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                  <text>The Author
( THE ORGAN OF

THE

INCORPORATED

SOCIETY

OF

AUTHORS ).

SUPPLEMENT .

COPYRIGHT ACT ,
[1

2 Geo

&amp;

. 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

.

.

,

&amp;
c

.

Remedies

Importation

.

&amp;
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 , &amp;c .

&amp;
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

&amp;
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

,

&amp;
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

&amp;
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

.

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to

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.

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&amp;
.
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

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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

,

for

in

in of

(

or

to

(3
)

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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

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to

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,

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 .

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.

.

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 "

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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,
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whole Act
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1876

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Act

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.

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36

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The whole Act.

.

, 1836.
The Copyright Act , 1836 .

.

Copyright

Engravings

and

.

Act.
Act .
Act.
Act.

to

Prints

(Ireland ) Act

.

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Act .

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4 , | The
4,

Act , 1835

The Lectures Copyright

Act.

whole
whole
whole
whole
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The
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:

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 &amp; 4 Will .
c. 15.
5 &amp; 6 Will .
c. 65 .
6 &amp; 7 Will .
C. 59 .
6 &amp; 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

.)
;

,

&amp;
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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              <text>&lt;a href="https://babel.hathitrust.org/cgi/pt?id=mdp.39015039402600" target="_blank" rel="noopener"&gt;https://babel.hathitrust.org/cgi/pt?id=mdp.39015039402600&lt;/a&gt;</text>
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              <text>&lt;a href="https://historysoa.com/The-Author-Issues/1912-07-01-The-Author-22-10"&gt;Supplement to &lt;em&gt;The Author&lt;/em&gt;, Vol. 22 Issue 10&lt;/a&gt;</text>
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