( if any ) to restrain
the performance thereof in public .
:
* In the case of an essay , article , or portion forming part of and first published in a review ,
magazine , or other periodical or work of a like nature , the right shall be subject to any right of
publishing the essay , article , or portion in a separate form to which the author is entitled at the
commencement of this Act, or would , if this Act had not been passed , have become entitled
under section eighteen of the Copyright Act , 1842 .
�(
)
17
SCHEDULE .
SECOND
ENACTMENTS
The whole Act .
.
.
.
The whole Act .
.
.
.
The whole Act
.
The whole
Act
The whole
Act
The whole
The International
Vict
The
The International
The Customs Consolidation Act
Vict
49
Vict
Copyright
Musical Compositions
Act 1882
The International Copyright Act 1886
Vict
The
Vict
.
The Revenue
The
,
,
Copyright Act 1852
.
1875
.
1862
.
Fine Arts Copyright Act
,
.
.
1847
Sections one
six
section
eight the words and pursuant
any Act for the protection
copyright
engravings
any such Act
and
and
aforesaid
Sections nine
twelve
The whole Act
”. in
,
to as "
of to
.
“
"
.
,
.”
-
.
The
.
.
Act
as
" “ “
. to
,
”
“ "
“
In
,
of
,
in
be
,
of
or
,
1886
."
“ “
“ “
“ “ “ “ “
Act
,
.
.
Section one from
Books first
published
provided
that section
section three the words
and
which has been registered
accordance with the pro
visions
the Copyright Act
1812
the International
Copyright Act 1844 which
registration may
effected
notwithstanding anything
the International Copyright
in
.
1906
.
Musical Copyright Act
,
.
7,
c
.
.
A
.
S
6
The whole
in
.
1889
.
,
Act
42
Edw
-
,
-
)
Compositions
The whole Act
.
1888
.
,
Musical
(
Copyright
,
Act
to
“ “
)
(
.
,
.
.
.
4
51c
c 52 c
c
.
.
.
.
&
&
&
&
40
17 33
.
.
.
.
50
46
53 52
The
,
Section forty two from
Books
copy
wherein
such
right will expire
Sections
forty four forty five and one
hundred and fifty two
whole Act
" -
,
1876
.
.
Act
,
12
.
39
40
Copyright
.
36
c
.
38
Vict
. & c.
&
Vict
39
.
“
“
“ “
"
68
In
Vict
Act
.
.
The Colonial Copyright
10
25 c 15
C
c
.
. & c.
.
&
&
12 95
12
.
.
.
.
11
26 16
.
.
Vict
1842
.
The International Copyright Act , 1844
.
Vict .
&
6
c. 45 .
7
&
8
.
The
36
Copyright Act,
Vict .
5
The whole Act.
.
, 1836.
The Copyright Act , 1836 .
.
Copyright
Engravings
and
.
Act.
Act .
Act.
Act.
to
Prints
(Ireland ) Act
.
.
Act .
)
4 , | The
4,
Act , 1835
The Lectures Copyright
Act.
whole
whole
whole
whole
The whole
The whole
The
The
The
The
:
4,
The Engraving Copyright Act , 1734 .
The Engraving Copyright Act , 1767 .
The Copyright Act , 1775 .
.
The Prints Copyright Act , 1777
The Sculpture Copyright Act , 1814 .
The Dramatic Copyright Act , 1833 .
.
13
38
53
57
56
4,
Extent of Repeal.
Short Title.
.
8 Geo . 2, c.
7 Geo . 3, c.
15 Geo. 3, c.
17 Geo . 3, c .
54 Geo . 3 , c.
3 & 4 Will .
c. 15.
5 & 6 Will .
c. 65 .
6 & 7 Will .
C. 59 .
6 & 7 Will .
c. 110 .
REPEALED .
Act
Sessionand Chapter.
Section 36.
�RULES
STATUTORY
AND
,
ORDERS
1912 . — No . 532 .
COPYRIGHT ,
ROYALTY SYSTEM
JUNE 7,
The Board of Trade , in pursuance of the powers
conferred by Section 3 of the Copyright Act , 1911 ,
hereby make the following regulations
(2
.)
,
in
.
be
.
to
the
of be
to
by
to
of of
in
a
at
.
or
of
no
,
of
by
of
at
if
of
an
be
or
of
of
to
be
a
of
;
to
of
,
to
or
of
;
which such labels can
obtained
the owner
the copyright refuses
neglects
supply such labels within
fourteen days after demand duly made
copies
purchasers
the work may
delivered
without having labels affixed thereto
and the
royalties shall
amount
debt due from the
person reproducing
the work
the owner
the
(
ii
.)
at
be
by
in
;
in
to
a
to
of
,
or
;
if
be
after the expiration
fourteen days from
the date
the prescribed notice the
owner
the copyright has not duly sent
the person reproducing the work
intimation
some reasonably convenient
place within the United Kingdom
from
of
of
of
be
to
be
such address
such name and address are not known
and cannot with reasonable diligence
ascertained
the notice
shall
advertised
the London Gazette
the
advertisement
the London Gazette
required
shall give the particulars
cases when royalties
are payable
any time labels
adhesive labels
the
denomination
are not available
either
of
because
,
,
or
copyright
his agent for the receipt
notice
are known or can with reason
able diligence
ascertained the notice
agent
shall
sent
such owner
.
by
on
of
.
means
required
be
to
bya
or
thereto
affixed
an
:
If
of
(a
.)
(
2
.)
a
by
–
(a
.)
(4
.)
of
.
,
byof
as
,
be
to
.)
;
,
&
c
is
it
of
at
to
a
be
(
3
.)
of
is
.g
.,
(e it
,
;
to
or
at
,
in
intended
whether
printing lithography photography
prices
the price
which
intended
publish the work
the earliest date
which any
the copies
purchaser
will
delivered
be
-
by to
it
;
the manner
which
reproduce the work
The notice shall not less than one month
before any copies
the work are delivered
purchaser
registered post
published
sent
advertisement
follows
the name and
address
within the
Kingdom
United
the owner
the
(
6
).
ROYALTIES
writing and tender
obtained and
demand
the price shall supply from such place adhesive
price equal
labels
the required denominations
royalty represented thereby
the amount
Subject
copy
these regulations
the work
purchaser until such label
shall
delivered
royalty have been
labels denoting the amount
of In
;
is
it
)
if
to
(
a
of
to
(c
.)
(d
.)
(e
.)
intended
descrip
(i
.)
of
to
(a
.)
(6
.)
the name
the work which
reproduce and
necessary
identify
tion sufficient
to
of
3
,
:
,
(2
.)
The notice required
Section
the
Copyright
Act 1911 shall contain the following
particulars
The name and address
the person
intending
reproduce the work
(6
.)
by
.
of
NOTICE
(a
.)
PAYMENT
Unless otherwise agreed royalties shall
payable
means
adhesive labels purchased
from
the owner
the copyright and affixed
the
copies
the work
After the person reproducing
work has given
reproduce
the prescribed notice
his intention
the work the owner
the copyright
shall
writing sent
registered post intimate
him
some reasonably convenient place within the United
Kingdom
from
which
adhesive
labels can
be
of ,
the
,
on
1st day
the
.
,
)
(
into operation
and shall come
July 1912
(b
.)
an of
paragraphs
Regulation
and
and shall also state
address from
copy
which
the notice described
Regulation
may
obtained
:
PRELIMINARY .
Copy
( 1.) These Regulations may be cited as
right Royalty System General Regulations 1912
.
1912
1912 .
OF
DATED
REGULATIONS,
(GENERAL )
of
THE COPYRIGHT
�of
for
.
.
,
. .
, ,
of
to
the Board
Trade
.
of
.
.
1912
in
as
”
No
,
AND ORDERS
owner
“
In
of
3
,
Secretary
.—
as
in
RULES
STATUTORY
the
H
.
,
an
aforesaid
shape
(
6
.)
in
be
of
of
in
as
be
adhesive label supplied
adhesive paper label square
these Regulations the expression
copyright
has the same meaning
Section
the Copyright Act 1911
Dated this 7th day
June 1912
LLEWELLYN SMITH
of
.
by
by
(d
.)
(e
.)
INTERPRETATION
,
of
date
such advertisement
agreement payable
Where royalties are
labels
any other mode than
means
adhesive labels
frequency
payment
the time and
the
shall
such
are specified
the agreement
The
the design to be entirely enclosed within a circle
and the side of the label not to be greater than
i inch in length . The label shall not bear the
effigy of the Sovereign or any other person , nor any
word mark or design such as to suggest that the
label is issued by or under the authority
of the
denoting any duty
Government
the purpose
payable
the Government
533
.
be
to
is
in
in
(
ii
.)
;
copyright , and the person reproducing the work shall
keep an account of all such copies sold by bim .
( c.) For the purposes of this regulation “ the
date of the prescribed notice ” means
( i.) in cases when the notice is required to be
sent by registered post , the date when
the notice would in ordinary course of
post be delivered
required
cases when the notice
the
the London Gazette
advertised
shall
)
2
to
(
.
COPYRIGHT
,
)
the
retail selling prices
the
the amount
and
contrivances
royalty payable
each contrivance
respect
the musical work
any
the earliest date
which
the
contrivances
will
delivered
purchaser
of of
of
to
be
at
be
;
to
is
in
10
(
b
.)
.
,
be
as
by
a
,
to
on
or
of
at
,
or
to
be
,
or
or
,
of
of
an
:
be
is
it
on
(
a
.)
is
;
it
a
) of
if
If
;
to
of
;
to (
) to of
;
to
of
:
is
sball contain the following
(3
.)
of
19
(
2
)
can with reasonable
notice are known
diligence
ascertained the notice shall
agent
sent
such owner
such
address
(
(c
.)
on
(
f.
)
.
by
identify the musical
tion sufficient
work
the class
contrivance
which
reproduce the musical work
intended
if
(b
.)
the
The name and address
the person
intending
make the contrivances
the name
the musical work which
reproduce and
intended
the author
descrip
necessary
known
aud
,
(a
.)
Section
before any contrivances
which the musical work
purchaser
sent
reproduced are delivered
by registered post
published
advertisement
follows
address within the
the name and
the
the owner
United Kingdom
copyright
his agent for the receipt
particulars
1911
,
(
2
.)
The notice required
repro
other work
the same contrivance with the
musical work specified
accordance
with paragraph
days
not less than
The notice shall
any
whether
duced
NOTICE
Copyright Act
;
of
(e
.)
as
'
.
the
,
operation
of
on
)
,
,
Regulations
ments
in
on
,
the ordinary
a
(d
.)
,
:
cited
the Copy
Mechanical Musical Instru
and shall come into
1912
July 1912
day
(
System
be
These Regulations may
1st
(
1
.)
.
PRELIMINARY
right Royalty
music
or
whether discs cylinders
;
(e
.g
.,
of
rolls
.
7
,
(
.
,
19
of
,
of
by
,
(6 in
)
pursuance
Trade
the powers
conferred
Section
the Copyright Act
1911 hereby make the following regulations
The Board
INSTRUMENTS
)
COPYRIGHT ROYALTY SYSTEM MECHANICAL MUSICAL
1912
REGULATIONS 1912 DATED JUNE
THE
�(
if
such name and address
are not known
and cannot with reasonable diligence be
ascertained , the notice shall be advertised
in the London Gazette ; the advertise
making the contrivances to the owner of the copy
right and the person making the contrivances shall
keep an account of all such contrivances sold by
ment
(c.) For the purposes of this Regulation
date of the prescribed notice " means
(i.) in cases where the notice is required
on
of
of
to
,
,
as
of
19
of is
(
2 in
)
in
by
.
in
of
be
,
of
by
as
.
in
a in
be
,
to
of
or
as
or
for
is
by
,
or
.
to
of
of
to
,
an
,
as
be
of in
,
of
.
to
RETAIL SELLING
PRICE
.
ORDINARY
of
any con
The ordinary retail selling price
trivance
shall
calculated
the marked
catalogued selling price
single copies
the
catalogued
public
such marked
there
selling price
which single
the highest price
copies are ordinarily sold
the public
or
at
or
at
is
no
to
of
be
.
to
,
, if
at
,
,
payable
denoting any duty
the purpose
the Government
Government
to
of
or
. -
of
of
of
after the expiration
five days from the
the
the prescribed notice
date
the person making the con
intention
sell such contri
make
trivances
vances
the owner
the copyright has
not duly sent
the person making the
contrivances
an
intimation
some
reasonably convenient place within the
United Kingdom from which such labels
to of
Where royalties are by agreement payable
adhesive labels
means
than
the payment shall
the time and frequency
the agreement
are specified
such
aforesaid
The adhesive label supplied
shape
shall
adhesive paper label square
the design
be entirely enclosed within
circle
greater than
and
the
side
the
label
not
and the side
the
length
inch
The label shall not bear the
any other person
nor
effigy
the Sovereign
any word mark
design such
suggest that
the label
issued
under the authority
the
any other mode
of by
.
at
if
a
to
or
Act 1911
or
,
to
.
or
,
to
to
of of
in
,
pre
the same manner
ticulars and given
scribed by these Regulations
the case
the
the Copyright
Section
notice required
,
to
at
of
a
in
on
a
to
to
or
made before
the commencement
the
Copyright Act 1911 the person making such con
trivances may give notice
his intention
sell
containing mutatis mutandis the same par
them
(e
).
in
.
of
by ,
by
of
to
of In or
because
(i
.)
to be
sent by registered post , the date when
the notice would in ordinary course of
post be delivered ;
( ii.) in cases where the notice is required to
be advertised in the London Gazette , the
date of such advertisement .
cases where royalties are payable
con
in
.
.
,
of
of
by
(a
.)
—
(4
.)
be
or
of be
royalty have been
labels denoting the amount
cylinders
affixed thereto
the case
which
not reasonably practicable
affix the labels
labels have been affixed
until such label
carton
box enclosing the cylinder
royalties are payable
cases where
any time labels
means
adhesive labels
the required denominations are not available either
is
“ the
trivances
Unless otherwise agreed royalties shall
payable
means
adhesive labels purchased
the
the copyright and affixed
from the owner
manner provided by these Regulations
After the person making the contrivances has
make
given the prescribed notice
his intention
sell the contrivances the owner of the copyright
registered post intimate
writing sent
shall
place within the
reasonably
convenient
some
bim
from which adhesive labels can
United Kingdom
writing and tender
demand
obtained and
the price shall supply from such place adhesive
price
labels
the required denominations
reby
equal
royalty represented
thereby
the amount
Subject
these Regulations no contrivance shall
purchaser until such label
be delivered
it
.
(
1
)
of
ROYALTIES
,
1st
OF
PAYMENT
him
(d
.)
the London Gazette shall give
in
the particulars required by paragraphs
( a .) and ( b .) of Regulation ( 2.) , and shall
also state an address from which a copy
of the notice described in Regulation ( 2. )
may be obtained .
Any number of
musical works may be included in the
same advertisement .
The notice may be given either before
July 1912
day
or after the
(b
.)
)
(5
.)
( 6.)
3
be is
if
of
of
in “
of
of
,
are
(5
)
to 19
to
to
in
)
of
or be in
(
by
,
,
(6
.)
of
"
),
(
of
if
of
statement
the name
the musical
respect
work
which the inquiries
are made and
the author
known
in
or
,
;
be
a
to
or
to
be
or
a
;
of
to
(
ii
.)
of
of
be obtained
owner
the copyright refuses
supply such labels within
neglects
three days after demand duly made
may
purchasers
contrivances
delivered
without having labels affixed thereto
the
carton
box enclosing the same and the amount
royalties shall
debt due from the person
can
the
(a
.)
or
of
INQUIRIES
The inquiries referred
Section
the Copyright Act 1911 shall
directed
the
his name
name
the copyright
owner
not known and cannot with reasonable diligence
general terms
the
the owner
ascertained
copyright
respect
the musical work
which
the inquiries
made and shall contain
�to
for
:
be
to
;
of
be
by
be
in
in
to
in
of
in
.
.
“
.
,
.
,
of
the Board
of
,
LLEWELLYN SMITH
Secretary
to
.
owner
Trade
in
these Regulations the expression
has the same meaning
the copyright
the Copyright Act 1911
Section
Dated this 7th day
June 1912
as
INTERPRETATION
H
diligence
or can with reasonable
be
ascertained the inquiries shall be sent to
such address ; or
ment
”
;
advertised
the London Gazette seven
days after the date
such advertise
of
right .
( 7. ) The inquiries shall be sent by registered
post or published by advertisement as follows
( a . ) if an address within the United Kingdom
of the owner of the copyright is known
be
( d .) an inquiry whether the contrivance
so
described was made with the consent or
acquiescence of the owner of the copy
(2
)
allegation
that a contrivance
has
previously been made by means of which
the musical work may be mechanically
performed , with the trade name ( if
of such
known ) and a description
contrivance ;
19
( c. ) an
(a
.)
inquiries ;
of the name , address and
making the
of the person
(6
.)
statement
occupation
a
( 6 . ) if such address is not known and cannot
with reasonable diligence be ascertained
the inquiries shall be advertised in the
London Gazette .
reply
(8 .) The prescribed time
such
inquiries shall
cases where the inquiries are required
registered post seven days
sent
after the date when the inquiries would
ordinary course
post
delivered
cases where the inquiries are required
In
( 6. )
sufficient
)
(
9
.)
and ( if necessary ) a description
to identify it ;
4
of
(
�
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publications
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Date
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1912-07-01
Volume
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Issue
10
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19120701
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Title
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Copyright Act, 1911 (1912)
Subject
The topic of the resource
<em>Copyright Act, 1911 </em>(1912)
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Type
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Publication
Identifier
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1912-07-01-Supplement-22-10-Copyright-Act-1911
Description
An account of the resource
A reprint of the Copyright Act as amended 16 December 1911.
copyright
international
publications
The Author
-
https://historysoa.com/files/original/4/423/1911-07-01-Supplement-21-10-Copyright-Bill.pdf
58125d54ebb3989e251af4f8a48c310c
PDF Text
Text
COPYRIGHT BILL .
,
(30 MARCH
ARRANGEMENT
1911
).
CLAUSES .
OF
PART I.
IMPERIAL COPYRIGHT .
Rights .
Clause .
licences .
.
. Civil
remedies
infringement
&
c
,
.
to
.
.
Remedies
.
sessions
copies
Libraries
.
of
Books
British Museum and other libraries
.
copies
to
of
Delivery
Delivery
Copies
.
of
Importation
remedies
.
summary
.
provisions
to
quarter
as
Extent
.
warrants
Appeals
hawker
,
&
c
.
of
.
,
of
pirated copies being hawked about and arrest
to
Search
of
.
. . .
15 14 13 12 11
.
.
16
architecture
Penalties for dealing with pirated copies
Seizure
,
or
the case
in
remedies
actious
&
c
Limitation
.
Restriction
Importation
.
copyright
dealing with pirated copies
owner against persons possessing
Exemption
pay damages
innocent infringer from liability
Summary
17
.
Remedies
of
Rights
of on of
10
. 9
. 8. 7.
6
for
Civil
.
&c
&
c
of copyright,
.
Compulsory
Ownership
of
.
5.
4
Infringement of copyright..
Term of copyright.
of
.
.
3
to
2
Copyright .
of
1.
�(
)
2
Registration
Clause .
18. Registration
.
Special
.
20 .
19
.
Provisions as
to certain
Works .
Works of joint authors .
Posthumous works .
21. Collective works
22
.
.
to photographs
Provisions as
, records ,
&c
.
23 . Provisions as to designs registrable under 7 Edw
24 . Works
of
foreign authors
first published
. 7 c.
parts
in
29.
of His Majesty 's dominions
which Act extends .
Existing works .
Application
.
-
PART
II
.
.
certain
.
Repeal
.
Short title and commencement
Schedules
.
.
.
Council
copyright
compensation
Interpretation
in
as
Orders
university
to
Saving
PROVISIONS
common law rights
.
Saving
of of
Provisions
to
of
Abrogation
.
.
38
. 32
.
. 36
. 35
. 37
. 34 33
SUPPLEMENTAL
III
.
to
.
possessions
British
.
of
Part
COPYRIGHT
foreign works
to
extend Act
II
.
to
31
. 30
.
INTERNATIONAL
Application
libraries
legislation
.
pass supplemental
.
PART
Power
to
possessions
of
Legislatures
Power
British
Application
protectorates
to
.
29
.
Application of Act to British Dominions .
Legislative powers of
governing Dominions
self
.
.
28
27
of
26
British Possessions .
to
.
.
.
25
to
�Be
it
THE LAW
,
the advice
and with
and
present Parliament
this
I.
PART
RELATING
:
as
, ,
's
of
by
,
assembled
,
King most Excellent Majesty
Spiritual
the Lords
and Temporal and Commons
and
the authority
the same
follows
by
enacted
of
consent
AMEND AND CONSOLIDATE
TO
COPYRIGHT.
TO
in
BILL
the
A
)
3
by
(
.
IMPERIAL COPYRIGHT
for
to
of of
parts
is
to
-
to
by
as
this Act
extended
which this Act
dominions
conferred
self governing
or
and
,
the
,
to
unpublished
publish
and
any
;
whatsoever
or
produce
deliver the work
to
in
any material form
lecture
of
a
is
if
the work
means the sole right
”
thereof
case
to
.
part
the
in
;
,
or
public
copyright
work
-
dram
performance
atic
in
into
a
or
by
way
other non dramatic
of it
convert
copies
,
work
to
multiplication
novel
or
it
other non dramatic
a
to
into
-
or
way
convert
of
either
of
a
,
novel
by
,
dramatic work
a
the case
work
of
case
work
of
the
;
in
in
(b
)
(a
)
sball include the sole right
or
to
,
,
of
by
means
wbich
,
or
,
any work
a
of
public
of
in
in
exhibition
for
of
,
a
of
the
public
such works
,
. of
copies
of
,
to
be
be
deemed
, ,
architectural work
art but
the purposes
paintings drawings works
sculpture
engravings
shall not
lecture
of
an in
of
public
means the issue
,
,
relation
,
art
and
any record
delivered
to
as
contrivance
make
.
in
of
work
aforesaid
the construction
photographs
works
other
performed
this Act publication
,
of
architectural
musical
the public and does not include the performance
of
,
artistic work
or
,
,
be
,
mechanically
musical work the delivery
this provision
and
to
the work
or
an
dramatic
of
of
copies
dramatic
cinematograph
any such acts
For the purposes
or
to
(
3
)
and
the work may
authorise
literary
a
case
perforated roll
film
of
the
in
(
©
)
;
public
.
.
of
of
's
at
the making
His Majesty
the date
such
;
so
far
a
to
perform
substantial part thereof
within
resident
the protection
“
of
this Act
any substantial
or
to
;
·
any language
the author was
foreign countries
purposes
,
For
and
;
,
or
'
aforesaid
,
in
work
British subject
in
in
not extend and
(
2
)
herein after
term
was first published within such parts
the work
aforesaid
Council thereunder relating
reproduce the work
in
unpublished
other works except
the
by
no
dominions
does
an s
of
case
dominions
as
a
,
published work
as
in
(6
)
the
the work
Orders
Copyright
,
if
—
's
of
the
in
in
(
a
)
case
His Majesty
but
the
copyright shall subsist throughout
His Majesty dominions
which this Act extends
the
every original literary dramatic musical and artistic work
mentioned
parts
-
this
,
provisions
Act
of
the
Subject
to
.
1
of (1
)
.
Rights
�(
shall be deemed
to
the do
,
:
:
of
research
the copyright
therein
,
or
,
,
study made
he
does not thereby repeat
of
of
photographs
a
work
or
,
engravings
or
that work
drawings
,
,
provided that
model
:
of
of
is
not the owner
the work
, , ,
,
of
private study
cast sketch plan
, ,
of
design
paintings
work
any mould
of
for
the purpose
The making
of
,
(
or
)
a
or
,
a
in
if
,
of
of
of in
lecture
:
art
,
in
at
the
in
a
the
of
build
place near
hire
sale
distributes
to or
for
possession
or
his
any person who sells
,
has
infringed
be
to
in
a
deemed
or by
or
offers
,
or
hire
,
lets
work shall also
exposes
,
for
or
(2
)
Copyright
in be
.
lecturer
or
given
of
the a
is
before the lecture
entrance door
,
lectures
one
or
the series
;
of
the
on
or
is
the lecture
if
,
on or
of
of
series
is
or
given
public
the same subject
printed notice affixed
of
of
the first lecture
written
delivered
either
the lecture
same lecturer
the series
the lecture
of
of
a
by
by
at
a
the )
ing
first lecture
report
notice given
the
the beginning
conspicuous
which
in
or
(6
by
,
same place
at
series
prohibited
the beginning
lectures given
of
(
a
)
orally
is
unless the report
newspaper
a
in
publication
The
(
iv
)
or
public place
building
artistic craftsmanship
situate
paintings drawings engravings
photographs
the making
which are not
any architectural work
plans
the nature
architectural drawings
or
sculpture
artistic
the author
imitate the main
or
(
iii
)
by
him use
by
the
an
the author
(
ii
):
Where
review
of
,
or
criticism
person who
:
(i
)
for
an
is
on
this Act conferred
following acts shall not constitute
infringement
copyright
Any fair dealing with any work
purposes
the
which
by any
,
the
by
infringed
to be
copyright does anything the sole right
copyright
owner
Provided that
,
a work
the
Copyright in
,
. - ( 1)
without the consent of the owner of
of of
2
the
Infringement
of copyright.
)
4
in
or or
or
's
or
in
or
,
,
for
for
to
he
,
the parts
,
death
of
his
of
as
fifty years after
elsewhere than
His
work which has been published
the Comptroller
the withholding
reproduce the work
the
the public with respect
licence
to
of to
reason
or
a
reasonable requirements
praying for the grant
interested
to
,
that
by
any person
of
presented
of
a
of
the author
of
and
the
,
public
,
work are not satisfied
otherwise expressly
in
,
period
except
.
petition
by
a
public
a
of
by
publication
any time after the death
the
from
the perform
used
the copyright unless
.
for
to
the author and
first
Patents Designs and Trade Marks alleging
the work
of
owner
be by
be
be
to
the
of
a
be
the life
is
at
in
of
the
of
he
If
(
1
)
of
or
of
entertainment
any person who
which this Act extends
.
performed
General
infringed
copyright shall subsist shall
which
determined
dominions
.-
4
's
Majesty
Compulsory
licences
this Act
previously
other place
work without the consent
,
.
provided
unless
theatre
deemed
innocently
acted
The term
by
,
3
copy
.
of
Term
work shall also
or
in
a
(3
)
in
public
proves that
right
,
.
took place
Copyright
private profit permits
ance
's
of
,
it
if
or
importation
of
hire into any part
to
imports for sale
or
,
in
public
or
His Majesty dominions
which this Act extends any work which
his knowledge infringes copyright
would
infringe copyright
had been made within the part
His Majesty dominions
hiring exposure
having
offering
possession for sale
into which the sale
bire
exhibits
�perform
the work in public , the Comptroller shall consider the petition , and if , after
inquiry , he is satisfied that the allegations contained therein are correct , then , unless
satisfactory reasons have been given for the with holding of the work , he may , if he thinks
it just and equitable to do so , order the owner of the copyright to grant to the petitioner
to reproduce
of
be
copies issued
is
:
be
made
a
first performance
of of
such
first publication
the
in
the date
undue limitation before the expiration
or
such
or to the
of
of or
to
be
:
a
from
for the right
of
excessive price
from
-
withheld
the work
the number
for
,
in
,
five years
limitation
the undue
deemed
for copies
the public
the work
not reasonably met
order for the grant
licence under this section shall not
an
of
Provided that
the ground
twenty
public
the demand
given
shall
work
charged
or
performances
this section
the excessive price
of
reason
the work
perform
on
of
by
(2
if, )
For the purposes
public
such terms and subject to such
public on
in
fit
or perform the work
Comptroller may think
or
as the
of
conditions
of
a licence
public
the
six
,
the work
,
in
,
it
if
as
to
in
the
such
the
in
be
as
in
be
be
of
's
to
,
of
,
in
of
of
to
to
be
.
to
be
.
made
dominion
for
performed
appeal
final
this section shall not
public
self governing
-
under
subject
any such dominion may provide
which this Act extends but the Legislature
granting
respect
operative
licences
such works which licences shall
Majesty
parts
may
specified
His
dominions
which this Act extends
to
be
to
to
of
a
,
to
by
.
of
of
of
shall
in
a
first published
licence
were embodied
the proceeding
that judge shall
in
any work
licence under this section
operate
enforcement
the decision
and
a
of
Court
order for the grant
what parties they are
the High Court
the grant
the Comptroller under this section
or
of
any other method
,
of
the High
An
(6
)
respect
a
,
to
,
judge
rule
and
how
the licence and made between the parties
Any decision
(5
)
in
a
deed
made
direct
the Comptroller directing
shall without prejudice
granting
be
order may
such
order
and
of
An
(4
)
by
him
and any
of
he
paid
,
as
may consider reasonable
costs
a
,
of
be
-
(3
)
General rules under section eighty
Patents and Designs Act 1907 may
any
made for regulating the procedure under this section and the Comptroller shall
proceeding before
power
any
party
under this section have
order
award
such
the copyright therein
work
a
,
of
this Act the author
shall
be
of
to
the provisions
the first
to
of
in
was
the con
the first owner
of
or
,
for
,
in
,
any agreement
be
by
the absence
the work
valuable consideration
the work was ordered shall
whom
agreement
the
any
to
absence
the person
by
person
,
that
of
of
some other person and the work was
by
the
shall
in
his employment
,
of
the employment
was employed
,
or
to
,
or
.
of
in
to
or
,
The owner
of
(
)2
and was made
portrait
the first ownes
the copyright
any work may assign the right either wholly
the copyright
subject
any particular country
place
and either generally
limitations
,
contrary
photograph
and
the course
author
whom
be
the
in
(6
)
the copyright
partially
,
that order then
person
in
,
some other person
where the author was
made
engraving
;
the
pursuance
trary
an
case
of
ordered
of
the
by
where
in
(a
)
,
Provided that
Ownership
,
&
c
. of
owner
Subject
:
of
(
1
)
-
.
5
.
licence
copyright
�is
any
is
unless
made
or in
it
valid
the assignment
which
,
,
shall
and may grant
.
of
this
of
the purposes
Act shall have
treated
the provisions
and
for
shall
,
the copyright
and
,
so
of
be
,
as
copyright
in
copyright the assignee becomes entitled
assigned
respects
the assignee
the right
respects the rights not assigned
the owner
be
or
for
of
by
no
in
by
as
respect
assignment
,
as
assignment
such
the right
Where under any partial
of
to
Act
licence but
any part thereof
agent
any right comprised
the assignor
)
6
the copyright
term
the owner
duly authorised
(3
)
his
right
, of
the
signed
the whole
of
for
interest
writing
by
and either
in
(
this
effect
.
accordingly
Civil
.
copyright shall
be
of
way
law
.
be
conferred
of
by by
of
all
,
,
may
the infringement
of
the copyright
such remedies
to
as
be
,
,
,
by
in
respect
the owner
the Court
presumed
pre
be
plaintiff shall
the
be
,
the work shall
to
subsists and
the copyright unless the defendant
any work
be
copyright
which
copyright
in
for infringement
in
infringed
entitled
and otherwise
of
In
of be
a
in
(3
)
to
work
accounts
any proceedings
any action
Act
this
.
costs
the absolute discretion
sumed
in
,
or
(
2
)
.
damages
interdict
The
any work has been
provided
otherwise
of
shall except
injunction
in
(
)1
.—
Where copyright
as
.v
.
of
right
6
remedies
,
Civil
for infringe
copy
ment
Remedies
of
for to
or
.
be
,
.
of
particulars
have been entered
in
been
of
in
but nothing
this proviso
proof
any
aforesaid
in
as
onus
of
of
which
have
have had reasonable means
:
the work
such
particulars
of
from
to
if
,
in
subsisted
defendant
deemed
sufficient
register
.
relieving
first published
work
of
a
in
or
,
,
,
a
be
defendant shall
a
as
such
possession
a
case where
in
within that
the case
infringement
the
British possession under the laws
in
no
construed
making
:
in
the
that register
,
in
resident
established
of
if
at
to
be
of
he
of
of
not aware and had not reasonable means
established under this Act
a
a
in
register
the author whereof was
be
shall
its or
be
to
to
an
or
to
or
be
of
of
to
.
demolition
,
if
,
or
or
in
Where
a
(1
)
9
.—
building
completed
other structure which infringes
which
copyright
con
some other work has been commenced
would infringe the
injunction
obtain
entitled
the copyright shall not
structed the owner
order
structure
such building
restrain the construction
interdict
,
.
used
,
was
making himself aware that copyright
of in
all
,
of
of
in
or
in
of
in
the infringement
register has been
entered
architecture
plates
the conversion thereof
if
,
a
or
in
entered
remedies
the case
,
of
,
of
and
himself aware that copyright subsisted
the work
Provided that
sufficient particulars were before the date
Restri tion on
,
in
be
,
of the in
,
be
to
in
of
of
respect
,
in
or
the date
he
.
of
as
of
,
or
,
of
of
the possession thereof
Where proceedings
of
&
c
.
,
pay damages
subsists
pirated copies
the production
such work shall
deemed
the owner
the copyright who accordingly may take proceedings
any work and the defendant
an
to
innocent
infringer from
liability
copyright
which
respect
taken
the infringement
the copyright
the existence
was not aware
his defence alleges that
remedy
any
plaintiff
other than
copyright
entitled
shall
not
the work the
the
injunction
respect
interdict
the infringement
the defendant proves that
8
of
Exemption
of
the recovery
any work
in are
to
7
the property
&
c
.
,
or
possessing
dealing with
pirated copies
used
copies
for
intended
be
persons zannst
pirated
be
All
of
Rights
.
(
)
if
a
of
he
the
,
his pleadings
defence
states that
disputes
existence
the copyright
case may
the title
the plaintiff
the
and the name
such objection
the ground
statement
with the addition
copyright
alleges
the
any whom the defendant
person
the owner
the owner
�summary
not apply
any
case
a pirated
copy of
copyright
the
which
this
as
shall
owner
,
of
property
penalties
as provide that
of this Act
be the
or
to
,
impose
deemed
of
of the other provisions
Such
the
(2 )
work shall be
in
.
a
)
7
to
(
section
.
of
.
or
sale
or
or
;
copy
of
of
in
for
,
&
c
.
o
in
his
of
a
,
or
;
of
,
or
,
or
or
an
any
shillings
or
but not exceeding
pounds
fifty
subsequent
without hard labour for
offence
not
term
a
second
this
for
forty
,
of
be
offence under
exceeding
of ,
a
he
,
a
with
or
to
to
of
in
or
in
or
case
for
of
of
be
to
any
of
the copyright
, ,
an
making
causes
with
case
of
the
or
in
,
or
,
offence under this Act
imprisonment
to
or
fine
section
.
for
guilty
profit
fine not exceeding fifty pounds
such
this
the purpose
private
the owner
of
be
consent
of
,
the
,
of
to
a
any plate
or
be
under
pirated copies
subsists
,
to
,
without
.
copyright
dealt with
be
,
copies
to
in
order
the offender which appear
making pirated
otherwise
addition
,
of
may
as
purpose
of
all
in
the
are taken
the possession
or
the owner
plates
the for
or
plates
of
up
the work
copies
to
to
delivered
any penalty
destroyed
the Court may
of
Seizure
about
arrest
hawker
.
order
of
and
or
oath
,
may issue
an
of
sale
on
by
is
offered
,
sold
information
any work are being
&
c
authorising any constable
about
satisfied
that pirated copies
it
carried
jurisdiction
believing
for
hawked
summary
or
reasonable ground
for
court
of
a
Where
,
to
that there
be is
(1
)
.—
12
fit
.
it
or
pirated
or
of
copies
(b
)
of
his
in
has
or
he
possession
knowledge
acted innocently
conviction
name and address purporting
liable
his
without
this
any such offence
not exceeding two months
term
a
place
copyright
which
public
proves that
summary
which
not
paragraph
under
and who proves
the offence was committed had printed
to
,
shall
to
a
on
in in
be
he
to
or
performed
of
in
some
an
:
a
or in
respect
offence
The Court before which any such proceedings
(
be all 3
)
work
any pirated
guilty
fine not
convicted
subsequent offence either
labour for
•
possession
any such
Kingdom
section
convicted
publisher
of
If
is
it of
(2
)
,
liable
second
about
the
conspicuous
any person makes
any work
shall unless
think
this
previously
person
proved that the copies were
copies
be
He
a
of
the
-
thereon
such work
that
conviction
imprisonment
the work
the printer
hard
has
work
such
innocently
acted
contravention
has not been
or
•
sub
or
marked
and
Penalties for
dealing with
pirated
copies
:
he
that
section who
copies
that
pirated
summary
same transaction
fine
Provided
unless
copyright
which
two months
exceeding
that
work
public any pirated copy
;
be
to
the
such
any
offers
hire into the United
proves that
liable
of
in
either
copy
work
dealt with
respect
pirated
exposes
copy
exhibits
sale
on
(©
)
(d
)
he
,
copy
hire
pirated
distributes
imports for
such
and
for
lets
hire any
every
Limitation
actions
Remedies
in
or
If
or
(6
)
sells
any
hire
or
for
sale
makes
subsists
Act
commenced
any person
;
(a
)
.-
(1
)
11
Summary
shall unless
copyright shall not
next after the infringement
.
of
infringement
years
the three
of
respect
of
action
in
.
10
An
after the expiration
be
.
applies
�)
(a ) to seize without further warrant any copies of the work which may
for
;
of
,
by
of
an
,
order
proof that
fit
the owner
of
,
up
,
or
.
as
this section
shall
of
any
any such order
.
chief officer
police
”
—
by
under
without payment
of
of
“
of
the
such
,
;
;
of
as
in
as
,
of
to
in
means
Inspector
District
the
of
Ireland
in
;
,
)
district
said
;
for
Police
of
of
(
in
has the same meaning
the Police Scotland Act 1890
the police district
Dublin metropolis means either
the Commissioners
elsewhere
(
e
)
police
person
make extracts from
Scotland
of
(d
)
in in
(
c
)
.
67
any
this section the expression
the
(5
(6 (a )
) )
54 Vict
.
53
or
in
pursuance
City Police
City
London means the Commissioner
England has the same meaning
the Police Act 1890
with respect
elsewhere
the Court
and arrest any
of
of
a
work
officer
hours
of
,
C
.
& 45 &
.
.
54
Vict
c
.
53
a
to
and any person may take copies
For the purposes
chief
reasonable
or
at
to
all
orders sent
or
of
or
for
which
copies
jurisdiction and that Court
be
,
of
copies
inspection
was made
the Court which
the order
summary
or
fee
be
(
4
)
All
the work
.
by on
any such
destroyed
the copies are pirated may order that they
delivered
the copyright
otherwise dealt with
the Court may think
open
place
canvass
to
of
by
for
in
or
court
a
before
the clerk
any district within
any constable may seize
of
shall bring them
personal
whose application
in
and
police
work
public
copies
circulars
true copy
Where the constable seizes any copies
(3
)
he
chief officer
thereupon
accordance with the terms
in
such person
the
any street
sale any pirated
.
has jurisdiction
to
, )
made the order
certified
who
the person
be
a
thereof
advertisements
has been made
order
to
a
copy
any pirated copies
of
such
his possession
(
(2
)
send
delivering
an
personally
sale
who offers
Where
has
for
or
to
(b
)
or
exposes
being
be found
sale
arrest without further warrant any person
sells
may
about, sold or offered
or carried
the
hawked
it
8
on
(
Royal
the
Irish
.
Constabulary
.
to
be
an
is
or
;
for
on
before
up
used
to
to
.
fit
or
the Court may think
any
under
for
brought
be
plates
offence
or
,
in
any work
or
be
,
dealt with
oath that
under this
the constable
an
of
proof that the copies
of
otherwise
a
it
the
of
six
use force
and
seize any copies
ground for suspecting that
as
the copyright
form
the morning
making such entry
clock
in
,
necessary
or
,
on
has reasonable
summarily
warrant authorising
search
)
otherwise
information
to
,
if
(
and
by
satisfied
plates intended
the warrant are pirated copies
destroyed
delivered
making pirated copies order that they
pursuance
pirated
incidental feature and does not
to of
grant
,
or
contains
.
,
if
an
that
and may
because
offence punishable
a
for
on
or
,
or
of
the
the
evening
, he
to
of
of
or
of
which
sale
merely
may
believing
open doors
or
of
the purpose
of
is
the Court
several works
periodical
jurisdiction
any premises
being committed
in
this Act
breaking
respect
only
enter the premises between the hours
the clock
whether
offering
publication
copy
newspaper
summary
in
by of
and nine
owner
of
A
.
is
is
therein
named
plates
pirated
such
being committed
selling
periodical
reasonable ground
in
.
there
Act
court
copies
other
if
a
,
work
any person
of
(b
)
the seizure
substantial part
13
a
copy
Search
warrants
arrest
newspaper
of
any
made extending
order under this section shall not authorise
the
An
(a
)
(
7
)
(6
)
A
single order under this section may
the
�(
14
.
Any
)
9
aggrieved by a summary
person
offence
under the foregoing
sessions
.
conviction
provisions of this
Act
. The provisions of this Act with respect
United Kingdom .
Importation of
15
to the
.
16 — ( 1 ) Copies made
subsists which
out
of the United
appeal to
summary
to
remedies
Kingdom
!
to the forfeiture
Customs
and
may
Excise
information , conditions ,
the
to
of prohibitions and
Act,
1876
,
and
matters,
to
this section , whether as to
, and may satisfy them
complied
be
proceedings
with
that the copies are
as are prohibited
such
by
and forfeiture of copies the importation
the detention
of which
is
this section , and the conditions , if any , to be fulfilled before such detention
forfeiture , and may by such regulations determine the information , notices , and
prohibited
,
of
of
all
of
of
copies
works the importation
different regulations may
made respecting
be
,
consequent
notices under any enactment repealed
of
any detention
detention
such
this Act being treated
;
on
proceedings
in
incurred
Commissioners
the
respect
as
reimbursing
the informant
by
any
of
,
his
copies
and damages
expenses
information and
for
(5
)
on
may provide
and
works
all
and Excise
this section
.
apply
section
The regulations may provide
Customs
and
notices
under this section
the
as
if
of
in
the
section
the importation
works made out
of
,
of
apply
of
,
to
British
Kingdom
United
for
part
of
as
:
Provided
treated
they were part
that notwithstanding anything
to
of
1876
Man shall not
shall have effect
section
This section shall with the necessary modifications
possession
copies
which this Act extends
(7
)
a
this
Act
this
be
Consolidation
that Act the Isle
purposes
provisions
,
Customs
foregoing
of
(6
)
The
of
.
given
the
such
this
the purposes
.
different classes
made
by
is
of
prohibited
of
(4
)
The regulations may
which
any
evidence
such
or to
verification
evidence requisite
for
the mode
, and the
of
of
security to be given
for
by
.
and
of
not be
of Customs and Excise may make regulations, either general
( 3 ) The Commissioners
into
copies should
sball , subject
.
this section to be imported
, respecting
Importation
of copies .
with a view
the Customs , the Commissioners of
to
the regulations under
require
with those regulations
selves in accordance
or special
relating
the law
or other
Extent of
provisions as
to summary
remedies .
.
any such copies or taking any further
thereof under
Appeals to
Sessions
or his agent to the
section forty -two of the Customs Consolidation
that section shall apply accordingly
( 2 ) Before detaining
only
shall extend
of any work in which copyright
infringe copyright , and as to
,
in
an
would
which the owner of the copyright gives notice in writing by himself
copyrigh
Commissioners of Customs and decise
Excise , that he is desirous that such
thathe
imported into the United Kingdom , shall not
be
be so
so imported , and
im
provisions of this section , be deemed to be included
in the table
restrictions contained
of
court of quarter
a
.
Copies
the United Kingdom
if made in
England or Ireland
in
may
that
the
copies
of
Museum and
other libraries
.
the book
Delivery
to
shall within
to
of
,
receipt for
.
written
Kingdom
copy
it
in
the United
expense
a
at
who shall give
.
Libraries
his own
a
the British Museum
deliver
,
trustees
of
one month after the publication
Books
every book published
,
of
(1
)
.-
17
Delivery
The publisher
to
of
.
possession
�(
( 2) He shall
, if
also
written demand
deliver within one month
after
authority
having
the control
demand to some depôt in
that written
book for , or in accordance
of the
named in the demand a copy
of each
with
London
of , the
the directions
libraries , namely : the
following
of the
,
three months after publication
is made within
of
receipt
)
10
Bodleian
Library , Oxford , the University Library , Cambridge , the Library of the Faculty
Advocates at Edinburgh , and the Library of Trinity College , Dublin .
in
,
,
summary
,
for
on
be
.
in
be
liable
to
fine
on
.
or
,
or
"
,
prints
,
or
book unless such edition
the maps
,
of
or
letterpress
a
the
of
sheet
subsequent edition
have been delivered
includes every part
music map plan
chart
book
in
letter press
the book and the
,
of
he
,
the
and
expression
-
be
, ,
is
of
for
sale and shall
.
of
this section shall
,
on
is
of
either
sewed
printed
shall
value
or
or
,
other
belonging thereto
.
engravings
alterations
coloured
bound
printed
the book ought
whom
,
to
or
sheet
,
,
a
authority
this section the
pamphlet
the book
and
sale
pounds
fire
table but shall not include any second
contains additions
copies
of
(6
)
of
book
the book
comply with this section
exceeding
For the purposes
finished
and shall
the other authorities mentioned
of
not
a
fails
the trustees
to
paid
division
fine
which
the books prepared
as
on
If
publisher
to a
(5
)
be
conviction
shall
the best paper
which the largest number
the like condition
thereto
the book are published
to
,
and
The copy delivered
paper
in
the
be
the best copies
for
stitched together
(4
)
or
the same manner
on
whole book with
shall be a copy of the
of the British Museum
to the trustees
maps and illustrations belonging
“
as all
copy delivered
in
( 3 ) The
of
an
officer
to
subject
,
prescribed
authors and
in
by
be
such
,
'
of
of
as
by
':
of
or
in
or
.
entry
or
be
to
in
the
other periodical
necessary
the whole
make
work
a
be
shall not
single
.
, so
do
to
on
,
magazine
for
but
, ,
part
or
books
parts
a
number
him
the work
to
or
other person interested
review
it
be
obligatory
newspaper
,
series
in
a
of
or
of
,
or
be
to
)
at
it
shall not
encyclopædia
each
may
any time cause the particulars respecting
,
entry
for
separate
and the
Company
names
more registers
works
the owner
of
(
3
)
but
an
,
in
the case
work published
or
work
any work may
the register
In
in
entered
the Stationers
prescribed
publisher
of ,
(2
)
The author
titles
Company
the Stationers
appointed
Trade such one
the names
may
the Hall
or
other particulars
copyright
of
the Board
entered
as
be of
(
the approval
which shall
kept
the registrar
called
be
(
1
)
hereinafter
be
There shall
.—
.
shall
by
.
in
be
register
pre
shall
and the registrar
be
,
any such
such
and any person
,
inspection
the
primâ facie evidence
of
any
to
be
open
from
shall
section
to
any entry
this
the registrar
prescribed
him
copy
times
extracts
may
the
register
certified
by
give
make
in
,
required
reasonable
of
take copies
under
Company
as
'
the Stationers
be
of
in
the Hall
established
indexes
a
to
kept
or
at
and shall
form
so
,
shall
and
,
(
5
)
The registers
entitled
if
be
scribed
also
the registers established under this section
of all
of
(
4
)
There shall
such indexes
be
.
suffice
true copy
the registrar
the production
of
a
be
proved
by
be
Act shall
register may
.
in
a
entry
by
certified
to
copy thereof
and
an
register kept under this
,
facts thereby recorded
be
a
a
entry
in
An .
true copy
(6
)
a
Registration
18
.
Registration
�which
the
under
or
repealed
enactment
desired
the work sufficient
by
;
and
and
registered
,
artistic work
been
the last preceding list
any
of
,
all
of
of
lists
works
particulars have
;
in
a
such
.
be
as
of
the
be
.
of of
which
register under this section
of
Trade
prescribed
any matters
sale
and
respect
in
Board
may
be
case
representation
by
certificates
for
the
furnished
entries
of
inspection
the
this section into effect and any
any register kept under
an
,
be
(c
)
class
of
entries
being treated
may require that
shall
for
,
for
(6
)
prescribed
as
Act
carrying
any register since the publication
may provide
this
render
the periodical publication
any
in
entered
shall annually
and generally
,
and
prescribed
Trade may make regulations prescribing
in
to
of
(
a
)
works
may
,
registers
from
expenditure under this section
and
prescribed
may provide
as
,
'
of
be
are
(
9
)
The Board
this section
such regulations
fees
Company
Stationers
their receipts
for
of
(8
)
The
such
in registers
of entries
extracts
to
copies of or making
registrar under this section
accounts
in respect
be charged
shall
taking
in
There
,
a
(7)
registers
)
11
to
(
there
the identification
of
a
work
under
this section
to
.
Works
.
certain
,
or
the
of
copyright shall subsist during the Works
author
during
joint
the longer
.
.
as
it
or
if
as
as
by
or
of
”
one
.
,
,
been
public
which
previously
dominions
to
unless
His Majesty
before that
,
in
,
thereafter
,
or
delivery
public
in
or
musical work
Posthumous
orks
.
of
joint
"
which
in
,
a
work
's
the parts
of
or
or
,
in
of
,
or
engraving
delivered
years
a
.
,
a
of
of
or
,
elsewhere than
been
work
the author who dies last but
dramatic
performance
fifty
an
of
of
in
a
of
publication
term
in
of
a
or
and
,
lecture
,
the case
till
first publication
which this Act extends
or “
of
in
,
happen
the death
the case
means
authors
the case
of
determined
first
the author
of
may
musical work
nor
a
a
of
,
in
copyright shall subsist
,
ever
nor
been
the contribution
which
the other author
the date
this
author
would have
joint authorship
more authors
the death
before
published
the same
the other
more
aforesaid
work
literary dramatic
immediately
of
shall
the contribution
the date
been
public
by
,
date
at
case
or
at
,
which has not
performed
of
by
In
the
copyright subsists
authorship
two
the collaboration
not distinct from
is
.
20
author
Act
this
of
produced
the purposes
for
For
this Act
be :
authors thereof
the copyright
the authors had satisfied such conditions
(
3
)
all
term
in
that the
of
authors had been the sole author
Provided
of
of
for the purposes
treated
or
,
shall
be do
in
(2
)
Act
the work
an
joint authorship some one
Where
the case
work
joint
conferring
copyright laid down
satisfy
the
authors
not
the conditions
unpublished
if
is
,
the author who dies last whichever period
on
be
in
to
is
,
to
as
term
years
fifty years after his death
of
for
a
a
work
not exceeding two
term
joint authorship
of
of
In
a
(1
)
.
-
19
of of
life life
case
Provisions
the author who first dies and
a
without hard labour for
Special
of
the registration
any
made any statement which
his knowledge false
guilty
misdemeanour
and shall
liable
conviction
of
a
shall
with
the purpose
of
for
be
to
be
,
particular
imprisonment
or
If
any person
causes
or
makes
he
)
10
(
.
thereof
�(
any agreement
the copyright
the contrary
the
in
of
owner
owner
article
the
subject
not
of
then
;
different authors ;
by
the
distinct parts
in
the collective work
or other contribution
,
contribution
right
written
or similar work ;
similar periodical
to
the
a work
proprietor
,
or
and
, dictionary , year book ,
,
newspaper review , magazine , or other
encyclopædia
an article
his
a
=
is
(6 )
(©)
to say )
to
an
, of
(a )
of an author is first published as
( that is
a collective work
in
the
21 . Where the work
Collective
works .
)
12
copy
,
of
records
were
to
the in
if
as
he
be in
of
of
in
of
be
,
of
,
or
or
is
a
a
of
reside
has established
it
,
,
to
at
or
,
in
of
or
for
be
Act
this
patterns
the
regis
so
of
under
being
multiplied
by
or
models
being registered
capable
to
,
as
used
though
be
designs capable
of
to
.
be
,
intended
or
owner
such
if
's
of
and
such negative
and where
the purposes
plate
the photograph
which
which this Act extends
1907 except designs which
to
(1
)
not
are
the negative
the time when
the work
per
mechanically
such parts
This Act shall not apply
used
deemed
dominions
and
work may
plate from
derived
the author
,
of
His Majesty
photographs
which
of
to or
indirectly
to
of
,
be
deemed
Patents and Designs Act
,
first
and authorising
the same remedies
the works
the making
the original negative
directly
was
business within
—
.
as
23
a
within the parts
.
7
,
the date
reproducing
entitled
any part
means
fifty years from
body corporate the body corporate shall
to
shall
and
by
who was owner
plate was made shall
any
industrial process
of
a
,
to
be
,
be
a
or
be
apply
the
not
and
and thereupon those provisions shall not
are in
such
country
,
of
citizens
foreign
to
this Act
dominions
as
,
of
's
of
to
in
provisions
His Majesty
not
lawful
to
's
dominions
,
His Majesty
shall
works published after the date specified
to
,
shall not apply
the
,
it
British authors
of
of
to
country does not give
has
.
to
as
extends
or
the
the works
Council
direct that such
works first published within the parts
authors whereof are subjects
in
would
have
,
and
this
the be
to
,
subsisted
or
as
of
or
no
that Schedule
right
other
interest
if
which
it
and
term
to
right
this Act
the first column
the First
shall
from that date
he
in
,
a
right
of of
before the commencement
specified
the second column
for
substituted
right shall subsist for the
such
in
forth
is
interest
as
any
right set
in
is
any work
,
such
a
in
the substituted
immediately
in
this Act
to
right
,
any such
interest
substituted
any person
Where
or
)
1
.
entitled
to
Schedule
to (
-
.
25
entitled
same
Order
on
by
,
Act
His Majesty that
adequate protection
works
to
to
to it
.
If
24
,
Order
such
.
give
copyright
which this
aforesaid
appears
His Majesty
confer
resident
Existing
works
-
(
2
)
be
.
undertaken
for
in
of
's
Majesty
dominions
which Act
extends
purposes
such
of
foreign
authors first
published
parts
His
foreign
General rules under section eighty
the Patents and Designs Act 1907 may
determining
design shall
made for
the conditions under which
deemed
used
for
Works
six
.
29
.
c
. 7
a
,
contrivances
shall
be
other
be
the person
,
and
delivered
tered
right
sole
copyright shall subsist
which
forated rolls
other contrivance
Provisions
designs
registrable
under
Edw
for
of
all
as
a
whole
the copyright
fifty years from
.
for
.
The term
performed
place
period
the copyright
or
, &c.
of
of
of
of
graphs ,
records
22
owner
and
the collective work shall have the
the reproduction
work
respect
the infringement
Provisions as
to photo
whole
a
work
the
of
publication
as
of
reproduction
the
at
of
in
or
copyright therein but the proprietor
each article
contribution shall retain
right
reproducing and authorising the
the collective work shall
times have the
such
Act
�(
at the
in force
one entitled
that
of
for
at
to
,
of
in
,
was
either
an
for to
assignment
of
so
;
his
be
at
,
at
as
who
be of
,
,
as
or
of or
by
determined
to
composite work and
that composite work
,
the proprietor
the payment
be
,
in
incorporated
reproduce
to
to
,
or
as
continue
subject
of a
,
as
grant
the author
cannot
the Lonilon Gazette and
or
in
of
of
,
or
,
expression
pay
agrees
to
of
.
arbitration
the
by
author
"
"
determined
by
or
performance
and
this section
includes
composite
legal
work
”
the
a
of
a
or
for or
at
or
,
.
various authors are incorporated
any work made before the commencement
accordance with the provisions
this section
, ,
copyright under the Copyright Act
of
to of
,
of
Act
virtue
.
shall not subsist
this
and
works
as
the provisions
parts
of
who
may
are subsisting
which
be
in
or
the person
view
this Act have been lawful
any rights
interest
action
such reproduction
deceased author
with
such reproduc
when
“
he
,
a
of
for
or
,
unless
such
failing agreement
of
a
of
restrain
with
time
any work
prejudice
this section the expression
which works
than onder and
the passing
expenditure
performance
of
copyright
to
(3
)
,
1775
otherwise
in
personal representatives
in
(
2
)
For the purposes
of
compensation
or
becomes entitled
date
as
,
to
said
,
the
connexion
in
valuable
Subject
but
any
the purpose
work
section shall diminish
this
or
from
at
in
or
arising
means any work
performance
July nineteen hundred
has incurred
the reproduction
performance would
nothing
such
with
whereby
the time was lawful
the reproduction
tion
-
,
connexion
manner which
to
a
taken
in
,
and
liability
any action
at
ten
(b
)
:
two London newspapers
where any person has before the twenty sixth day
in
,
advertised
he
registered post
found
,
,
if
at
not more than one year nor
which the right would
have
so
given
or
must
to
to
be
be
by
six
,
and must
sent
with reasonable diligence
person
have expired
option
mentioned
theretofore
months before the date
expired
but the
failing agreement may
interest
The notice above referred
than
a
the work
the right
entitled
in
of
the author
without any such payment
would
similar interest therein
the remainder
failing agreement may
consideration
is
,
or
,
the owner
shall
hereinafter
like manner
where
right
the
assignment
such
in
the work
royalties
;
arbitration
without any
(
ii
)
the
;
by
of
determined
arbitration
of
or
grant
the right for such
shall determine
which
interest
or
of
the right
or
i)
the (
right
perform
date
giving such notice
the term
less
interest
right con
have expired the substituted
subsisting
and then
before the
on
the owner
such
granted any
the date when but
,
Act
this
immediately
the
of
ment
then
express agreement
pass
this section shall
absence
the
the work and any interest therein created before the commence
to
author
right
the
this Act the right would
of
ferred
the whole term
the
by
therein
passing
of
of for
this Act has before that date
the first
in
the commencement
or
Act subsists
assigned the right
this
at
First Schedule
,
of
column
in which any such right as is specified
of any work
author
is
if the
be
Provided
(a )
date when the work was made and the work had been
:
thereunder
to
to copyright
the
had been
)
13
this Act
�(
Application
Application
of Act to
British
dominions .
This Act , except
.
)
14
to British
Possessions
.
of the provisions thereof as are expressly restricted to
,
throughout
Kingdom
the United
shall extend
His Majesty s dominions : Provided that it
,
governing
shall not extend to a self dominion unless declared by the Legislature of that
26 — ( 1)
dominion
to
be
such
force therein
in
such modifications
without
either
relating
and additions
sary to adapt this Act to the
'
any
exclusively to procedure
or with
and remedies or neces
of the dominion as may
circumstances
,
or additions
modifications
by
be enacted
such
Legislature .
Secretary of State certifies by notice published in the London
the
the
in
,
if
of
it
in
as
of
for
,
at
(i
no
)
,
dominion
.
,
in
,
which this Act does not extend the enact
they are operative
that dominion continue
that dominion
self governing
-
a
the
that
of
law
is
satisfied
, of
the
)
of
or
at
in
the Order and subject
His Majesty dominions
Order
to
time
of
the
's
at
, ,
such
an
by
-
as
the
works first
works the authors
,
under
this Act except such
works first published within
parts
His
dominion
self governing
-
a
to
rights within
any self governing
-
Council
of
shall confer
any
:
this Act extends
of
any protection
the
to
on
,
be
provided
and
which this Act does not extend shall not whether
entitled
such Order
but the Governor
to
,
;
save
conferred
in
in
a
or
not
Act
which
no
by
but
dominion
to
,
in
specified
the parts
within
of
may
be
of
,
shall
as
thereof
to
,
,
that
this
to
's
dominions
Provided
dominion
is
as
they are British subjects
Majesty
be
for
a
of
self governing
this Act
which this Act extends
for
(
any
therein
of
in
that dominion
whereof were resident
protection
shall
repeal
such
the repeal and that
-
by
of
at
to
the time
ncluding this Act
.
far
of as to
so
,
in
:
of
be
a
that
all
any time repeal
which this Act extends apply
works the authors whereof were
making
the work resident within the first mentioned dominion
published
's
of
in
by
be
of
on
it
;
by
so
by
,
this Act except such parts
any conditions contained
, )
His Majesty
law
unpublished
works whether published
authors who
time
subjects
the work were British
resident elsewhere than
that dominion
giving reciprocal protection direct that
Council may
the purpose
if
the making
Council
(
dominion
force
which this Act does not extend provides adequate protection within the
the
for to
dominion
in of
(3
)
the Legislature
Where His Majesty
Parliament
Provided
Legislature
the
dominion
this Act shall
force until repealed
works under the
dominion may
passed
that dominion
dominion
-
by
repealed
treated
.
copyright
repealed
to
cease
any self governing
In
(
2
)
ments
being
shall
copies
of
of
,
,
,
by
as
for
are
the importation
operative within
thereof
continues
Act
this
and
shall
lawful
the Secretary
notwithstanding that the remedies
enforc
extends
-
,
(
)1
.
far
as of
or
so
or
any part
that
Gazette
authors whereof
rights substantially
whilst such legislation
any self governing
relating
the enactments
that dominion
,
those under this Act
The Legislature
they
then
prejudicially affect any legal rights existing
in
.
dominions
any
the restrictions
differ from
to
-
self governing
27
—
Legislative
works
the dominion
within
the rights conferred
aforesaid
to
the rights
the dominion
Act
this
certificate
a
to
give such
enjoy
this Act
the purposes
which
to
dominion
,
ing
State
or
a
were
shall
under which
)
(
this Act extends
identical with those conferred
the dominion
legislation
works British subjects resident elsewhere than
subjects were resident
the parts
His Majesty
not being British
which
to
dominions
the making
of
at
the date
dominion
or
the
were
has passed
dominion
of
any self-governing
on
If the
(2 )
which this
Act
�(
, may
extends
)
15
by Order , confer within that dominion
the like rights as His Majesty in
provisions of this sub -section authorised to confer within
Council is under the foregoing
other parts of His Majesty 's dominions .
treated
it
as
if
be
to
this Act
which
to
the making
pass supple
mental legis
lation
,
the work
British
pos
,
they
remedies
Power
Legislatures
of
the
the time
, ,
to
and
of
works the authors whereof were
procedure
of
of
to
its
in
this Act
of
.
to
this Act
which this Act extends may modify
application
possession but
modifications and additions relate
such
to
shall apply only
possession
to
far
any British
the provisions
at
except
of
.
so to
or
add
any
“ a dominion
the purposes
this Act extends
which
The Legislature
as
a
dominion
28
were
is
of
which
for
the purposes of this sub - section the expression
of
For
extends ” includes a dominion
in
to
if
II
.
parts
,
to
a
's
of
as
citizens
a
the authors
of
,
like manner
or
subjects
if
,
relates
in
to
the order
any class thereof
the work
as
,
artistic works
the making
of
at
of
and
or
;
to
in
shall apply
if
musical
whereof were
the time
foreign country
which
the authors
Act
the Order
of
parts
in
relates
Majesty
his
's
which
in
to
this
Act
and
the Order
,
this Part
of
of
;
extends
of
in
this
the provisions
Act shall apply accordingly
country
residence were residence
such
which
to
,
to
dominions
and thereupon subject
foreign
this
:
like manner
if
as
residence
a
of
in
(
©
)
;
were British subjects
respect
a
in
of
respect
any foreign
Council under this section
Majesty
country with which His
has entered into
in
an
other than
to a
country
Order
(
(i
.)
,
Prorided that
before making
,
Part
pro
of
the
I.
for
to
to
require
under the provisions
of
to
expedient
,
)
or
,
to
it
works entitled
copyright
the country
as
which
copyright within
such
shall not
that
exceed
the Order relates
:
law
to
's
in
the
of
conferred
Council may provide that the term
His Majesty
dominions
aforesaid
of
:
of
the Order
parts
His Majesty
Act
by
(
ii
.)
this
as
of
,
if
tection
appears
be
copyright His Majesty shall
convention relating
satisfied that that
foreign country has made
has
undertaken
make such provisions
any
Power
extend Act
foreign works
. to
,
(
such
to
.
Council direct that this Act except
the Order
)
in in
be
as
to
COPYRIGHT
which this Act extends
literary dramatic
protectorates
Cyprus
foreign country
works first published
which the Order relates
they were first published within the parts
like manner
His Majesty
to
(
b
)
in
(1
)
.-
30
,
(
a
)
if
by
INTERNATIONAL
dominions
Application
.
to
's
of
Part
Order
applies
or
as
of
the provisions
the Order have effect
the territories
which
were part
His Majesty dominions
which this Act extends
His Majesty may
any thereof
may
specified
under
. to
.
to
any territories
any such Order this Act shall subject
it
the making
on
,
the possession
Council extend this Act
in
His Majesty may
Order
Cyprus and
and
protection
of
to
works first published
by
in
the possession and
to
to his
.
29
resident
�-- -- -
except
compulsory
far
so
not
shall
as
is
books
of
of
,
in
to
as
of
copies
country
such
the Order
provided
in
or
to
of
the public
be
the
to
is
the reasonable requirements
shall
country
if
licences
not apply
works first published
first performed
such
His Majesty
satisfied that
laws thereof provide means
enabling
satisfied with regard
to
grant
for
the
Act
to
this
as
of
the provisions
(
iv
.)
the delivery
this Act
works first published
:
by
apply
)
16
of
the provisions
to
.)
(
iii
(
such
such
the
may
of
to
any
by
and
of
prescribed
be
formalities
rights
the
accomplishment
the
as
and
enjoyment
the
subject
if
conditions
provide that
Act shall
this
)
Council may
be
conferred
(
Order
by in
(v
.)
the
:
works
of
to
as
of
in
to
,
be
as
five
section
to
.
,
any translation
all the several
countries
His
all
of
to
and any other
Majesty
expedient
His
dominions
-
which
it
the Order with respect
shall apply
appears
to
this Act extends
which
this
self governing
to
in
Council under this Part
Act
.
in
dominions
possession specified
.
virtue
in
Order
to
(1
)
British
possessions
Majesty
as
ceased
construed
importation
the in
has
provide
reviving
of
the right
and may
described therein
An
or
(
2
)
to
of
II,
Application
Part
so
as
the production
preventing
of
where
or
any
applied shall
International Copyright Act 1886
Council under this section may extend
An Order
31
's .—
named
Order
works the Order
existing
appear necessary
by
of
in
those provisions
any right
case
copyright the
appear necessary having regard
as
of
Act
Council may make such modifications
that nothing
ownership
:
the foreign country
provisions
this
the
of
the
applying
law
in
to
as
this Act
of
provision
Council may make such modifications
in
(
vii
.)
the
applying
in
(
vi
.)
:
Order
force
.
the time being
's
of
Act
,
to
to
of
of
acquired previously
for
and
far
be
of
so
,
such
Order
except
to
it
,
,
part
any
lawful
the date
any
literary
III
in
right
similar
otherwise than under
any other statutory enactment
for
,
unpublished
of
or
published
this Act
any
or
or
.
PROVISIONS
,
to
any rights
shall
declare that such
to
to
Council
copyright
whether
of
be
artistic work
,
or
entitled
accordance with the provisions
in
and
dominions
.
.
.
of
No
dramatic musical
in
.
rights
32
SUPPLEMENTAL
person shall
this
this Act shall with
except from the provisions
-
to
any prejudice
Part
Abrogation
low
com
in
a
any other Order
Order
such
this Part
shall not and the same shall not apply
preventing
His Majesty
self governing dominion
,
Act
this
necessary
or
by
the same
this
which
under this Part
.
,
to
it
of
his dominions not being
for
is
of as
this Part
of
(
3
)
His Majesty
as
-
and the provisions
the necessary modifications apply accordingly
appears
Where
His Majesty expedient
order any part
dominion
make with respect
to
-
authorised
dominions
to
Council
other than self governing
self governing
make the like orders
,
in
Act His Majesty
any
of
,
respects that dominion
is
,
Council
in
The Governor
extends may
as
(
2
)
.
that the Order should not apply
�,
is
it
in
be
.
applied
in
to
a
-
,
any
and
.
or
cinematograph
form
or
work
acting
of
choreographic
arrangement
production
of
,
for
, ;
,
recitation
incidents
;
or
,
records
may
work
be
”
include
which
a
means
;
,
drawing
,
painting
works
architectural
art
of
delivered
musical work
of
”,
and
by “
or
tion
sculpture
and
artistic
engravings
and
and
an
in
but not
artistic
respect
;
,
design
prints
and other similar
,
-
cuts
cinematography
any work
any work produced
by
and
any
;
photography
produced
any process
analogous
to
includes
;
”
Cinematograph
photo lithograph
-
includes
to
”
;
,
,
”
,
or
or
construction
having
structure
,
its
of
of
”
in
of
"
,
methods
such character
include etchings lithographs wood
being
works not
photographs
process analogous
“
any building
means
respect
by
“
Photograph
art
design
the processes
Engravings
“
of
character
includes casts and models
or
or
Architectural work
;
;
of
“
“
sculpture
of
Interpreta
photographs
Work
of
the
.
in
for
library
form
the combination
original character
works
and
libraries
the library
acting
other contrivances
includes
,
craftsmanship
otherwise
dramatic work
performed
”
work
compensation
certain
.
any year unless the
Saving
to
of
of
to
a
library for the loss
in
-
before the commence
the previous year has been
piece
of
mechanically
Artistic
the work
“
,
”
work
perforated rolls
or
”
in
in
give
,
·
Literary
arrangement
.3
,
or
.
Fund
:
be
paid
the scenic
show
an
represented
writing
or
where
dumb
or
the
is
fixed
any
includes
Geo
53
.
such
Saving
University
Copyright
c
. 15
of
for
any
the Consolidated
as
as
may hereafter
infringement
was immediately
compensation
preserved
,
”
work
.
by
,
as
as be
of
of
on
London
after
books
shall not
to
possess
,
In
which
“
of
for
of
(
1
)
Dramatic
entertainment
“
and
the
this Act unless the context otherwise requires
Literary work
includes maps charts plans and tables
—
.
36
“
.“
the use
may
Act
and paid out
be
that this compensation
books
or
,
.
in
of
be
if
copies
Treasury are satisfied that the compensation
purchase
Orders
Council
interests
and colleges mentioned
the universities
any Act
of
in
pursuance
receive gratuitous
to
.
35
of
the
of
Provided
charged
annual compensation
such
published
soon
any copyright they already
but the remedies and penalties
this Act payable
the right
Parliament
under this Act and not under that
Kingdom
,
or
in
1775
There shall continue
United
ment
as
be
, ,
Act
Provisions
Act
this
this Act shall deprive any
acquire under that Act
copyright shall
enacted
be
Nothing
effect
to
.
34
,
have
Copyright
the
laid before both Houses
,
made and shall
this Act
interests
Council made under this Act shall
of
of
and shall
Gazette
and shall provide for
rights and
such
Every Order
in
•
(2
)
the protection
in
at
accrued
varying
the date when the Order comes into operation
in
or
acquired
,
altering revoking
His Majesty in Council may make Orders
any
Council made under this Act
under
enactments repealed
but any Order made under this section shall not affect prejudicially any rights
Order
to
for
. ( 1)
33 —
any
in
as
)
17
or
(
�(
Pirated ,” when applied
“
)
18
work in which copyright subsists , means
to a copy of a
any copy made without
the
copyright, or imported
contravention
consent
acquiescence
or
of
;
Africa
,
,
,
Commonwealth
South
and
performed
of
a
,
,
the author
copy
lecture
public
and
,
or
public
his in
to
published
,
,
if
or
in
in
(
infringements
performed
acquiescence
executors
be
in
in
be
to
or
,
such
copyright
's
of
His Majesty
extended
shall
part
be
that
dominions
to
has
conferring
of
a
of
.
in
it
,
,
,
of
one such
days
fourteen
the author was during any substantial
resident within the parts
be to
to
be
,
if
a
is
in
as
of
deemed
Council
the making
work
this Act
such
not intended
the publication
Order
unpublished work
if
work shall
,
in
a
by
fixed
the conditions
,
or
and
place does not exceed
the other
an
of
in
subject
only
the time between
be
in
period
and
within
first published
notwithstanding that
unless the publication
colourable
the public
as
the case
deemed
place
other
some
aforesaid
two places
have been complied with
British
Canada
the Union
which this Act extends
may for the time being
,
to
to a
of
's
the publication
considerable
a
period
the work
.
's
of
(3
)
of
(
4
)
a
over
deemed
public
work shall
requirements
simultaneously
Where
Zealand
New
published
without the consent
satisfy the reasonable
longer period
, per
records
assigns
has been published simultaneously
parts
His Majesty dominions
and
be
delivered
For the purposes
this Act
His Majesty dominions
published
and sermon
other than those relating
to
of
be
this Act
deemed
,
or
a
adıninistrators
the parts
of
,
in
delivered
to
be
deemed
public
by which
the acoustic representation
means the Dominion
the Dominion
be
)
), (2
work shall not
used
,
.
Newfoundland
,
,
-
of
Australia
any
made
includes address speech
For the purposes
shall not
be
to
Self governing dominion
”
“
Lecture
“
are intended
”
or
forated rolls or other contrivances
are
to be
or intended
and any matrix or other appliance
the
,
of
means
, mould , matrix
printing
for
or reproducing
of
copies of any work
by
plate , stone , block
other
of
transfer
or
stereotype
negative used
delivery
includes
;
, or
a
;
of
any
Plate ” includes
“
to
relation
instrument
for
in
mechanical
lecture ,
or
,”
Delivery
“
place
the
;
tation made by means of any mechanical instrument
is
“
right
of
of the owner
of the provisions of this Act ;
Performance ” means any acoustic representation
of a work and any visual
representation of any dramatic action in a work , including such a represen
in
to
a
of
,
's
an
to
as
of
of
in
of
within
author
dominions
which
any such part
.
is
he to
domiciled
residence
His Majesty
in
of
in
,
of
to
Schedule
resident
the parts
the Second
this Act the enactments mentioned
the provisions
the third column
the extent specified
this Act are hereby repealed
Subject
to
.
that schedule
comes
into operation
that part
.
until this Act
His Majesty
's
any part
of
that this repeal shall not take effect
in
Provided
in
:
Repeal
37
this Acts extends
if
deemed
to
work shall
this Act
the provisions
be
a
For the purposes
be
(5
)
.
which this Act extends
dominions
�(
This Act shall come into operation
the
be fixed by the Legislature
in the
Channel Islands at
;
islands respectively
in any other
British
possession
as may be fixed
SCHEDULES
.
FIRST SCHEDULE
EXISTING
.
RIGHTS .
Substituted Right .
Existing Right .
defined
as as
Act
Act except the sole
or any substantial part
public
public but
copyright
.
as
,
to
of
of
sole
in
right
perform
the work
none
the other rights comprised
defined
this Act
The
,
where used
the first column
:
,
of
)
(
if
at
in
;
)
to
.
(
if
at
in
, of
a
in
of
in
",
to
or
,
on
a
in
ofof
to
Copyright
the case
work which according
the law
force immediately before
the commencement
this Act has not been published before that date and statutory
any
copyright wherein depends
publication includes the right
common law
publication
other dealing with the work
restrain
Performing right
public before
the case
work which has not been performed
any
the commencement
this Act includes the right
common law
restrain
public
the performance thereof
",
“
this
.
thereof
Works
defined
this
perform
the work
to
right
Act
this
in
|
,
Dramatic
Copyright
Copyright
purposes
this Schedule the following expressions
have the following meanings
For the
*
defined
Musical and
.
,
. .
|
Both copyright and performing right
Copyright but not performing right
Performing right but not copyright
Copyright
of
In
(6
)
the case
as
.
Works other than Dramatic and Musical Works
in
case
by
(a ) In
of
the
- -
Copyright
thereof
on the proclamation
by the Governor .
thereof within the possession
- -
the states of those
by
which this Act extends ,
to
may
.*
(d )
of that dominion
such date
as
;
.*
(c )
twelve
,
in
--
first day of July nineteen hundred and
;
or such earlier date as may be fixed by Order in Council
,
a self -governing dominion to which this Act extends at such date
the United Kingdom
in
(b)
, on
Short title
and com
mencement .
.
in
by
(a )
by
( 2)
This Act may be cited as the Copyright Act , 1911 .
by
.
38 — ( 1 )
)
19
a
is
to
.
,
to
be
in
of
a
if
or
,
in
,
of
a
or
or ,
,
or
of
an
,
of
at
,
,
or
In
of ,
*
essay
forming part
portion
the case
article
and first published
review magazine
subject
other periodical
any
work
like nature the right shall
right
publishing the essay article
portion
separate
form
which the author
entitled
the commencement
this Act
would
this Act had not been passed have
become entitled under section eighteen
the Copyright Act 1842
�(
SECOND
20
)
SCHEDULE .
ENACTMENTS REPEALED .
Sessionand Chapter.
8 Geo . 2, c. 13 .
.
.
.
6 & 7 Will . 4, c. 110 .
5 & 6 Vict . c. 45
7 & 8 Vict . c. 12
.
10 & 11 Vict . c . 95
Engraving Copyright Act , 1734 |
Engraving Copyright Act , 1767
Copyright Act , 1775 .
Prints Copyright Act , 1777
.
The Sculpture Copyright Act , 1814 .
The Dramatic Coypright Act , 1833 .
The Lectures Copyright Act , 1835 .
Copy
The Prints and Engravings
right ( Ireland ) Act, 1836.
The Copyright Act , 1836 .
.
.
The Copyright Act , 1842 .
.
Copyright
The
International
Act ,
1844 .
The Colonial Copyright Act, 1847 .
Copyright Act ,
| The International
1852 .
The Fine Arts Copyright Act , 1862 . ,
/ The
The
The
The
7 Geo . 3, c. 38 .
15 Geo . 3, c. 53
17 Geo . 3, c . 57
54 Geo . 3, c . 56
3 Geo . 4 , c . 15 .
5 & 6 Will . 4 , c. 65
6 & 7 Will . 4 , c. 59
Extent of Repeal.
Short Title.
.
15 & 16 Vict . c . 12
.
25 & 26 Vict . c. 68
.
38 & 39 Vict . c . 12
.
The
39 & 40 Vict . c. 36
.
The Customs Consolidation Act , 1876
45 & 46 Vict . c . 40
.
49 & 50 Vict . c. 33
.
51
.
The Copyright
(Musical Composi tions ) Act , 1882 .
Copyright Act,
The
International
1886 .
The Copyright
(Musical Composi tions ) Act , 1888 .
The Revenue Act , 1889
.
.
& 52 Vict . c. 17
52 & 53 Vict
. c.
42
.
2 Edw
. 7, c.
15 .
.
6 Edw
. 7 , c.
36
.
.
International
Copyright
1875.
The Musical
Copyright
The Musical
Act ,
The whole
The whole
Act .
Act.
Sections two , four , and five .
The whole Act.
The whole Act .
The whole Act .
The whole Act .
The whole Act .
The whole Act .
The whole Act .
The whole Act .
The whole Act .
The whole Act.
Sections one to six.
In section
eight the words “ and pursuunt
“ to any Act for the protection
copyright engravings . "
“ of
Sections nine to twelve .
The whole Act .
Section forty - two , from “ Books
copy
“ wherein ” to “ such
“ right will expire . " Sections
forty - four , forty - five , and one
hundred and fifty - two.
The whole Act .
The whole
Act.
The whole Act
.
Section
one , from “ Books first
" published ” to “ as provided
“ in that section ."
(Summary Proceedings ) | The whole Act .
Act ,
1902 .
Copyright Act , 1906
.
The whole Act
.
�
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Society of Authors Publications
Identifier
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publications
Publication
Date
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1911-07-01
Volume
21
Issue
10
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19110701
Dublin Core
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Title
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Copyright Bill (1911)
Subject
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<em>Copyright Bill</em> (1911)
Description
An account of the resource
Imperial copyright bill of 30 March 1911.
Source
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015039402600" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015039402600</a>
Relation
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<a href="https://historysoa.com/The-Author-Issues/1911-07-01-The-Author-21-10">Supplement to <em>The Author</em>, Vol. 21 Issue 10</a>
Type
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Publication
Identifier
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1911-07-01-Supplement-21-10-Copyright-Bill
copyright
international
publications
The Author
-
https://historysoa.com/files/original/4/220/1892-Lely-Copyright-Law-Reform.png
5339dff9fe3da54c444338999d438f62
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Society of Authors Publications
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publications
Publication
Date
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1891
Publisher(s)
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Eyre and Spottiswoode
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London
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Lely, J. M. <em>Copyright Law Reform: An Exposition of Lord Monkswell's Copyright Bill</em>. London: Eyre and Spottiswoode, 1891. <a href="https://archive.org/details/copyrightlawref00lelygoog/page/n8/mode/2up" target="_blank" rel="noopener">https://archive.org/details/copyrightlawref00lelygoog/page/n8/mode/2up</a>.
Dublin Core
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Copyright Law Reform: An Exposition of Lord Monkswell's Copyright Bill (1891)
Subject
The topic of the resource
<em>Copyright Law Reform: An Exposition of Lord Monkswell's Copyright Bill</em> (1891)
Description
An account of the resource
An account written by <a href="https://historysoa.com/people/Ostler-John-Mounteney-Lely">J. M. Lely</a> defining the scope of the copyright bill (as drafted by the Society's <a href="https://historysoa.com/items/browse?advanced%5B0%5D%5Belement_id%5D=56&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Copyright+Sub-Committee&sort_field=Dublin+Core%2CTitle">Copyright Committee</a> and presented by Lord Monkswell). Summarises the problems with the law and the remedies offered by the Bill.
Creator
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<a href="https://historysoa.com/people/Ostler-John-Mounteney-Lely">Ostler, John Mounteney Lely</a>
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<a href="https://archive.org/details/copyrightlawref00lelygoog/" target="_blank" rel="noopener">https://archive.org/details/copyrightlawref00lelygoog</a>
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Publication
Identifier
An unambiguous reference to the resource within a given context
1891-Lely-Copyright-Law-Reform
copyright
law
publications
-
https://historysoa.com/files/original/4/437/1912-07-01-Supplement-22-10-Statutory-Rules-and-Orders-1912.pdf
cab1c019816b16c0b22112bfa278c73f
PDF Text
Text
RULES
STATUTORY
AND
,
ORDERS
1912 . — No . 532 .
COPYRIGHT ,
ROYALTY SYSTEM
JUNE 7,
The Board of Trade , in pursuance of the powers
conferred by Section 3 of the Copyright Act , 1911 ,
hereby make the following regulations
(2
.)
,
in
.
be
.
to
the
of be
to
by
to
of of
in
a
at
.
or
of
no
,
of
by
of
at
if
of
an
be
or
of
of
to
be
a
of
;
to
of
,
to
or
of
;
which such labels can
obtained
the owner
the copyright refuses
neglects
supply such labels within
fourteen days after demand duly made
copies
purchasers
the work may
delivered
without having labels affixed thereto
and the
royalties shall
amount
debt due from the
person reproducing
the work
the owner
the
(
ii
.)
at
be
by
in
;
in
to
a
to
of
,
or
;
if
be
after the expiration
fourteen days from
the date
the prescribed notice the
owner
the copyright has not duly sent
the person reproducing the work
intimation
some reasonably convenient
place within the United Kingdom
from
of
of
of
be
to
be
such address
such name and address are not known
and cannot with reasonable diligence
ascertained
the notice
shall
advertised
the London Gazette
the
advertisement
the London Gazette
required
shall give the particulars
cases when royalties
are payable
any time labels
adhesive labels
the
denomination
are not available
either
of
because
,
,
or
copyright
his agent for the receipt
notice
are known or can with reason
able diligence
ascertained the notice
agent
shall
sent
such owner
.
by
on
of
.
means
required
be
to
bya
or
thereto
affixed
an
:
If
of
(a
.)
(
2
.)
a
by
–
(a
.)
(4
.)
of
.
,
byof
as
,
be
to
.)
;
,
&
c
is
it
of
at
to
a
be
(
3
.)
of
is
.g
.,
(e it
,
;
to
or
at
,
in
intended
whether
printing lithography photography
prices
the price
which
intended
publish the work
the earliest date
which any
the copies
purchaser
will
delivered
be
-
by to
it
;
the manner
which
reproduce the work
The notice shall not less than one month
before any copies
the work are delivered
purchaser
registered post
published
sent
advertisement
follows
the name and
address
within the
Kingdom
United
the owner
the
(
6
).
ROYALTIES
writing and tender
obtained and
demand
the price shall supply from such place adhesive
price equal
labels
the required denominations
royalty represented thereby
the amount
Subject
copy
these regulations
the work
purchaser until such label
shall
delivered
royalty have been
labels denoting the amount
of In
;
is
it
)
if
to
(
a
of
to
(c
.)
(d
.)
(e
.)
intended
descrip
(i
.)
of
to
(a
.)
(6
.)
the name
the work which
reproduce and
necessary
identify
tion sufficient
to
of
3
,
:
,
(2
.)
The notice required
Section
the
Copyright
Act 1911 shall contain the following
particulars
The name and address
the person
intending
reproduce the work
(6
.)
by
.
of
NOTICE
(a
.)
PAYMENT
Unless otherwise agreed royalties shall
payable
means
adhesive labels purchased
from
the owner
the copyright and affixed
the
copies
the work
After the person reproducing
work has given
reproduce
the prescribed notice
his intention
the work the owner
the copyright
shall
writing sent
registered post intimate
him
some reasonably convenient place within the United
Kingdom
from
which
adhesive
labels can
be
of ,
the
,
on
1st day
the
.
,
)
(
into operation
and shall come
July 1912
(b
.)
an of
paragraphs
Regulation
and
and shall also state
address from
copy
which
the notice described
Regulation
may
obtained
:
PRELIMINARY .
Copy
( 1.) These Regulations may be cited as
right Royalty System General Regulations 1912
.
1912
1912 .
OF
DATED
REGULATIONS,
(GENERAL )
of
THE COPYRIGHT
�of
for
.
.
,
. .
, ,
of
to
the Board
Trade
.
of
.
.
1912
in
as
”
No
,
AND ORDERS
owner
“
In
of
3
,
Secretary
.—
as
in
RULES
STATUTORY
the
H
.
,
an
aforesaid
shape
(
6
.)
in
be
of
of
in
as
be
adhesive label supplied
adhesive paper label square
these Regulations the expression
copyright
has the same meaning
Section
the Copyright Act 1911
Dated this 7th day
June 1912
LLEWELLYN SMITH
of
.
by
by
(d
.)
(e
.)
INTERPRETATION
,
of
date
such advertisement
agreement payable
Where royalties are
labels
any other mode than
means
adhesive labels
frequency
payment
the time and
the
shall
such
are specified
the agreement
The
the design to be entirely enclosed within a circle
and the side of the label not to be greater than
i inch in length . The label shall not bear the
effigy of the Sovereign or any other person , nor any
word mark or design such as to suggest that the
label is issued by or under the authority
of the
denoting any duty
Government
the purpose
payable
the Government
533
.
be
to
is
in
in
(
ii
.)
;
copyright , and the person reproducing the work shall
keep an account of all such copies sold by bim .
( c.) For the purposes of this regulation “ the
date of the prescribed notice ” means
( i.) in cases when the notice is required to be
sent by registered post , the date when
the notice would in ordinary course of
post be delivered
required
cases when the notice
the
the London Gazette
advertised
shall
)
2
to
(
.
COPYRIGHT
,
)
the
retail selling prices
the
the amount
and
contrivances
royalty payable
each contrivance
respect
the musical work
any
the earliest date
which
the
contrivances
will
delivered
purchaser
of of
of
to
be
at
be
;
to
is
in
10
(
b
.)
.
,
be
as
by
a
,
to
on
or
of
at
,
or
to
be
,
or
or
,
of
of
an
:
be
is
it
on
(
a
.)
is
;
it
a
) of
if
If
;
to
of
;
to (
) to of
;
to
of
:
is
sball contain the following
(3
.)
of
19
(
2
)
can with reasonable
notice are known
diligence
ascertained the notice shall
agent
sent
such owner
such
address
(
(c
.)
on
(
f.
)
.
by
identify the musical
tion sufficient
work
the class
contrivance
which
reproduce the musical work
intended
if
(b
.)
the
The name and address
the person
intending
make the contrivances
the name
the musical work which
reproduce and
intended
the author
descrip
necessary
known
aud
,
(a
.)
Section
before any contrivances
which the musical work
purchaser
sent
reproduced are delivered
by registered post
published
advertisement
follows
address within the
the name and
the
the owner
United Kingdom
copyright
his agent for the receipt
particulars
1911
,
(
2
.)
The notice required
repro
other work
the same contrivance with the
musical work specified
accordance
with paragraph
days
not less than
The notice shall
any
whether
duced
NOTICE
Copyright Act
;
of
(e
.)
as
'
.
the
,
operation
of
on
)
,
,
Regulations
ments
in
on
,
the ordinary
a
(d
.)
,
:
cited
the Copy
Mechanical Musical Instru
and shall come into
1912
July 1912
day
(
System
be
These Regulations may
1st
(
1
.)
.
PRELIMINARY
right Royalty
music
or
whether discs cylinders
;
(e
.g
.,
of
rolls
.
7
,
(
.
,
19
of
,
of
by
,
(6 in
)
pursuance
Trade
the powers
conferred
Section
the Copyright Act
1911 hereby make the following regulations
The Board
INSTRUMENTS
)
COPYRIGHT ROYALTY SYSTEM MECHANICAL MUSICAL
1912
REGULATIONS 1912 DATED JUNE
THE
�(
if
such name and address
are not known
and cannot with reasonable diligence be
ascertained , the notice shall be advertised
in the London Gazette ; the advertise
making the contrivances to the owner of the copy
right and the person making the contrivances shall
keep an account of all such contrivances sold by
ment
(c.) For the purposes of this Regulation
date of the prescribed notice " means
(i.) in cases where the notice is required
on
of
of
to
,
,
as
of
19
of is
(
2 in
)
in
by
.
in
of
be
,
of
by
as
.
in
a in
be
,
to
of
or
as
or
for
is
by
,
or
.
to
of
of
to
,
an
,
as
be
of in
,
of
.
to
RETAIL SELLING
PRICE
.
ORDINARY
of
any con
The ordinary retail selling price
trivance
shall
calculated
the marked
catalogued selling price
single copies
the
catalogued
public
such marked
there
selling price
which single
the highest price
copies are ordinarily sold
the public
or
at
or
at
is
no
to
of
be
.
to
,
, if
at
,
,
payable
denoting any duty
the purpose
the Government
Government
to
of
or
. -
of
of
of
after the expiration
five days from the
the
the prescribed notice
date
the person making the con
intention
sell such contri
make
trivances
vances
the owner
the copyright has
not duly sent
the person making the
contrivances
an
intimation
some
reasonably convenient place within the
United Kingdom from which such labels
to of
Where royalties are by agreement payable
adhesive labels
means
than
the payment shall
the time and frequency
the agreement
are specified
such
aforesaid
The adhesive label supplied
shape
shall
adhesive paper label square
the design
be entirely enclosed within
circle
greater than
and
the
side
the
label
not
and the side
the
length
inch
The label shall not bear the
any other person
nor
effigy
the Sovereign
any word mark
design such
suggest that
the label
issued
under the authority
the
any other mode
of by
.
at
if
a
to
or
Act 1911
or
,
to
.
or
,
to
to
of of
in
,
pre
the same manner
ticulars and given
scribed by these Regulations
the case
the
the Copyright
Section
notice required
,
to
at
of
a
in
on
a
to
to
or
made before
the commencement
the
Copyright Act 1911 the person making such con
trivances may give notice
his intention
sell
containing mutatis mutandis the same par
them
(e
).
in
.
of
by ,
by
of
to
of In or
because
(i
.)
to be
sent by registered post , the date when
the notice would in ordinary course of
post be delivered ;
( ii.) in cases where the notice is required to
be advertised in the London Gazette , the
date of such advertisement .
cases where royalties are payable
con
in
.
.
,
of
of
by
(a
.)
—
(4
.)
be
or
of be
royalty have been
labels denoting the amount
cylinders
affixed thereto
the case
which
not reasonably practicable
affix the labels
labels have been affixed
until such label
carton
box enclosing the cylinder
royalties are payable
cases where
any time labels
means
adhesive labels
the required denominations are not available either
is
“ the
trivances
Unless otherwise agreed royalties shall
payable
means
adhesive labels purchased
the
the copyright and affixed
from the owner
manner provided by these Regulations
After the person making the contrivances has
make
given the prescribed notice
his intention
sell the contrivances the owner of the copyright
registered post intimate
writing sent
shall
place within the
reasonably
convenient
some
bim
from which adhesive labels can
United Kingdom
writing and tender
demand
obtained and
the price shall supply from such place adhesive
price
labels
the required denominations
reby
equal
royalty represented
thereby
the amount
Subject
these Regulations no contrivance shall
purchaser until such label
be delivered
it
.
(
1
)
of
ROYALTIES
,
1st
OF
PAYMENT
him
(d
.)
the London Gazette shall give
in
the particulars required by paragraphs
( a .) and ( b .) of Regulation ( 2.) , and shall
also state an address from which a copy
of the notice described in Regulation ( 2. )
may be obtained .
Any number of
musical works may be included in the
same advertisement .
The notice may be given either before
July 1912
day
or after the
(b
.)
)
(5
.)
( 6.)
3
be is
if
of
of
in “
of
of
,
are
(5
)
to 19
to
to
in
)
of
or be in
(
by
,
,
(6
.)
of
"
),
(
of
if
of
statement
the name
the musical
respect
work
which the inquiries
are made and
the author
known
in
or
,
;
be
a
to
or
to
be
or
a
;
of
to
(
ii
.)
of
of
be obtained
owner
the copyright refuses
supply such labels within
neglects
three days after demand duly made
may
purchasers
contrivances
delivered
without having labels affixed thereto
the
carton
box enclosing the same and the amount
royalties shall
debt due from the person
can
the
(a
.)
or
of
INQUIRIES
The inquiries referred
Section
the Copyright Act 1911 shall
directed
the
his name
name
the copyright
owner
not known and cannot with reasonable diligence
general terms
the
the owner
ascertained
copyright
respect
the musical work
which
the inquiries
made and shall contain
�to
for
:
be
to
;
of
be
by
be
in
in
to
in
of
in
.
.
“
.
,
.
,
of
the Board
of
,
LLEWELLYN SMITH
Secretary
to
.
owner
Trade
in
these Regulations the expression
has the same meaning
the copyright
the Copyright Act 1911
Section
Dated this 7th day
June 1912
as
INTERPRETATION
H
diligence
or can with reasonable
be
ascertained the inquiries shall be sent to
such address ; or
ment
”
;
advertised
the London Gazette seven
days after the date
such advertise
of
right .
( 7. ) The inquiries shall be sent by registered
post or published by advertisement as follows
( a . ) if an address within the United Kingdom
of the owner of the copyright is known
be
( d .) an inquiry whether the contrivance
so
described was made with the consent or
acquiescence of the owner of the copy
(2
)
allegation
that a contrivance
has
previously been made by means of which
the musical work may be mechanically
performed , with the trade name ( if
of such
known ) and a description
contrivance ;
19
( c. ) an
(a
.)
inquiries ;
of the name , address and
making the
of the person
(6
.)
statement
occupation
a
( 6 . ) if such address is not known and cannot
with reasonable diligence be ascertained
the inquiries shall be advertised in the
London Gazette .
reply
(8 .) The prescribed time
such
inquiries shall
cases where the inquiries are required
registered post seven days
sent
after the date when the inquiries would
ordinary course
post
delivered
cases where the inquiries are required
In
( 6. )
sufficient
)
(
9
.)
and ( if necessary ) a description
to identify it ;
4
of
(
�
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<em>Copyright: The Copyright Royalties System (General) Regulations</em> (1912)
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Dated 7 June 1912.
copyright
publications
The Author
-
https://historysoa.com/files/original/4/410/1910-07-01-Supplement-20-10-Imperial-Copyright-Conference-Report.pdf
e9e63f8b1aa856522ed4a9fbf8f688a2
PDF Text
Text
IMPERIAL COPYRIGHT CONFERENCE.
-
-
1910.
MEMORANDUM OF THE PROCEEDINGS,
PRESENTED To BOTH HOUSES OF PARLIAMENT
July,
BY
COMMAND
OF
HIS MAJESTY,
1910,
As long ago as 1878 a Royal Commission reported that the British Copyright Law stood in
urgent need of revision and amendment.
It has not hitherto been possible to give full effect to the
recommendations of the Royal Commission, owing to the difficulty of the questions involved, but a
new importance has been given to the matter by the revision of the International Copyright
Convention, carried out by the International Conference held at Berlin in October and November
1908.
a
of
of
in
to
on
a
of
as
all
The revised Convention, which was signed ad referendum by the British delegates on behalf of
His Majesty's Government, embodies certain alterations which cannot be put into force in the British
Empire without a change in the existing law. The revised Convention was examined, from the point
of view of the interests of the United Kingdom, by a strong Departmental Committee, presided over
by Lord Gorell, which reported in December, 1909, substantially in favour of the ratification of the
Before, however, any action could be taken to carry out the recommendations of the
Convention.
Committee it was necessary to ascertàin the views of the other parts of the Empire.
Dominions, convened
subsidiary
A Conference of representatives of
the self-governing
representative
Conference
the Imperial Conference, and comprising also
the India Office,
accordingly met
copyright could best
consider
what manner the existing uniformity
law
be
H.
R.
to
F.
F.
;
of
of
:
of
E.
Secretaries
Trade, acted
as
of
T.
of
and the Hon. Sir Edward Morris, K.C. (Newfoundland).
the Colonial Office, and Mr.
W. Phillips,
the Board
.
the Conference,
of
Africa);
Keith,
of
B.
Joint
South
A.
(Union
Mr.
of
of
of
P.
of
by
of
of
of
A.
of
H.
G.
in
by
at
of
of
on
in
be
modified, the basis for discussion
maintained and
what respects the existing law should
being the revised Copyright Convention.
May 18, 1910,
This Conference met
the Foreign Office.
The Right Honourable Sydney
Buxton, M.P., President
Trade, was
Llewellyn
the Board
the chair, and was assisted
Sir
Smith, K.C.B., Permanent Secretary, Mr.
Askwith, C.B., K.C., and Mr. W. Temple Franks,
Trade; Mr.
representing the Board
W. Just, C.B., C.M.G., Secretary
the Imperial Conference,
Law, C.B., representing the Foreign Office Sir Thomas
representing the Colonial Office; Mr.
Raleigh, K.C.S.I., Member
India, representing the India Office; and Mr.
the Council
Iiddell,
the Office
the Parliamentary Counsel.
The representatives
the self-governing Dominions were the Hon. Sydney Fisher, Minister
Agriculture, accompanied
Canada); the Right Hon. Lord
Mr.
Ritchie (Dominion
Australia); the Hon. Sir W. Hall Jones, K.C.M.G.
Tennyson,
G.C.M.G. (Commonwealth
(Dominion
New Zealand); the Hon. Sir Richard Solomon, K.C.B., K.C.M.G., K.C.V.O., K.C.
�as
to
of
follows:
the reasons which had
which attention should
to
opening meeting the President, briefly outlined
the Conference, and indicated the chief points
the
led
)
2
the
directed,
be
º
At
(
GENTLEMEN,
of
to
to
or
or
I
of
on
to
in
it
I
it.
goof of
to
of
all
to
of
an
to
an
of
if
to
it ad
at
in
of
is
The
of
immediate reason for our meeting here
the Berlin Copyright Conference
two
which many
the great nations took part.
The outcome
the Conference was the
Revised Convention
which was signed
Berlin
behalf
the British Government signed,
ratify
say,
referendum, with full liberty
not,
desire
make reservations
the
Convention,
were subsequently thought advisable.
1887, when for the first
The first International Copyright Convention was that
Berne
attempt was made
time
form
International Union for the reciprocal protection
authors
among the various nations which were party
take
that the fundamental basis
that
Convention was that
the nations joining the Union should reciprocally give the advantage
their
very
various local Copyright Acts
other members
the Union.
The Berne Convention did not
years ago,
of
a
A
in
in
in
a
to
in
of
providing
much further than that
the direction
code
International Copyright Law owing
the great divergencies which then existed between the various local Copyright Acts.
There was
further Conference
Paris
1896
which some amendments were made.
considerable time
in
by
we
of
in
a
to
up
on
of
to
is
if,
to
it
by
to
a
of
a
in
no
be
to
is
or
of
of
of
byto
be
of
in
a
as
of
to
is
to
or
it
of
up
;
is
of
I
on
to
to ;
by
of
byI
by
a
or
a
to
a
as
to
to
of
so
of
to,
to
as
to
or
of
of
to
in
or
in
is
on
its
of
of
to
of
as
of
to
to
in
to
to
or
by
to
in
it
of
a
of
at
of
by
in
all a
to
I
a
in
of
a
to
a
In
to
in
in
of
its
to
to
we
I
of
then passed, and during that interval, with the exception
the United Kingdom, where,
am sorry
copyright reform, nearly every other
say,
have not for very many years past made any progress
may suppose,
nation belonging
the Union, influenced partly,
the Berne Convention, remodelled
Copyright Acts, and brought them more into accord with present-day requirements and present
day views.
them,
anticipation
Some
the revision
the Convention, made reciprocal Treaties
give each other the advantages which accrued from their
with regard
these matters,
order
consequence,
local legislation.
desire sprang
the Continent
have
further Conference
framing
with view
revised and more complete Convention.
This Conference took place
1908, and was
very representative character.
Perhaps,
may just
Berlin
that connection,
refer
the great loss we
feel the copyright question has sustained
the death
Sir Henry
Bergne, who was the chief British delegate
that Conference.
proposed
The result
that Conference was the drafting
revised Convention which
shall supersede the various other Agreements and Conventions which are now
force.
The British
delegates were authorised
sign that Convention
subject
subsequent ratification,
after
consideration
His Majesty's Government and
those representing the Dominions,
was thought
ratify,
ratify subject
advisable
certain reservations.
provide
single document
The advance which was made
the Berlin Convention was partly
embody
important amendments.
instead
the three that previously existed, and partly
number
regards the United Kingdom especially, various proposals were adopted which
The result was that,
proposed
are somewhat new
our laws.
One
the principal alterations which
the Berlin
Convention indeed, many
proposals are dependent
it is the entire abolition,
Inter
say, that there should
necessity
national relations,
what are called formalities, that
for registration
other formalities
order
obtain
retain copyright.
The Convention dealt also with the question
the date from which copyright should run,
whether from the end
the author's life
from publication, and with the question
the period
copyright.
The proposal made was that copyright should run for life and for fifty years afterwards.
you know, differs
copyright.
This proposal,
considerable extent from our existing system
literary works, and
grant
give the protection
There are also proposals
wider copyright
copyright
for instance, music against its reproduction without payment
mechanical means.
Some
these points are new,
far
we are concerned,
are differently treated under our law.
All these points, and others
which
need not now refer, were very carefully examined
strong Departmental Committee appointed
the Board
Trade and presided over
Lord Gorell.
This Committee came unanimously
the conclusion that the Berlin Convention should
ratified
think, with regard
and, further, they came
very nearly every point,
substantial agreement
these various questions connected with the proposals
the Convention.
That
the International position.
With the Imperial position you are familiar and you are
now, have beset the path, and which have rendered
aware
the very great difficulties which,
impossible
difficult
deal with the reform
the Copyright Law.
But there
another strong reason for dealing with the question.
As long ago
1878
Royal Commission reported that the British Copyright Law stood
urgent need
reform, but,
�(
)
3
owing to the difficulties of the question inherent,
International and Imperial scarcely anything
has been done to carry their recommendations into effect.
The Berlin Convention has shown further defects, and the examination by the Gorell Committee
Indeed,
has further proved that the question is of great importance and of great urgency.
feel
sure that anyone who has studied the question of copyright must admit that the time has fully come
when, quite apart from any question of the Berlin Convention, or the Imperial aspect of the question,
the question of copyright really ought to be dealt with afresh.
found, as I think
When I came to examine the copyright question in view of this Conference,
everybody who has had to deal with it has found, that it abounds in questions of the utmost com
plexity.
I think it was the Commission of 1878 who reported that the law ' (that
the Copyright
any sort
arrangement, incomplete, often obscure, and even when
Law) is wholly destitute
intelligible upon long study,
many parts
ill-expressed that
one who does not give such
study
can expect
understand it ; and they
make other observations
the same sort
requires amendment, simplification
with regard
our Copyright Law, and urge strongly that
and
codification, and should
placed
systematic and uniform basis.
It clear from what have said that adherence the Berlin Convention would involve in some
I
I
is
to
a
on
be
is
of
no
on
it to
so
go
it
of
in
is
to
to
it
to
it
of
is,
I
of
an
in
a
of
to as of to
of
as
of
we
by
to
to
or
I
as
if
we
on
is
it
of
be
RATIFICATION
OF
REVISED
in
the subject
were agreed
to
The Conference then resolved itself into Committee for the discussion
Seven meetings were held, and after full discussion the following Resolutions
of
in
to
be
to
or
to
us
to
in
to
in
to
to
at
as of
to
of
is
if
it
to
to
of
as
is
it
to
is
to
of
of
is
of
of
it
to
of
of
is
of as
it
to
it
to
to
in
as
a
as
as
of
to
be
it
of
an
a
respects
considerable departure from our copyright system and our Copyright Acts here, and would
involve, therefore,
Act
Parliament.
That being so,
became necessary
for His Majesty's
Government
consider what should
their attitude
reference
the Berlin Convention, and they
recognised,
course,
they have always done with regard
these copyright matters, that
was
Imperial
well
United Kingdom question, and that
was necessary, therefore,
take into
consultation those representing the Self-governing Dominions over the seas.
That
the reason,
you are aware, why delegates representative
Dominions,
the self-governing
the Dependency
India, and
the Home Government are met this morning.
In regard the general position, His Majesty's Government have come
the conclusion,
efficiency and from
the first place, that
the highest importance, both from the point
view
legislation
regards copyright
the point
view
the Imperial connection,
obtain uniformity
throughout
they desire
place before the
the British Empire.
That
the first proposition
Conference.
highly important
uniformity
great
degree
In the second place, they consider
attain
reasonably practicable among the principal nations
the world with regard
International
Taking those two points together, they consider
ratify the
copyright.
desirable, therefore,
practicable without any undue sacrifice
any important British
Berlin Convention,
this course
interests.
course, have
In examining this matter we shall,
consider the details
their merits and
opinion that
important that,
ratify
what they involve.
His Majesty's Government are
all, we should ratify with
possible.
the Berlin Convention
few alterations and reservations
desire, however,
say with regard
the detailed provisions
the Convention that
are not com
fully open
any sense
mitted
their terms, and that they will
discussion
the Conference,
applicable
order
see how far they may
here
the Dominions, and how far we may
modify them
wish
reserve points
connection with them.
detail.
:
CONVENTION.
on
;
to
be
of
of
on
by
of
its as to
a
as
be
a
of
to
be
of
be
1.
in
The Conference, having considered
substance the revised Copyright Convention, recom
mends that the Convention should
ratified
the Imperial Government
behalf
the various
uniformity
parts
the Empire; and that with
view
International Copyright any reservations
possible.
made should
confined
few points
No ratification should, however,
made
self-governing Dominion until
ratification
has been received
and provision
behalf
assent
should
made for the separate withdrawal
each self-governing Dominion.
IMPERIAL COPYRIGHT
LAW.
of
a
of
all
by
be
of
Copyright
2.--(a) The Conference recognises the urgent need
new and uniform Law
the essentials of Imperial Copy
throughout the Empire, and recommends that an Act dealing with
its provisions
right Law should
passed
the Imperial Parliament, and that this Act, except such
�(
)
all
4
to the United Kingdom, should be expressed to extend to
the British
possessions: Provided that the Act shall not extend
self-governing Dominion unless declared
additions,
the Legislature
that Dominion
force therein, either without any modifications
procedure and remedies
may
with such modifications and additions relating exclusively
enacted
such Legislature.
Any self-governing Dominion which adopts the new Act should
liberty subsequently
repeal
operative
withdraw from the Act, and for that purpose
far
that Dominion,
subject always
treaty obligations and respect for existing rights.
self-governing Dominion has passed legislation substantially identical with the new
Where
Imperial Act, except for the omission
any provisions which are expressly restricted
the United
Ringdom,
adapt the Act
for such modifications
are verbal only,
are necessary
the circum
procedure
stances
the Dominion,
relate exclusively
remedies
works first published
within
the authors whereof are resident
the Dominion, the Dominion should, for the purposes
be
in
at
it
is
as
so
it
to
by
to
to
to
or
or
to
or
in
to
or
or of
as
or
of
a
(c)
to
to
be
(b)
s
as
to
or
in
to
of
by
or
be
to
a
by
as are expressly restricted
as
in be
to
of
a
by
in
of
a
if
it
as
be
or,
in
by
of
the rights conferred
the Act,
treated
were
Dominion
which the Act extends.
(d)
A self-governing Dominion which neither adopts the Imperial Act nor passes substantially
may
identical legislation, should not enjoy
other parts
the Empire any rights except such
Council,
self-governing Dominion,
conferred
Order
within
Order
the Governor
Council.
in to
or
of
to
to
or
a
to
ACTS.
in
as
so
COPYRIGHT
to
to
;
to
its
of
(e)
any British Possession (whether
self-governing
The Legislature
Dominion
not)
modify
any
which the new Imperial Act extends, should have power
add
its provisions
pro
application
but, except
the Possession
far
such modifications and additions relate
cedure and remedies, they should apply only
works the authors whereof are resident
the Possession
and
works first published therein.
REPEAL
EXISTING
OF
of
in
as
of
INTERNATIONAL
COPYRIGHT.
by
in
by
so
to
In
be
so
to as
on
as
3.
is
of
opinion that
The Conference
from the date
which the new Imperial Act takes
effect, the existing Imperial Copyright Acts should
repealed
regards the parts
far
the
Empire
any self-governing Dominion
which the new Act extends.
which the new Imperial
they are operative
Act does not extend the existing Imperial Acts should,
far
that Dominion,
continue
force until repealed
the Legislature
that Dominion.
of
in it
is
a in
be
as
so
to
of
in
on
be
the Empire.
(b)
of
if
be
in
of
in
of
is
or
is
opinion that, saye
may
4. (a) The Conference
far
extended
Orders
Council, copyright under the new Imperial Act should subsist only
works
which the author
boná, fide resident
British subject,
one
the parts
the British Empire
which the Act
extends; and that copyright should cease
the work
first published elsewhere than
such parts
it
to
or
to
in
be
a
of
of
is
of of
in
a
to
in
to
or
be
in
or
in
by
be
to
of a
of
in
;
to
of
on
of,
or or
5.
to
by
so
it
in
or
of
on
by
if
is
of
opinion that,
possible,
The Conference
should
made clear
ratification that
the obligations imposed
the Convention
the British Empire should relate solely
works the
country
authors
which are subjects
citizens
the Union,
bomá fide resident therein; and
any case
regard
any self-governing
that
essential that the above reservation should
made
T}ominion which
desires.
His Majesty should have power
direct
Order
Council that the benefits
the new
Imperial Act,
any part thereof, shall
granted, with
authors,
without conditions,
the works
foreign country, and
being subjects
citizens
residents
works first published
that
country, conditionally
question making proper provision for the protection
the foreign country
copyright provided that Orders granting the benefits
British subjects entitled
the Act
foreign country within any self-governing Dominion
should
made
the Governor
Council
w
that Dominion.
DEFINITION OF COPYRIGHT.
The
to
by
to
a
to
of
or
in
to
or
in
is
if
or
to
in
to
be
a
of
a
or
of
is
in to
6.
opinion
that, subject
proper qualifications,
copyright
Conference
should
produce
reproduce
work,
any substantial part thereof,
any material
any language,
perform,
deliver, the Work
the case
lecture
public, and,
any substantial
part thereof
unpublished,
publish the work, and
the work
should include the sole right
dramatise novels and vice versá, and
make records, &c.,
means
mechanically performed.
which work may
include the sole right
form whatsoever and
�(
TERM
5
)
COPYRIGHT.
OF
The Conference is of opinion that, in order to dispense
and to ensure that the whole of an author's works fall
taneously, the term of copyright ought to be based on the life of the
certain number of years,
(b) The Conference understands that it would be impossible to
on the basis of any other term of copyright than one of life and
importance to the attainment of such uniformity.
(c)
7. (a)
of copyright,
with formalities as a condition
into the public domain simul
author with the addition of a
obtain International uniformity
fifty years, and attaches great
in in
of
a
of
of
a
of
;
in
of
to
of
to
of
is to of
in
of
is
of
is
be
is
of
as
to
of
of
of
of
of
as
be
on in
it
to
be
it
a
if
of
(e)
or
is of of
of
be
is
to
to
to
at
be
of
copyright which
The Conference further understands that the enactment
term
many cases would
present subsists would introduce grave complications
less than that which
applying the new Act
existing works.
securing
(d) Having regard
these considerations, and especially
the importance
opinion that, subject
International uniformity, the Conference
the conditions hereafter
indicated, the term
copyright should
life and fifty years
but that
the case
work
joint authorship the term
copyright should
the life
the author who first dies and fifty years
after his death,
the life
the author who dies last, whichever period
the longer.
opinion that,
granted
literary,
The Conference
term
life and fifty years
dramatic, musical and aristic works,
published works, effective
essential that,
the case
provision should
made
secure that after the death
the author the reasonable requirements
regards the supply and the terms
publication
the public
met
the work, and permission
perform
public.
copyright
The recommendation
the Conference
the term
conditional
the enactment
some provision
this nature.
ABOLITION
OF
FORMALITIES.
be
a be
-
be
in to
be
if
of
of
in
of
no
he
if
be
no
an
of
of
of
or
as
by
no
of
of
as
a
is
8.
opinion that
formalities, such
registration, should
imposed
The Conference
condition
the existence
the exercise
the rights granted
the new Act.
damages should
For the purpose, however,
the protection
innocent infringer
making
recoverable
the infringer proves that
was not aware, and had
reasonable means
himself aware, that copyright subsisted
the work; but every person would
deemed
copyright
effected with notice
the existence
the proper particulars have been entered
register established for the purpose.
Registration, however, should
optional merely.
INCLUSION
OF ARCHITECTURE
AND ARTISTIC CRAFTs.
of
of
or
its
of
to
an is
by
to
TO
be
or
to
of
to
or
to
APPLICATION
of
of
in,
a
is
of,
an
or
it
be
it
;
of
is
9.
original Work
opinion that
Conference
art should not lose the protection
solely because
consists
embodied
work
architecture
craftsman
ship
clearly understood that such protection
but that
should
confined
artistic form
production,
and does not extend
the processes
methods
industrial design capable
registration under the law relating
designs and destined
multiplied
way
manufacture
or trade.
The
artistic copyright
ExISTING WORKS.
of
or,
of
of
on to
to
a
to
if
to
by
of
to
be
to
on
in
he
of
of
to
no
of
as
at
in
at
in
of
is
opinion that existing works
10. The Conference
which copyright actually subsists
existing rights, the same
the commencement
the Act (but
others) should enjoy, subject
protection
any extension
future works, but the benefit
terms should belong
the author
power
the work, subject,
the case where
has assigned his existing rights,
the part
the
assignee
purchase the full benefit
his option either
the copyright during the extended term
publish the work
payment
royalties, the
without acquiring the full copyright,
continue
payments
necessary.
either case
fixed
arbitration
of
to
stop the importation
made
Dominions
which the Imperial
to
of
a
of
of
opinion that provision should
work into any part
His Majesty's
is
11.
The Conference
pirated copies
copyright
Act extends.
be
MISCELLANEOUS.
�(
6
)
in
of
of
Copyright embodying the above
and amendment
the Law
the Conference, and generally approved, after discussion
detail.
the consolidation
was submitted
to
A draft Bill
conclusions
for
The Conference is further of opinion that it is not desirable to continue the special provisions
4.
of the Foreign Reprints Act, at least so far as regards self-governing Dominions.
12.
The Conference is of opinion that it is undesirable expressly to confer rights on the
authors of works which themselves infringe the copyright in other works, and that if necessary a
reservation to this effect should be made when the revised Convention is ratified.
�COPYRIGHT BILL.
ARRANGEMENT
OF CLAUSES.
I.
PART
IMPERIAL COPYRIGHT.
Clause.
Rights.
Copyright.
Term of copyright.
Ownership of copyright,
1.
2.
3.
&c.
Civil
.
.
i
.
Remedies.
Rights of owner against persons possessing or dealing with pirated copies, &c.
Infringement by sale, &c.
Exemption of innocent infringer from liability to pay damages, &c.
Remedies in the case of architecture.
Limitation of actions.
Summary
Remedies.
. Penalties for dealing with pirated copies, &c.
10. Search warrant and hawking of pirated copies of works.
. Power to seize copies of works on hawkers.
12. Power to arrest without warrant persons selling, &c., pirated copies of works.
13. Appeals to quarter sessions.
14. Extent of provisions as to summary remedies.
Importalion of
Copies.
i5. Importation of copies.
Delivery
of Books
to
Libraries.
Delivery of copies to British Museum and other libraries.
- 16.
Registration.
.
Registration.
Special
. Posthumous
Provisions
as
to certain
Works.
works.
. Works of joint authors.
. Collective works.
.
.
.
.
Provisions as to newspapers.
Provisions as to photographs.
Provisions as to designs registrable
Existing works.
Application
25.
26.
27.
28.
to
under 7
British
Edw.7,
c. 29.
Possessions.
Application of Act to British Dominions.
Legislative powers of self-governing Dominions.
Power of Legislatures of British possessions to pass supplemental
Application to protectorates.
legislation.
�(
8
)
PART
II.
INTERNATIONAL
Clause.
COPYRIGHT.
29. Power to extend Act to foreign works.
30. Evidence of foreign copyright.
31. Application of Part II. to British possessions.
PART
SUPPLEMENTAL
III.
PROVISIONS.
32. Abrogation of common law rights.
Provisions as to Orders in Council.
34. Saving of university copyright.
35. Saving of compensation to certain libraries.
33.
36. Interpretation.
37. Repeal.
38. Short title and commencement.
SCHEDULES.
BILL
A
TO AMEND AND CONSOLIDATE
TO COPYRIGHT.
THE LAW RELATING
-
A.D. 1910.
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, as follows:
PART I.
IMPERIAL COPYRIGHT.
Rights,
1. (1) Subject to the provisions of this Act, copyright shall subsist throughout the
parts of His Majesty's dominions to which this Act extends for the term hereinafter
mentioned in every original literary, dramatic,
musical and artistic work the author
whereof was at the date of the making of the work a British subject, or a resident within
such parts of His Majesty's dominions as aforesaid:
Provided that if any work in which copyright subsists is first published elsewhere than
in the parts of His Majesty's dominions to which this Act extends, then, except as other
wise provided by this Act, the copyright in the work shall cease on such publication.
(2) For the purposes of this Act copyright " means the sole right to produce or
reproduce the work or any substantial part thereof in any material form whatsoever and in
any language ; to perform, or in the case of a lecture to deliver, the work or any sub
stantial part thereof in public ; if the work is unpublished, to publish the work; and
shall include the sole right,
(a) in the case of a dramatic
work;
work, to convert
it into
a novel or other non-dramatic
(b) in the case of a novel or other non-dramatic work, to convert
work, either by way of multiplication of copies or by way
public
it into a dramatic
of performance in
;
be
of
to
or
:
as
or
by
a
in
of
literary, dramatic,
the case
musical work,
make any record, perforated
roll,
mechanically
other contrivance
means
which the work may
performed,
authorise any such acts
aforesaid
(c)
and
to
Copyright.
�(
)
9
or or for
by
Provided that
or
an
an
or
or is ;
be
a
of
by
or,
is
by
be
in
in
a
a
or
of
an
if
or
in
a by
in
º
in
of
of
he
of
or
a or
of
of
a
in
or
an
an of or
be
or or of
a
by
or byof in
of
a
(i)
infringed
making
private use
abridgment
shall not
literary
adaptation, transposition,
translation
dramatic work,
arrangement
setting
musical work,
studies
sketches from
making fair extracts from
artistic work,
otherwise fairly dealing with
any such work for the purposes
the contents
criticism
review
(ii) nothing
this Act shall prevent the author
artistic work who
not the
owner
the copyright therein from using any mould, cast, sketches,
studies
made
him for the purpose
the work, provided that
does not thereby
repeat
imitate the main design
the work;
sculpture
(iii) copyright
public
work
artistic craftsmanship,
situate
place
building, and copyright
art, shall not
architectural work
infringed
making paintings, drawings, engravings,
photographs thereof;
public shall not
infringed
(iv) copyright
report
lecture delivered
newspaper unless the report
prohibited
lecture
notice given
Clther
copyright
an
a
of
a
in or
in
of
in
or
or
of
on
at is
if
of
on
by
or
of
to
of
a
of
to
of
as
in
or
of
in on
in
to
a he
is
to
a
to
to of
to
any Ownership
Copyright,
by
of
be
of
of,
of
by
of
of
;
of
of
in
in
if
he
as
in
of
of
to
in
in
or
is
an
byin
or
to
be
be
of a
an
or
is
of
to
of be in
in
of
where the work was ordered
some other person and was made for valuable
pursuance
any agree
consideration
that order, then,
the absence
writing
ment
the contrary, the person
whom the work was ordered
shall
the first owner
the copyright, unless the work
architectural
art,
public place
building,
work
artistic work intended for
which case the author shall
the first owner
the copyright, but shall not
make,
reproductions
entitled
authorise the making
the work
except with the consent
that other person, and that other person shall
respect
entitled
the same remedies
the infringement
the copyright
the work,
were the owner
the copyright
and
where the author was
the employment
some other person and the work
was made
the course
his employment
that person, the first owner
of
the copyright
in
of
this Act, the first owner
:
of
to
of
as
of
to
to
of
to
be
by
of
be
of
he
as
of 2)
A
(a)
of to
a
of
in
or
of
of
to of
to
or
to if,
3. (1) Subject
the provisions
work shall be the author
the work
Provided that
(b)
copy
:
is
a
in
by
a
of of
of
at
or
if
of
be
to
the provisions
this Act the term for which copyright shall Term
right.
period
fifty years after his death
the life
the author and
any time after the death
Provided that
the author
work which has been
published
public petition
performed
presented
any person interested
the
Comptroller-General
Patents, Designs, and Trade Marks alleging that,
reason
the
withholding
the work from the public
the price charged for copies
the work
perform the work
public, the reasonable requirements
for the right
the public with
respect
the Work are not satisfied, and praying for the grant
reproduce
licence
perform the work
public, the Comptroller shall consider the petition, and
the work
after inquiry,
satisfied that the allegations contained therein are correct may grant
reproduce
perform the work
public
the petitioner
licence
such terms
respects price and payment
royalties
the owner
the copyright
the work, and
otherwise,
may think fit.
Any decision
subject
appeal
the Comptroller under this section shall
judge
the High Court, and the decision
that judge shall
final.
(3)
any
licence granted
the Comptroller under this section shall not apply
Self-governing dominion, but the provisions
this Act with respect
the grant
every self-governing dominion
licences shall apply
which this Act extends, subject
such necessary modifications
the Legislature
that dominion may determine.
subsist shall
of
2. (1) Subject
is
in or
of
a
is or
at of
of by
of by
at
(a) orally,
the beginning
the lecture,
the lecture
one
series
lectures given
the same lecturer
the same subject
the same
place,
the beginning
the first lecture
the series;
printed notice affixed, before the lecture,
(b)
written
the first
given,
lecture
the series,
the entrance doors
the building
which
given,
conspicuous place near
the lecture
series
lectures
height.
the lecturer,
letters not less than
inch
&c.
�(
)
10
the copyright shall, in the absence of any agreement to the contrary, be the
person by whom the author was employed.
(2) The transfer on sale or otherwise of an artistic work, other than an engraving or
photograph, by the owner of the copyright therein shall, in the absence of an express
agreement to the contrary, be deemed to transfer the copyright in the work in any case
where the transferor is not the author of the work.
(3) The owner of the copyright in any work may assign the right either wholly or
partially, and either generally or subject to limitations to any particular country or place,
and either for the whole term of the copyright or any part thereof, and may grant any
interest in the right by licence, but subject to the foregoing provisions of this section as
to the effect of the transfers of certain works, any such assignment or grant shall not be
valid unless it is in writing signed by the owner of the right in respect of which the
assignment or grant is made, or by his duly authorised agent.
Civil
his
of
of
the conversion thereof.
to or or
or
or
of
or
for
be
at
of
if
by
of
as
or
of
or an a
or
to
be
or
be
of
,
.
or
,
in
or
or
;
or
a
in
&
of of
If
of
pºteacopies
Remedies.
any person commits any
the following offences
makes for sale any pirated copy
work
which copyright subsists
for sale or hire
exposes, offers,
(b) sells
lets for hire,
has
his possession
any pirated copy
any such work
9. (1)
or
for
with
(a)
Penalties
in on
it
to
of
in
in
if
of
as
a
as
of
of
to
of
a
of
8.
Summary
dealing
to
be
is in
of
in
or
in
Limitation of
actions.
of
in
a
a
in
infringed
any work
7. (1) Where the copyright
the construction
building
other structure, the owner
the copyright shall not
entitled
obtain
injunction
interdict
restrain the construction
such other building
structure
to order its demolition when constructed.
(2) Such
the other provisions
this Act
confer
the owner
the copyright
any work the same remedies against
person having
his possession for sale
dealing with
pirated copy
impose summary
the work
were his property,
penalties, shall not apply
any case
which this section applies.
infringement
copyright shall not
respect
An action
commenced after
the expiration
twelve months next after the infringement.
or
architecture
a
of
:
in
if
a
in
or
a
of
of
the case
of
Remedies in
in
to
if *f:
be
of
he
of
of
in
he
in
or
of
,
gº
º
...
in
in
6.
of
&c.
g
to
iability
ºnages,
respect
Where proceedings are taken
the infringement
the copyright
any work and the defendant
his defence alleges that
was not aware
the existence
any remedy other than
the ©right
the *work, the plaintiff shall
not
entitled
-->
:-- ſ-->
injunction
respect
interdict
the infringement
the defendant proves that
making
the date
the infringement
was not aware and had not reasonable means
himself aware that copyright subsisted
the work
Provided that
the proper particulars were before the date
the infringement
correctly entered
register established under this Act, or,
the case
work first
published in,
the author whereof was
resident in,
British possession under the law
which register has been established within that possession,
similar particulars have
been correctly entered
that register, the defendant shall
deemed
have had means
making himself aware that copyright subsisted
the work.
an of
of
iºn
Exemption
innocent
as
it
if
of
to
or
to
be
exposes,
or in
or
a
in
infringed
any person who sells
work shall
deemed
offers,
hire,
has
his possession
sale
distributes
public,
imports for sale
exhibits
hire into any part
His Majesty's dominions
which this Act extends any work which
his knowledge infringes copyright
would
infringe copyright
had been made within such parts
His Majesty's dominions
aforesaid.
lets for hire,
or
Copyright
by
respect
in
sale,
&
by
Infringement
in
...ith
pirated copies,
&c.
5.
P.P.9°
sessing or
4. In addition to any remedies otherwise conferred by law, the owner of the copyright
in any work shall have the same remedies against a person having in his possession for
pirated
copies * of the work, or any
plate used
sale or dealing with any
or intended to be
g
g
e
*
º
used for the production of pirated copies of the work, as if the copies or plate were
property, and accordingly may take proceedings for the recovery
the possession thereof
or
Rights of
owner against
Remedies.
�(
)
11
;
:
an
in
of
a
to
or
of
be
of of
in
he
of
of an
it
to
is
be
to
a
be
of
be
on
he
he
he
in
an
of
of
be
to
of
in
all
or
º
as
;
of
or an
or
on
in
of
is
of
to
or
of
be
to
be
or
byin
of
of
to
he
of
in
or
if
to
in
in
of
of
the clock
the morning and nine
six
the clock
between the hours
making such entry, whether
necessary,
use force
the evening (and,
any
any work
breaking open doors
seize any copies
otherwise) and
respect
plates
which
has reasonable ground for suspecting that
proof that the copies
being committed, and may,
offence under this Act
pursuance
plates brought before the court
the warrant are pirated copies
making pirated copies, order
plates intended
used for the purpose
destroyed
the copyright.
the owner
delivered up
that they
.
...
lº
in
is
of
or of
be
is
a
of
it
a
by
be
on
so
up
to
seize
*
of
in
his
of
or
a
in
or
at
ofof
A
on
writing
the Power
the request
constable may, without warrant,
11.-(1)
writing,
agent thereto authorised
work,
apparent owner
the copyright
being hawked,
the work which
that owner, seize any pirated copy
and
the risk
offered for sale.
carried about, sold,
conveyed
court
the constable before
seized shall
(2) Every copy
destroyed
proof that
pirated copy, shall
summary jurisdiction, and,
the copyright.
the owner
delivered
to
a
to
is
on
is to
on
or
up
on to
a
be
by
to
or
of
by
an
if
of
ºple
is
by
in
A
of
of
summary jurisdiction upon the application
the apparent owner Search war
court
10.
any work may act
rant and
follows:
the copyright
reasonable ground for believing that pirated
satisfied
evidence that there
(a)
copies
offered for sale,
the work are being hawked, carried about, sold,
may
seize the copies without warrant and
constable
Order authorise
proof that the copies are pirated, may
bring them before the court, and,
destroyed
the owner
the copyright
delivered
order that they
reasonable ground for believing
oath that there
satisfied
information
(b)
any premises, may grant
being committed
offence under this Act
that
enter the premises
search warrant authorising the constable named therein
if
of
of
or
to
up
of
be all
or it
to
in
a
to
be
in
of
or
If
to
or
of
or
of
in
in
of
a
of
:
in
of
be
on
he
he
or
(e)
any such work
public any pirated copy
exhibits
distributes
any such work
(d) imports into the United Kingdom any pirated copy
guilty
proves that
shall, unless
offence under this Act
acted innocently,
summary conviction
fine not exceeding forty shillings for every copy
and
liable
respect
this section, but not exceeding fifty pounds
contravention
dealt with
the same transaction
this subsection
offence under paragraph (b)
Provided that person convicted
any such offence, and who proves that the
who has not been previously convicted
respect
copies
marked
which the offence was committed had printed
the work
that
the
name and address purporting
some conspicuous place,
thereon
any penalty under this section unless
printer
publisher, shall not
liable
proved that the copies were
his knowledge pirated copies.
making
any person makes
has
his possession any plate for the purpose
(2)
proves that
shall, unless
any work
pirated copies
which copyright subsists,
summary
guilty
liable
offence under this Act, and
acted innocently,
fine not exceeding fifty pounds.
conviction
addition order
(3) The court before which any such proceedings are taken may
plates
copies
the offender, which appear
the possession
the work
that
destroyed
making pirated copies,
plates for the purpose
pirated copies
the copyright.
the owner
delivered
authority.
ºpiº
in
of
by
of
to
in
or
of
to
a
by
or of
of
by
at
in
all
to
in
for
in
or
be
at
to
of
be
by or
of
A
or
of
of
all
or
in
to
of
as
of
or
or
Power
12.-(1) Any constable may take into custody without warrant any person who
public place sells
exposes, offers,
any street
sale any lºst Witº"
his possession
has
any general written authority
specified
may
any such work
pirated copies
police, and signed
the copyright
the apparent owner
the chief officer
addressed
writing, requesting the arrest,
the copies
his agent thereto authorised
such work
respect
persons found committing offences under this Act
Works.
risk
such owner,
personal
any such specified work
who offers for sale any pirated copies
such work,
personally delivering advertisements
circulars.
canvass
police under
copy
every written authority addressed
chief officer
(2)
any person without
inspection
open
reasonable hours
this section shall
any fee, and any person may take copies
payment
make extracts from any such
�(
)
12
of
in
of
in
(e)
;
of
of
in in
(c)
53 & 54 Vict.
c. 45.
53 & 54 Vict.
C. 67.
as
(3) For the purposes of this section the expression chief officer of police"
(a) with respect to the City of London, means the Commissioner of City Police ;
(b) elsewhere in England has the same meaning as in the Police Act, 1890 :
Scotland has the same meaning
the Police (Scotland) Act, 1890;
(d)
the police district
Dublin metropolis means either
the Commissioners
Police for the said district
elsewhere
Ireland means the District Inspector
the Royal Irish
of
of
court
a
to
of
Importation
an
of
Ireland
or
in
a
this Act with respect
to
14. The provisions
the United Kingdom.
of
SéSSIOI].S.
quarter
remedies shall extend only
summary
Copies.
or
by
in
in
of
so
be
is in
of be
to
of
in
is
of
be
is
of
all
of
to
or
by
of
of
be
to
of
be
of
to
by
if
by
or
of
be
to
as
by
be
to
or
as
to
to
to
a
or
in
to
of
be
be
of
he
of of
to
of
Copies made out
any work
the United Kingdom
which copyright
writing
subsists
which the owner
the copyright gives notice
himself
his
agent
the Commissioners
Customs and Excise, that
desirous that such copies
imported into the United Kingdom, shall not
imported, and shall,
should not
subject
the provisions
this section,
deemed
included
the table
prohibitions and restrictions contained
section forty-two
the Customs Consolidation
*
Act, 1876, and that section shall apply accordingly.
taking any further proceedings with
(2) Before detaining any such copies
view
the forfeiture thereof under the law relating
the Customs, the Commissioners
Customs and Excise may require the regulations under this section, whether
informa
tion, conditions,
complied with, and may satisfy themselves
other matters,
accordance with those regulations that the copies are such
are prohibited
this section
imported.
(3) The Commissioners
Customs and Excise may make regulations, either general
special, respecting the detention and forfeiture
copies the importation
which
prohibited
any,
this section, and the conditions,
fulfilled before such detention
and forfeiture, and may
such regulations determine the information, notices, and
security
given, and the evidence requisite for any
the purposes
this section, and
the mode
verification of such evidence.
copies
(4) The regulations may apply
works the importation
which
prohibited
this section,
different regulations may
made respecting different classes
of such works.
15.-(1)
to
of copies.
-
as
Importation
England
summary conviction
13. Any person aggrieved
offence under the foregoing provisions
this Act may appeal
to
Extent of
provisions as
to Summary
remedies.
by
Constabulary.
Appeals to
quarter
sessions.
of
if
of
of
to
of,
in
in
or
of
of
of
of
of
a
to
of
if
a
it.
a
of
in
at
of
in of
a
be
of
of
to
all
and
at
libraries.
every book published
16.-(1) The publisher
the United Kingdom shall within
copy
one month after the publication deliver,
his own expense,
the book
the
trustees
the British Museum, who shall give
written receipt for
(2) He shall also, after written demand
made within three months after publication,
deliver within one month after receipt
that written demand
some depôt
London
copy
named
the demand
the book for,
accordance with the directions
the
authority having the control
each
the following libraries, namely: the Bodleian
Library, Oxford, the University Library, Cambridge, the Library
the Faculty
Trinity College, Dublin.
Edinburgh, and the Library
Advocates
copy
(3) The copy delivered
the trustees
the British Museum shall
the
maps and illustrations belonging thereto, finished and coloured
whole book with
the
in
British
Museum
Other
Libraries.
of
copies to
Books
to
Delivery
Delivery of
of
a
to
of
to
as
of
on in
of
of
on
of
all
(5) The regulations may provide for the informant reimbursing
the Commissioners
expenses and damages incurred
respect
any detention
Customs and Excise
any proceedings consequent
made
his information, and
such detention.
they were part
(6) The foregoing provisions
this section shall have effect
the Customs Consolidation Act, 1876.
(7) This section shall, with the necessary modifications, apply
the importation into
copies
British possession
which this Act extends
works made out
that
possession.
�(
)
13
same manner as the best copies of the book are published, and shall be bound, sewed, or
Stitched together, and on the best paper on which the book is printed.
(4) The copy delivered for the other authorities mentioned in this section shall be on
the paper on which the largest number of copies of the book is printed for sale, and shall
be in the like condition as the books prepared for sale.
(5) If a publisher fails to comply with this section, he shall be liable on summary
conviction to a fine not exceeding five pounds and the value of the book, and the fine shall
be paid to the trustees or authority to whom the book ought to have been delivered.
book includes every part or
(6) For the purposes of this section the expression
division of a book, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table
relative to geography, topography, or science.
Registration.
in
so.
a
to
a
it
or
be
or
do
to
on
be
to
or
of
of,
be
or of
a
in an
or
of
In
it
in
at
in,
º
or
17.--(1) There shall be kept in the Hall of the Stationers' Company by an officer Registration.
(hereinafter called the registrar) to be appointed by the Stationers' Company subject to
the approval of the Board of Trade such one or more registers as may be prescribed, in
which shall be entered the names or titles of works and the names of authors, and such
other particulars as may be prescribed.
the copy
other person interested
the owner
(2) The author or publisher
any time cause the particulars respecting the work
right
entered
any work may
obligatory
him
shall not
the register, but
encyclopædia, newspaper, review, magazine,
other periodical
the case
(3)
necessary
parts,
published
make
not
shall
books
series
work
Work
single entry for the whole work shall
part, but
entry for each number
by
Sll IIICe.
be
be
a
to
by
of
of
by
in
be
of
in
be
of
to
as
to
of an
a
be
in
of
be of
Special Provisions
be
as
be
to
as
be
or
of
of
to
in
to
in
of
or
a of
be
all
so to
if
at
5)
be
of
as
be
of
in
be
kept
the registrar
the Stationers' Company
the Hall
(4) There shall also
prescribed.
may
the registers established under this section
such indexes
the prescribed
The registers and indexes established under this section shall
inspection, and any person shall
open
form, and shall
reasonable times
make extracts from any such register, and the registrar
take copies
entitled
any such register certified
any entry
copy
required, give
him
shall,
prima facie evidence
the matters thereby
true copy, and any such certificate shall
certified.
registers,
registers, the inspection
respect
charged
entries
(6) There shall
making extracts from registers, and certificates
taking copies
the registrar under
prescribed.
may
this section, such fees
Trade such
the Board
(7) The Stationers' Company shall annually render
prescribed.
may
their receipts and expenditure under this section
accounts
Trade may make regulations prescribing any matters which under
(8) The Board
prescribed, and generally for carrying this section into effect, and
this section are
any such regulations may require that,
artistic work desired
the case
representation
registered, there shall
the work sufficient for the
furnished
identification thereof.
certain Works.
to
a
in
of
or
in
of
a
in
or
or
in
of
of
in
to
as
to of
in a
in
of
or
a
or
of
In
engraving not published, Posthumous
literary, dramatic,
musical work
the case
18.
public, nor,
Works.
the case
nor,
musical work, performed
dramatic
the case
public,
the
lecture, delivered
the author, copyright shall, subject
the lifetime
His Majesty's
provisions
the parts
first publication elsewhere than
this Act
delivery
performance
which this Act extends, subsist till publication,
dominions
fifty years thereafter.
public, whichever may first happen, and for
term
of
of
a
of
by
or
do
in
(2)
is
or
of
a
of
of
a
of
of of
19.-(1)
In
joint authorship copyright shall subsist during the Works
work
the case
during the joint authors.
fifty years after his death,
term
the author who first dies and for
longer.
period
last,
the
whichever
who
dies
the author
joint authorship some one
the joint
more
work
the case
Where
Act,
copyright
conferring
Work
satisfy
the
this
down
laid
conditions
the
not
authors
life
life
�(
14
)
shall be treated for the purposes of this Act as if the other author or authors had been the
Sole author or authors thereof.
Collective
works.
20. Where the work of an author is first published as an article or other contribution
work (that is to say):
(a) an encyclopædia, dictionary, year book, or similar work ;
(b) a newspaper, review, magazine, or other similar periodical :
work written
distinct parts
different authors;
any assignment
and the proprietor
the collective work
not
virtue
this Act
contribution, then, subject
any
thereunder the owner
the copyright
the article
agreement
the contrary, the owner
the copyright
each article
contribution shall
retain his copyright therein, but the proprietor
the collective work shall
times
reproducing and authorising the reproduction
whole, and
have the right
the work
fifty years from the date
for period
first publication
the collective work shall
reproducing and authorising the reproduction
have the sole right
the work
Whole, and shall
respect
entitled
the same remedies
the infringement
the
copyright
any part
the work
were the owner
the copyright.
.
to
or
of
all
of
of
of
of
as
a
of
in
he
if
of
in
or
a
is of
is
it
if
in in
if
in
is
in
in
a
be in
an
article, not being
21. Notwithstanding anything
this Act,
tale
serial story,
newspaper, may
reproduced
first published
another newspaper
notice expressly
forbidding reproduction
not published
some conspicuous part
the newspaper
acknowledged
which
first published, and
the source from which
taken
so
as
it
is
Provisions
to newS
papers.
as
to
be
of
of
of
of
a
as
a at
of
or
in
of
to
or
of
by
in
of
of
a
in
is by
a collective
(c)
in
Such other newspaper.
shall for
a
of
photograph
the taking
the photograph.
and directs
the author
of
deemed
be
to
be
superintends
byso
be
to
or
be
to
as
a
be
of
as
be
to
or
of
to
of
designs capable
being registered under the
23. (1) This Act shall not apply
being
Patents and Designs Act, 1907, except designs which, though capable
multiplied
registered, are not used
patterns
intended
used
models
any industrial process.
(2) General rules under section eighty-six
the Patents and Designs Act, 1907, may
design shall
made for determining the conditions under which
deemed
used
for such purposes
aforesaid.
be
graphs.
Provisions as
to designs
registrable
under
7 Edw. 7,
c. 29.
22. The person who
the purposes
this Act
of
Provisions as
to photo
to to
in
to
if
it
or
to
or
of
no
to
a
be
as
he
in
a
in
in
of
is
in
to to
or
of
any person
immediately before the commencement
this Act
any work specified
the first column
the First Schedule
this
Act,
right,
any interest
such
shall
from that date
entitled
the
Corresponding right set forth
the second column
that Schedule,
the same interest
corresponding right, and
interest, and such corresponding
such
other right
right shall subsist for the term for which
would have subsisted
this Act had been
copyright
force
the date when the work was made, and the work had been one entitled
thereunder
24. (1) Where
any right
entitled
:
at
Provided that
of
in
in
of
any work
the author
which any right specified
the first column
the First Schedule to this Act subsists at the commencement of this Act has
of
of by
of
in
be
at
be
at
so ;
of
to
in
of
at
of
or
granted any interest therein for the
before that date assigned the right
whole term
the right, then
the date when but for the passing
this
Act the right would have expired the corresponding right conferred
this
express agreement, pass
section shall,
the absence
the author
the
work, and any interest therein created before the commencement
this Act
and then subsisting shall determine
but the person who immediately before
the date
which the right would
have expired was the owner
the right
writing not more
signified
interest shall
entitled
his option (to
than one year nor less than six months before the last-mentioned
date)
or
either
of
or
to or
a
of
;
to
on
as
in
or
therein
by
of or
be of
of
an
to
assignment
the right
the grant
similar interest
for the remainder
the term
the right for such consideration
as, failing agreement, may
determined
arbitration
grant,
reproduce
(ii) without any such assignment
continue
perform the work
like manner
theretofore
the payment
such
(i)
(a)
if
works.
in
Existing
�)
as,
15
of
:
in
:
be
failing agreement, may
to the author
determined
arbitration
(b) nothing
this section shall affect anything done before the commencement
this Act
royalties
by
(
or
be or by
or
or
of
by
be
by
of
to
as
of
in
to
in of
of
to
of
of
or
in
or
of
of
be
or
by
of
:
by
to
as,
to
of
at
or
in
or
in
or
of
a
at
a
or
to
a
of
or
of
of
(c)
July nineteen hundred
where any person has, before the twenty-sixth day
and ten, taken any action
incurred any expenditure for the purpose
performance
with view
the reproduction
work
time when
performance would, but for the passing
such reproduction
this Act,
prejudice any
have been lawful, nothing
this section shall diminish
rights
expenditure
interest arising from
connexion with such action
which are subsisting and valuable
the said date, unless the person who
virtue
this section becomes entitled
restrain such reproduction
failing agreement, may
performance agrees
pay such compensation
determined
arbitration
making and authorising the making
records, perforated
(d) the sole right
rolls,
other contrivances
means
which literary, dramatic,
musical
mechanically performed shall not
enjoyed
works may
the owner
any literary, dramatic,
the copyright
musical work for the mechanical
performance
which any such contrivances have been lawfully made within
any person
the parts
His Majesty's dominions
which this Act extends
July nineteen hundred and ten.
before the twenty-sixth day
copyright under the Copyright Act,
(2) Subject
the provisions
this Act
1775, copyright shall not subsist
any work made before the commencement
this
Act, otherwise than under and
accordance with the provisions
this section.
to
Application
British Possessions.
be
to
at
no
by
of
:
at
in
to
as
a
of
of
is
in
so
by
by
to
of
to
or
to
of
in in
by
be
as
of
in at
of
at
(if
self
of
a
it
if
as
to
in
be
to
are
as
In
in
authors who
the time
the making
the work were British
subjects resident elsewhere than
who, not being British subjects,
that Dominion,
were
such time residents within the parts
His Majesty's dominions
which this
Council, direct that this Act, except such
Act extends, His Majesty, may,
Order
parts
any) thereof
may
specified
any conditions
the Order, and subject
for the works
.
Legislative
powers
e
or
to
in
to
or
by
of
of
far
operative within that Dominion
Provided that
such repeal
shall prejudicially affect any legal rights existing
the time
the repeal.
any self-governing
(2)
Dominion
which this Act does not extend, the
they are operative
enactments repealed
this Act shall,
far
that Dominion,
continue
force until repealed
the Legislature
that Dominion.
self-governing
(3) Where His Majesty
Council
satisfied that the law
Dominion
which this Act does not extend, and which has not passed legislation
substantially identical with this Act, provides adequate protection within the Dominion
so
they
to
ºf
by or or
by
as
or
of
as
or
of
or
to
or to
of
any self-governing Dominion may
any time repeal
26. (1) The Legislature
(including this
any
copyright passed
the enactments relating
Parliament
or
all
Act)
*.
in
by
of
to
of
If
to
to
or
be
to
of
a
in to
it
to
as
of
25.-(1) This Act, except such
the provisions thereof
are expressly restricted Application
the United Kingdom, shall extend throughout
His Majesty's dominions: Provided
Act
self-governing Dominion, unless declared
that
shall not extend
the Legislature
additions,
that Dominion
force therein either without any modifications
procedure and remedies
with such modifications and additions relating exclusively
adapt this Act
may
..necessary
the circumstances
the Dominion
enacted
such Legislature.
(2)
the Secretary
State certifies
notice published
the London Gazette
that any self-governing Dominion has passed legislation substantially identical with this
Act, except for the omission
any provisions which are expressly restricted
the
adapt
United Kingdom,
for such modifications
are verbal only,
are necessary
procedure
the Act
the circumstances
the Dominion,
relate exclusively
remedies
works first published within
the authors whereof are residents
the
Dominion, then whilst such legislation continues
force, the Dominion shall for the
purposes
the rights conferred
this Act
treated
were
Dominion
which
this Act extends.
�(
)
16
contained therein, shall, within the parts of His Majesty's dominions to which this Act
extends, apply to works the authors whereof were at the time of the making of the work
Dominion, and that copyright subsisting by virtue
residents within the first-mentioned
of this Act in any work shall not cease by reason of the work being first published in
that Dominion ; but, save as provided by such an order, works the authors whereof were
residents in a Dominion to which this Act does not extend, and which has not passed
legislation
substantially
identical with this Act, shall not, whether they are British
Subjects or not, be entitled to any protection under this Act :
Provided that no such Order shall confer any rights within a self-governing
Dominion, but the Governor in Council of any self-governing Dominion to which this
Act extends, may by Order, confer within that Dominion the like rights as His Majesty
in Council is under the foregoing provisions of this subsection authorised to confer
within other parts of His Majesty's dominions.
to
by
of
to
in
to
in
lation.
Application
at
as
so
to
pass supple
mental legis-
to
its
27. The Legislature of any British possession to which this Act extends may modify
application
or add to any of the provisions of this Act in
the possession, but,
except
procedure and remedies, they
far
such modifications and additions relate
shall apply only
works the authors whereof were
the time
the making
the
work residents
the possession and
works first published
the possession.
of
*.
Power of
Pºslºes
of
or of
on
it
to
to
if
as
to
to
in
any territories under
28. His Majesty may
Order
Council extend this Act
Cyprus, and
any such Order this Act shall have
his protection and
the making
applies
Cyprus were part
effect
the territories
which
His Majesty's
dominions to which this Act extends.
protectorates.
PART II.
by
INTERNATIONAL
COPYRIGHT.
in
or
y
in
be
as
if
the
in
like
His Majesty s
relates
relates,
the Order, this
of
:
to
of
;
of
like
Majesty s
His
of
to
;
a
in
to if
to
as
of
in
a
to
in
if
to
as of
in
foreign country
residence
which the Order
such residence were residence
the parts
which this Act extends
and
foreign country
works first published
which the Order
they were first published within the parts
manner
dominions
which this Act extends
and thereupon, subject
the provisions
this Part
this Act, and
Act shall apply accordingly
(c)
respect
manner
dominions
in
(b)
;
if
in
of
of
at
to
a
of
citizens.
as or
to
authors whereof were
the time
the making
the work subjects
foreign country
which the order relates,
like manner
authors were British subjects
and
Provided that
of
in
or
by
of
by
is
so
as
of
of
to
in as
of
to
of
as
of
to
Order:
-
of of
by
to
be
as
(if
be
in
(iv) the Order
Council may provide that the enjoyment
subject
this Act shall
the accomplishment
any)
may
prescribed
formalities
the Order:
by
to
to
it
as
of
in
I.
of
of
to
if
to
be
in
an
respect
any foreign
before making
Order
Council under this section
country His Majesty shall
satisfied that that foreign country has made,
make, such provisions,
any,
appears
has undertaken
His Majesty
expedient
require for the protection
persons entitled
copyright under
the provisions
Part
this Act:
copyright within such parts
(ii) the Order
Council may provide that the term
His Majesty's dominions
aforesaid shall not exceed that conferred
the
law
the country
which the Order relates:
copies
(iii) the provisions
this Act
the delivery
books shall not apply
provided
works first published
such country, except
far
the
-
(i)
to
Power to
29. (1) His Majesty may
Order
Council direct that this Act (except such
parts,
any, thereof
may
specified
extend Act
the Order) shall apply
foreign works.
literary, dramatic, musical, and artistic works,
any class thereof, the
(a)
the rights conferred
such conditions and
�(
)
17
(v) in applying the provisions of this Act as to existing works the Order in Council
may make such modifications
as appear necessary, and may provide that
nothing in those provisions as so applied shall be construed as reviving any
right of preventing the production or importation of any translation in any
case where the right has ceased by virtue of section five of the International
-
named or described therein.
the several
countries
an
all
Copyright Act, 1886.
(2) An Order in Council under this section may extend to
*ºn
or
in
all
all
by
it.
is
in
as
byif
or
of
is
or of
of
in
of
to
or in
a
of
or
a
a
or
of
of
as
be
or
a
of of
a
by
of
of
an
of
in
to
is
in
it
necessary
prove the existence
foreign country
30. Where
which
Evidence
any work,
copy
Order
Council under this Part
this Act applies
the copyright
the
ownership
register,
certificate,
such right,
extract from
other document
stating the existence
such right,
the person who
the owner
such right,
authenticated
the official seal
Minister
State
the said foreign country,
the official seal
the signature
British diplomatic
consular officer acting
such
country, shall
admissible
evidence
the facts named therein, and
courts shall
every such official seal and signature
take judicial notice
this section mentioned,
evidence, without proof, the documents authenticated
and shall admit
...
...
to
e
to
it
in
to
to
in
of
31-(1) An Order
Council under this Part
this Act shall apply
His Application
Majesty's dominions
except
self-governing
any
which this Act extends
Dominions and
appears - His Majesty
other possession specified
the order with respect
which
of
to
to as
of
of
-
to
to
so
to
in
or
to
a
it
be
to
to
of it
by
of
is
as
of
to
is
in
as
in
of
expedient that the Order should not apply.
any self-governing
(2) The Governor
Council
Dominion
which this Act
respects that Dominion, make the like orders
extends may,
under this Part
this
Act His Majesty
Council
authorised
make with respect
His Majesty's dominions
other than self-governing Dominions, and the provisions
this Part
this Act shall,
with the necessary modifications, apply accordingly.
appears
except from the provisions
any
(3) Where
His Majesty expedient
self-governing
order any part
his dominions not being
Dominion
shall
lawful
any other Order
for His Majesty
the same
Council
declare that such order and
this Part
this Act shall not, and the same shall not, apply
such part, except
far
necessary for preventing any prejudice
any rights acquired previously
the date
of such Order.
PART
III.
SUPPLEMENTAL
PROVISIONS.
*
9
or byor in
of
as
in
for
in
or
º
if
as
is
it
in
be
as
in
of
be
in
as be
of
at
or
or
in
in
of
or
of
or
to
be
copyright
any similar right
any literary, Abrogation
32. No person shall
entitled
dramatic, musical,
artistic work otherwise than under and
accordance with the ºmon law
provisions
any other statutory enactment
this Act,
the time being
force.
varying Provisions
33.--(1) His Majesty
Council may make Orders for altering, revoking,
1Il
any Order
Council made under this Act,
under any enactments repealed
this Act,
prejudicially
rights
any
any
but
Order made under this section shall not affect
interests
acquired
accrued
the date when the Order comes into operation, and shall provide
for the protection
such rights and interests.
published
(2) Every Order
Council made under this Act shall
the London
may
Gazette and shall
laid before both Houses
Parliament
soon
after
made, and shall have effect
enacted
this Act.
ºy
of
to
of
a
as
of
in
be
to
of
in
in
to
a
be
of
of
of
of
of
the
the
for
at
to is
as
of
on
be
to
53
be
in
library
right
payable
pursuance
any Act
compensation
loss
receive gratuitous copies
books:
library
paid
any year unless the
Provided that this compensation shall not
Treasury are satisfied that the compensation for the previous year has been applied
the
purchase
preserved
books for the use
and
the library.
''
tºº.
or
in
of
of
of
in
34. Nothing
this Act shall deprive any
the universities and colleges mentioned Saving
Act, 1775,
any copyright they already possess
may hereafter
the Copyright
acquire under that Act, but the remedies and penalties for infringement
any such
copyright shall
under this Act and not under that Act.
charged
Saving
35. There shall continue
and paid out
the Consolidated Fund
the United Kingdom such annual compensation
the commencement
this Act ºompensation
..."
*
�(
36,-(1) In
Interpreta
tion.
)
18
requires,
this Act, unless the context otherwise
Literary
includes maps, charts, plans, and tables relative to geography,
and science ;
any piece for recitation,
choreographic
Dramatic work
includes
work or
entertainment in dumb show the scenic arrangement or acting form of which is
production
fixed in Writing or otherwise, and any cinematograph
where the
arrangement or acting form or the combination
of incidents represented give
the work an original character ;
Literary work,
records,
dramatic work, and
musical work
include
perforated rolls, or other contrivances intended for use in connexion with, or to
mechanically
form part
instruments
means
which
work may
performed
painting, drawing, sculpture and artistic
Artistic work includes works
craftsmanship, and architectural works
art and engravings and photographs;
Architectural work
art means any building
structure having
artistic
design,
respect
design, but not
respect
character
such character
the processes
methods
its construction
Engravings
include etchings, lithographs, wood-cuts, prints, and other similar
works, not being photographs
Photograph
any process
includes photo-lithograph
and any . work produced
analogous
photography
Cinematograph
any process analogous
includes any work produced
cinematography
Pirated, when applied
copy
work
which copyright subsists, means
any copy made without the consent
acquiescence
the owner
the copyright,
imported
contravention
the provisions
this Act
copies
Publication
means the issue
the public and does not include the
public
performance
dramatic
musical work, the exhibition
artistic
architecture;
work,
the construction
work
Performance
means any acoustic representation
work and any visual
representation
any dramatic action
work, including such
representation
any mechanical instrument
made by means
Delivery,
lecture, includes delivery
any mechanical
relation
means
instrument
negative
Plate
includes any stereotype
other plate, stone, matrix, transfer,
reproducing copies
any work,
used
intended
used for printing
and any matrix
other appliance
which records, perforated rolls
other
contrivances for the acoustic representation
the work are
are intended
be made
Lecture
includes address, speech, and sermon
Self-governing Dominion means the Dominion
Canada, the Commonwealth
Australia, the Dominion
New Zealand, the Union
South Africa, and
Newfoundland.
work
be
of
an
;
in
or or
of
to
of
a
of
a
of
or
of
by
or
of
of
of
of
;
*
;
to
or
of
or
by
or
to
be
or
a
to
;
of
in
a
of
; in
or
an
of
to
;
of
of
in
of
or a
of or
a
of
or
of
a
in
or
in
of of
a
to
:
"
by
;
to
by
;
or
of
or
in of
of
of
;
a
of
by
of,
topography,
in
to
to
of
in
to
be
is
a
be to
in
it
to
be
in
or
be
is
a
be
of
of
the making
work has extended over
this Act conferring copyright shall
deemed
(4) Where
conditions
to a
in
if
in
of
of
as
in
of
to a
of
in
or
if
in
or
in be
be
to
be
in
to
be
a
or
this Act (other
a of
infringements
than those relating
public, and
published
performed
deemed
public,
published, performed
public,
lecture shall not
deemed
delivered
public, without the consent
acquiescence
delivered
the person entitled
public,
delivery
public.
authorise its publication, performance
purposes
published
(3) For the
this Act
work shall
deemed
first
within
the parts
His Majesty's dominions
which this Act extends, notwithstanding that
has been published simultaneously
some other place, unless the publication
such
parts
His Majesty's dominions
aforesaid
colourable only and
not intended
satisfy the reasonable requirements
the public, and
work shall
deemed
published simultaneously
two countries
the time between the publication
one
such country and the publication
the other country does not exceed fourteen days.
of
(2) For the purposes
copyright), work shall not
considerable period
have been complied
the
with
�(
19
)
if the author was during any substantial part of that period a British Subject or a
resident within the parts of His Majesty's dominions to which this Act extends.
(5) For the purposes of the provisions of this Act as to residence, an author of a
work shall be deemed to be a resident in the parts of His Majesty's dominions to which
this Act extends if he is domiciled within any such part.
º
37. Subject to the provisions of this Act, the enactments mentioned in the Second Repeal.
Schedule to this Act are hereby repealed to- the extent specified in the third column of
that Schedule.
38.-(1)
Short title
be cited as the Copyright Act, 1910.
shall come into operation
January nineteen hundred and
the United Kingdom,
the first day
may
twelve
such earlier date
fixed
order
council
self-governing Dominion
may
which this Act extends,
such date
fixed
the Legislature
that Dominion
any other British possession
which this Act extends,
the proclamation
thereof within the possession
the Governor.
This Act may
of
byto
on
;
at
as
:
in
by
be
as
of to
by
be a
in
(c)
(b)
in
or
in
on
This Act
(a)
(2)
SCHEDULES.
EIRST SCHEDUILE.
EXISTING
Right.
||
defined
by this Act.
Copyright
defined by this Act, except the
perform the work
any
sole right
public.
substantial part thereof
perform the work
public,
The sole right
but none
the other rights comprised
copyright
defined by this Act.
or
to
in
to
Copyright,
in
the
first
-
in
as of
of
For the purposes
this Schedule the following expressions, where used
column thereof, have the following meanings :
in
to
at
at
in
to
of
a
in
of
the case
work which has not been performed
before the commencement
this Act, includes the right
common law
public,
restrain the performance thereof
in
Performing right,
;
to
on
of
a
in
of
the case
work which according
the law
force immediately
before the commencement
this Act has not been published before that date and
statutory copyright wherein depends
publication, includes the right
common
law (if any)
restrain publication
public
(if
any)
,
-
-
right, but not copyright
Copyright
as
-
--
'
Performing
Works.
this Act.
Musical and Dramatic Works.
Both copyright and performing right
Copyright, but not performing right
defined
in
the case
Copyright
by
|
of
In
(b)
Dramatic and Musical
other than
as
Works
Copyright.
as
the case
CorrespondingRight.
of
(a)
In
bºund
RIGHTS.
�(
SECOND
)
20
SCHEDUILE.
ENACTMENTS REPEALED.
Sessionand
Chapter.
18.
Copyright Act, 1734
38.
The Engraving
Copyright Act, 1767
The Sculpture Copyright Act, 1814
-
-
-
The whole Act.
-
The whole Act.
tº
-
-
The Copyright Act, 1842
12.
The International
Vict,
sº
ſº
The whole Act.
Copyright Act, 1844
cº
39
12.
40
36.
Wict.
The International
Vict.
The Customs Consolidation Act, 1876
46
40.
50
33.
52
17.
53
42.
Vict.
Vict.
Compositions)
The Copyright
(Musical
Act, 1882.
The International Copyright Act, 1886
&
Act.
*E* Sections one
six.
section
eight the words and pur
any Act for the
suant
protection
copyright
engravings.
Sections nine
to twelve.
The whole Act.
c.
45
Copyright
(Musical
The Revenue Act, 1889
Compositions)
*
-
sº
to
The whole Act.
Section one, from
published
in that section.
The whole Act.
to
Vict.
18SS.
15.
36.
The Musical (Summary l roceedings) Copy
right Act, 1902.
The Musical Copyright Act, 1906
-
7,
The
Act,
c.
Edw.
--: ,
Vict,
c.
&
c.
Edw.
7,
6
2
c.
t
2
*
&
51
The whole Act.
..
.
c.
49
Section forty-two, from Books
wherein
such copy
right will expire.
Sec
forty-five,
tions forty-four,
and one hundred and fifty
two.
The whole Act.
''
c.
&
39
Copyright Act, 1875
-
c. &
38
-
of
to
C.
The Fine Arts Copyright Act, 1862
The whole
The whole Act.
Copyright Act, 1852
-
c.
&
The International
&
Act, 1847
&
The Colonial-Copyright
The whole Act.
In
45.
16 Wict.
12.
26 Wict.
68.
25
The whole Act.
The whole Act.
Copyright
The Prints and Engravings
(Ireland) Act, 1836.
&= The whole Act.
The Copyright Act, 1836
95.
c.
15
11
gºs
to
6
Vict,
The whole Act.
The Lectures Copyright Act, 1835
-
Will.
The Dramatic Copyright Act, 1833
Sections two, four, and five.
4,
Will.
The whole Act.
4
4,
4,
c.
Will.
110.
Wict.
&
10
15.
*
-
c.
3,
c.
3,
c.
56.
3,
The Prints Copyright Act, 1777
4,
7
59.
57.
c.
3,
6
7
65.
8
5
6
6
& c. & c. & c. &
5
7
Geo.
&
3
54 Geo.
The Copyright Act, 1775
c.
Geo.
wº The whole Act.
ºm
53.
c.
17
7
15
Geo.
Extent of Repeal.
The Engraving
8 Geo. 2, c.
Geo.
Short Title.
The whole Act.
Books first
as provided
�
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Society of Authors Publications
Identifier
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publications
Publication
Date
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1910-07-01
Volume
20
Issue
10
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19100701
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Imperial Copyright Conference 1910: Memorandum of the Proceedings (1910)
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<em>Imperial Copyright Conference 1910: Memorandum of the Proceedings</em> (1910)
Description
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As presented to both Houses of Parliament in July 1910.
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015027638405</a>
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<a href="https://historysoa.com/The-Author-Issues/1910-07-01-The-Author-20-10">Supplement to <em>The Author</em>, Vol. 20 Issue 10</a>
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1910-07-01-Supplement-20-10-Imperial-Copyright-Conference-Report
copyright
international
publications
The Author
-
https://historysoa.com/files/original/4/238/1891-The-Author-1-index.pdf
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Society of Authors Publications
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publications
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1891
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The Society of Authors
Alexander P. Watt
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London
Volume
1
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Index to The Author, Vol. 01 (1891)
Subject
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Index to <em>The Author</em>, Vol. 01 (1891)
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015031017927" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015031017927</a>
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1891-The-Author-1-index
publications
The Author
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Society of Authors Publications
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publications
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1892
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2
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The Society of Authors
Alexander P. Watt
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London
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Index to The Author, Vol. 02 (1892)
Subject
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Index to <em>The Author</em>, Vol. 02 (1892)
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1892-The-Author-2-index
publications
The Author
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https://historysoa.com/files/original/4/264/1895-The-Author-5-index.pdf
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Society of Authors Publications
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publications
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1895
Volume
5
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The Society of Authors
Horace Cox
Location
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London
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Index to The Author, Vol. 05 (1895)
Subject
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Index to <em>The Author</em>, Vol. 05 (1895)
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253</a>
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1895-The-Author-5-index
publications
The Author
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https://historysoa.com/files/original/4/277/1896-The-Author-6-index.pdf
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PDF Text
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Society of Authors Publications
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publications
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1896
Volume
6
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The Society of Authors
Horace Cox
Location
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London
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Title
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Index to The Author, Vol. 06 (1896)
Subject
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Index to <em>The Author</em>, Vol. 06 (1896)
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015013732253</a>
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1896-The-Author-6-index
publications
The Author
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https://historysoa.com/files/original/4/290/1897-The-Author-7-index.pdf
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PDF Text
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Society of Authors Publications
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publications
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1897
Volume
7
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The Society of Authors
Horace Cox
Location
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London
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Index to The Author, Vol. 07 (1897)
Subject
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Index to <em>The Author</em>, Vol. 07 (1897)
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455</a>
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1897
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1897-The-Author-7-index
publications
The Author
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Society of Authors Publications
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publications
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1898
Volume
8
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The Society of Authors
Horace Cox
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London
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Index to The Author, Vol. 08 (1898)
Subject
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Index to <em>The Author</em>, Vol. 08 (1898)
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015049239455</a>
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1898-The-Author-8-index
publications
The Author
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Society of Authors Publications
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1899
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9
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The Society of Authors
Horace Cox
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London
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Index to The Author, Vol. 09 (1899)
Subject
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Index to <em>The Author</em>, Vol. 09 (1899)
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<a href="https://babel.hathitrust.org/cgi/pt?id=njp.32101063829988" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=njp.32101063829988a</a>
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1899-The-Author-9-index
publications
The Author
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https://historysoa.com/files/original/4/475/1900-The-Author-10-index.pdf
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Society of Authors Publications
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publications
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1900
Volume
10
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Horace Cox
The Society of Authors
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London
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Index to The Author, Vol. 10 (1900)
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Index to <em>The Author</em>, Vol. 10 (1900)
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Index
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1900-The-Author-10-index
publications
The Author
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https://historysoa.com/files/original/4/329/1901-The-Author-11-index.pdf
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Society of Authors Publications
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publications
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1901
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11
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The Society of Authors
Horace Cox
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London
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Index to The Author, Vol. 11 (1901)
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Index to <em>The Author</em>, Vol. 11 (1901)
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015006979390" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015006979390</a>
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1901-The-Author-11-index
publications
The Author
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�INDEX
V
PAGE
PAGE
189
117, 146
Fraud , a Common
Free Lance, The Journalistic
Frampton, George, A.R.A.
1
31
Method of the Future
75
197
Morang, George
MSS. , The Handling of
Management of
Postage of
Music, Piracies of Copyright
52
88
9
G.
...
...
...
...
GERMAN Copyright Law
216
63
19
N.
H.
NET Prices
87
230
Heavy Handicap ...
Heineman , W., on the Literary Agent ...
* Hieroglyphics ”
250
Humphreys, Mrs., r. Messrs. Butterworth & Co.
158
Hungary and the Berne Convention ...
Hyde, Dr. Douglas
19
126
190
13
218
and American Pub. Association
172
Net " System
Neufeld r . Chapman and Hall , Limited
...
HAMPSTEAD Annual
Harte, Bret
Nobel Prize
125, 151
44
67
66
I.
INTERNATIONAL Literary and Artistic Copyright
Congress
IO
Irish Literary Revival
125 , 153
J.
...
...
JACOBI, C. T.
0.
OBITUARY :
Besant, Sir W.
Harte, Bret
230
Ormerod , Miss E.
Piccolomini, H. P.
170
31
4
Stockton, F. R.
Temple , Sir R.
Obligations of Art to Trade
O'Grady, Standish
Ormerod , Miss E.
230
162
232
153
4
224
P.
K.
PAGE from a German Publisher's Advertisements
...
KING Alfred School
131
Paris Notes
210
Patchwork Legislation
97
6. Kingdom of Dreams
Kipling v. Putnams
... 20, 67
L.
LEGISLATION, Patchwork
192
· Life,” by S. J. Lucas
Literary Agent, Author and
Literary, Dramatic and Musical
153
...
7
Property
Production in England
Year Book
}
10, 34, 58, 95, 132
16, 39, 62 , 87 , 113 , 139,
167, 188, 216, 242
228
183
219
...
Pension Fund, Soc. of Authors { 3, 31;, 55 , S1,
213, 109; 133,
Performing or Play Rights
Performing Rights at the Cape ...
Piccolomini, Henry Pontet
Piracy, Continental
248
Musical
Plays, The Censorship of
170
63
170
115
199
How to make readable
59
248
Rights
Printing , Standard Rules for 97, 116, 144 , 159, 170, 212 , 245
Production , Cost of
Publisher's and Editor's Delays
Methods and the Society's Action
..39 , 87
Publishing , Advantages of Commission
100, 124
...
M.
1
MACDONALD 0. The “ National Review "
Machen, Arthur
227
250
Meeting, Annual General
179
Members, List of proposed
238
75
63
Q.
91 , 120
QUILTER , Harry, and the Society of Authors
...
Memoranda, General
232
260
70
�INDEX .
vi
PAGE
PAGE
R.
...
RATES, Imperial ...
Reid, Sir Wemyss
190
Society of American Authors
Society of Authors, Legal Advice by
231
Reviewer, An Old to a Young
42
80
Reviewers, Old and Young
Pension Fund
Sprigge, Squire
14 , 123
7
3 , 31 , 55 , 81, 109, 133,
161 , 185, 213, 237
6, 202
Stevenson , R. L. , Visit to Grave of
Reviewing, New Style of
33
132
Rhodes, Cecil
Rice, James
207
Stockton, Frank R.
Street Names, The Changing of
230
105 , 159
203
T.
203
140
...
Richepin, Jean, v. Belasco, David
Right is Might
Rights, Performing
122
TAUCHNITZ Editions
Romantic Germany
233
Roosevelt, President, The Literary side of
Runciman , James, on Literary Business
221
162
Temple, Sir Richard
234
33
Titles
167
Translations, Value of
Tribute to Sir W. Besant. By W. Toynbee ...
244
14
S.
W.
SALES, Remainder
Schoolboys and Literature
140
...
Scott , Sir Walter, his Opinion of Publishers
Season , The Autumn
32
• WHOM THE Gods LOVE." By W. Toynbee
" Woman's Life,” Apology from
165
73
Women Writers' Annual
262
131
199
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
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Society of Authors Publications
Identifier
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publications
Publication
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1903
Volume
12
Publisher(s)
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The Society of Authors
Bradbury, Agnew & Co.
Dublin Core
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Title
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Index to The Author, Vol. 12 (1903)
Subject
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Index to <em>The Author</em>, Vol. 12 (1903)
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<a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015006979390" target="_blank" rel="noopener">https://babel.hathitrust.org/cgi/pt?id=mdp.39015006979390</a>
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Index
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1903-The-Author-12-index
publications
The Author