LIBRAET OF COIsTGEESS
COPYRIGHT OFFICE
COPYRiaHT m ENGLAND
ACT 1 AND 2 GEO. 5. CH. 46
AN ACT TO AMEND AND CONSOLIDATE
THE LAW RELATING TO COPYRIGHT,
PASSED DECEMBER 16, 1911
INDEXED PRINT
COPYRI&KT OFFICE
Bulletin No. 16
GOV|:^KMENT PRIXUING OFFICE U12
PUBLICATIONS OF THE COPYRIGHT OFFICE.
The following 5 bulletins and circulars have been issued by the Copyright Office and may be had free on request to the Register of Copyrights, Library op Con- gress, Washington, D. C: Bulletin No. 14. '
The Copyright Law of the United States of America, being the 'Act of March 4, 1909 (in force July 1, 1909), together with Rules for Practice and Procedure under Section 25, by the Supreme Court of the United States, iii, 45 pp. 8°. 1912.
Bulletin No. 15.
Rules and Regulations for the registration of claims t<> ropvrifrlit. 27 pp. 8°. 1910. Bulletin No. 16.
Copyright in England. Act 1 and 2 Geo. 5. ch. 46. An Act to amend and consolidate the law relating to copyright, passed December 16, 1911. 54 pp. 8°. 1912. Inform.'VTion Circular No. 4.
International Copyright Convention. Berne, 1886, and Amendments agreed to at Paris, 1896. 15, pp. 4°. Information Circular, No. 4 A.
International Copyright Convention. Revised text, Berlin, 1908. 12 pp. 4°.
The following publications were issued in limited editions, but may be had (so far as any are still available) from the Superintendent op Documents, Washing- ton, D. C., upon pajonent of the nominal price given, whicli inchides postage.
Postal money orders or drafts should be made payable and addressed to the Super- intendent OP Documents. Stamps and uncertified checks are not accepted.
Bulletin No. 3. Paper, 15c.; cloth, 35c.
Copyright Enactments of the United States, 1783-1906. 2d ed., rev. 174 pp. 8°. 1906. Bulletin No. 6. Paper, 10c.
Copyright in Canada and Newfoundland. 1-|-126 pp. 8°. 1903. Bulletin No. 7. Paper, 5c.
Foreign Copyright Laws. A list of foreign copyright laws now in force, with citations of printed texts and translations, etc. 86 pp. 8°. 1904. Bulletin No. 8. Cloth, 65c.
Copyright in Congress, 1789-1904. A bibliography, and chronological record of all proceedings in Congress in relation to copyright. 468 pp. 8°. 1905. Bulletin No. 9. Paper, 5c.
The Provisions of the United States Copyright Laws with a summary of some parallel pnn'isions of the copyright laws of foreign countries. 51 pp. 4°. 1905. Bulletin No. 11. Paper, 10c.
Copyright in Japan. Law of March 3, 1899, and copyright convention between the tJnited States and Japan. May 10, 1906, together with the text of earlier enact- ments. v-f50pp. 8°. 1906. Bulletin No. 12. Paper, 15c.
The Copyright bill (S. 6330; H. R. 19853) compared with copyright 8tatute« now in force and earlier copyright enactments. 86 pp. 4°. 1906. Bulletin No. 13. Paper, 10c.
International Copyright Union. Berne convention, 1886; Paris convention, 1896; Berlin convention, 1908. Report of [Thorvald Solberg] the delegate of the United States to the International conference for the revision of the Berne Copy- right Convention, held at Berlin, Germany, October 14 to November 14. 1908. 69 pp. 4°. 1908. Report on Copyright Legislation, by the Register of Copyrights, with list of United States copyright laws. Revised Statutes relating to copyrights, with subsequent enactments, and list of foreign copyright laws. 159 pp. 8°. 1904. Cloth, 30c-. Note. — Bulletins Nos. 1, 2, 4, and 5 have been superseded; Bulletin No. 10 is exhausted.
LIBRARY OF COISTGRESS
COPYRIGHIT OFFICE
LoYx^on, S+^V.o^e-Ts' {lomp^*^^- Cof^r.'^ O-ff'
iCOPYRiaHT IN ENGLANIJ.
ACT 1 AND 2 GEO. 5. CH. 46
AN ACT TO AMEND AND 'CONSOLIDATE
THE LAW RELATING TO COPYRIGHT,
PASSED DECEMBER 16, 1911
CQ.
INDEXED PRINT
COPYRia-HT OFFICE
Bulletin No. l 6
WASHINGTON
GOVERNMENT PRINTING OFFICE
1912
AV<
Digitized by the Internet Archive
in 2007 with funding from
IVIicrosoft Corporation
http://www.archive.org/details/copyrightinenglaOOstatiala
CONTENTS.
Page.
Prefatory note 5
Copyright act, 1911 : 1 and 2 Geo. 5, chap. 46 7
Addenda — ^Previous Copyright Acts not Repealed.
i
Fine Arts Copyright Act, 1862: 25 and 26 Vict., chap. 68, sees. 7 and 8 37
Customs Consolidation Act, 1876: 39 and 40 Vict., chap. 36, sec. 42 39
Musical (Summary Proceedings) Copyright Act, 1902: 2 Edw. 7, chap. 15 40
Musical Copyright Act, 1906: 6 Edw. 7, chap. 36 41
Index 45
3
PREFATORY NOTE.
The new copyright act of Great Britain was passed on December 16, 1911. It is a most important piece of copyright legislation and has been awaited with eager and widespread interest.
It is to come into operation in the United Kingdom on July 1, 1912, or on such earlier date as may be fixed by Order in Council. The act will also come into effect in the case of the British posses- sions by action of the legislative body or a governor's proclamation.
As addenda have been added such previous copyright statutes as are not repealed by the new act.
Thorvald Solberg, Register of Copyrights.
April 22, 1912.
COPYRIGHT ACT, 191 1
[1 and 2 Geo. 5. Ch; 46.]
ARRANGEMENT OF SECTIONS.
PARTI. IMPERIAL COPYRIGHT.
RIGHTS.
Section.
1. Copyright.
2. Infringement of copyrights
3. Term of copyright.
4. Compulsory licences.
5. Ownership of copyright, &c.
CIVIL REMEDIES.
6. Civil remedies for infringement of copyright.
7. Rights of owner against persons possessing or dealing with infringing copies, &c.
8. Exemption of iimocent infringer from liability to pay damages, &c.
9. Restriction on remedies in the case of architecture.
10. Limitation of actions.
SUMMARY REMEDIES.
11. Penalties for dealing with infringing copies, &c.
12. Appeals to quarter sessions. *
13. Extent of provisions as to summary remedies.
IMPORTATION OP COPIES.
14. Importation of copies.
DELIVERY OP BOOKS TO LIBRARIES.
15. Delivery of copies to British Museum and other libraries.
SPECIAL PROVISIONS AS TO CERTAIN WORKS.
16. Works of joint authors.
17. Posthumous works.
18. Provisions as to Government pubUcations.
19. Provisions as to mechanical instruments.
20. Provision as to political speeches.
21. Provisions as to photographs.
22. Provisions as to designs registrable under 7 Edw. 7. c. 29.
23. Works of foreign authors first published in parts of His Majesty's dominions to
which Act extends.
24. Existing works.
7
8 COPYRIGHT IN ENGLAND.
APPLICATION TO BRITISH POSSESSIONS.
Section.
25. Application of Act to British Dominions.
26. Legislative powers of self-governing Dominions.
27. Power of Legislatures of British possessions to pass supplemental legislation.
28. Application to protectorates.
PART II.
INTERNATIONAL COPYRIGHT.
29. Power to extend act to foreign works.
30. Application of Part II. to British possessions.
PART III. SUPPLEMENTAL PROVISIONS.
31. Abrogation of common law rights.
32. Provisions as to Orders in Council.
33. Saving of university copyright.
34. Saving of compensation to certain libraries.
35. Interpretation.
36. Repeal.
37. Short title and commencement. Schedules.
1 & 2 Geo. 5. Ch. 46.
COPYRIGHT ACT, 1911.
CHAPTER 46.
AN ACT to amend and consolidate the Law relating to Copyright." 5 [16th December 1911.]
Be it enacted by the King^s most Excellent Majesty, hy and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assemhled, and hy the authority of the same, as follows:
10
Part I. BIPERIAL COPYRIGHT.
RIGHTS.
1. (1) Subject to the provisions of this Act, copyright shall subsist throughout the parts of His Majesty's 15 dominions to which this Act extends for the term herein- after mentioned in every original literary dramatic musical and artistic work, if —
(a) in the case of a published work, the work was first published within such parts of His Majesty's 20 dominions as aforesaid; and
(&) in the case of an unpublished work, the author was
at the date of the making of the work a British
subject or resident within such parts of His
Majesty's dominions as aforesaid;
25 but in no other works, except so far as the protection
conferred by tliis Act is extended by Orders in Council
thereunder relating to self-governing dominions to which
this Act does not extend and to foreign countries.
(2) For the purposes of tliis Act, "copyright" means
30 the sole right to produce or reproduce the work or any
substantial part thereof in any material form whatsoever,
to perform, or in the case of a lecture to deliver, the work
or any substantial part thereof in pubhc; if the work is
39703°— 12 2 9
Copyright secured.
Copyright defined.
10
COPYRIGHT IN ENGLAND.
Publication defined.
Infringement of copyright.
Acts which do not Infringe copyright.
unpublished, to publish the work or any substantial part thereof; and shall include the sole right, —
(a) to produce, reproduce, perform, or publish any
translation of the work; (&) in the case of a dramatic work, to convert it into a 5 novel or other non-dramatic work;
(c) in the case of a novel or other non-dramatic work,
or of an artistic work, to convert it into a dra- matic work, by way of performance in public or otherwise; 10
(d) in the case of a literary, dramatic, or musical
work, to make any record, perforated roll, cine- matograph film, or other contrivance by means of which the work may be mechanically per- formed or delivered, 15 and to authorise any such acts as aforesaid.
(3) For the purposes of this Act, publication, in rela- tion 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 20 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 pho- tographs and engravings of works of sculpture and archi- tectural works of art shall not be deemed to be publication 25 of such works.
2. (1) Copyright in a work shall be deemed to be infringed by any person who, without the consent of the owner of the copyright, does anything the sole right to do which is by this Act conferred on the owTier of the copy- 30 right: Provided that the following acts shall not consti- tute an infringement of copyright:
(i) Any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper summary: 35
(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 40 or imitate the main design of that work: (iii) The making or publishing of paintings, drawings, engravings, or photographs of a work of sculp- ture or artistic craftsmanship, if permanently situate in a public place or building, or the 45
COPYRIGHT ACT, 1911: SEC. 2. J.1
making or publishing of paintings, drawings, engravings, or photographs (which are not in the nature of architectural drawings or plans) of any architectural work of art: 5 (iv) The pubHcation in a collection, mainly composed of non-copyright matter, bon&, fide intended for the use of schools, and so described in the title and in any advertisements issued by the pubUsher, of short passages from published lit- 10 erary works not themselves published for the
use of schools in which copyright subsists : Pro- vided that not more than two of such passages from works by the same author are pubhshed by the same publisher within five years, and 15 that the source from which such passages are
taken is acknowledged : (v) The pubUcation in a newspaper of a report of a lecture delivered in public, unless the report is prohibited by conspicuous written or printed 20 notice afiixed before and maintained during the
lecture at or about the main entfance of the building in which the lecture is given, and, except whilst the building is being used for pubUc worship, in a position near the lecturer; 25 but nothing in this paragraph shall affect the
provisions in paragraph (i) as to newspaper summaries: (vi) The reading or recitation in pubhc by one person of any reasonable extract from any pubhshed 30 work.
(2) Copyright in a work shall also be deemed to be Acts which infringed by any person who — right.^^ "*^^
(a) sells or lets for hire, or by way of trade exposes or offers for sale or hire; or 35 (jb) distributes either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or
(c) by way of trade exhibits in public ; or
(d) imports for sale or hire into any part of His Ma- 40 jesty's dominions to which this Act extends,
any work which to his knowledge infringes copyright or would infringe copj^right if it had been made within the part of His Majesty's dominions in or into which the sale or hiring, exposure, offering for sale or hire, distribution, 45 exhibition, or importation took place.
12
COPYRIGHT IN ENGLAND.
Term of copy- right.
Compulsory licences.
(3) Copyright in a work shall also be deemed to be infringed by any person who for his private profit permits a theatre or other place of entertainment to be used for the performance in pubhc of the work without the consent of the owner of the copyright, unless he was not aware, 5 and had no reasonable ground for suspecting, that the performance would be an infringement of copyright.
3. The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the hfe of the author and a period of fifty years after his 10 death :
Provided that at any time after the expiration of twenty-five years, or in the case of a work in which copy- right subsists at the passing of this Act thirty years, from the death of the author of a published work, copyright 15 in the work shall not be deemed to be infringed by the reproduction of the work for sale if the person reproducing the work proves that he has given the prescribed notice in writing of his intention to reproduce the work, and that he has paid in the prescribed manner to, or for the 20 benefit of, the owner of the copyright royalties in respect of all copies of the work sold by him calculated at the rate of ten per cent, on the price at which he pubHshes the work; and, for the purposes of this proviso, the Board of Trade may make regulations prescribing the mode in 25 "which notices are to be given, and the particulars to be given in such notices, and the mode, time, and frequency of the payment of royalties, including (if they think fit) regulations requiring payment in advance or otherwise securing the payment of royalties. 30
4. If at any time after the death of the author of a literary, dramatic, or musical work which has been pub- lished or performed in public a complaint is made to the Judicial Committee of the Privy Council that the owner
of the copyright in the work has refused to republish or 35 to allow the republication of the work or has refused to allow the performance in public of the work, and that by reason of such refusal the work is withheld from the pubhc, the owner of the copyright may be ordered to grant a licence to reproduce the work or perform the 40 work in pubhc, as the case may be, on such terms and subject to such conditions as the Judicial Committee may think fit.
COPYRIGHT ACT, 1911: SEC. 5.
13
5. (1) Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein: Provided that —
(a) where, in the case of an engraving, photograph, or 5 portrait, the plate or other original was ordered
by some other person and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement to the contrary, the person by whom such plate or other original 10 was ordered shall be the first owner of the copy-
right; and (6) where the author was in the employment of some other person under a contract of service or apprenticeship and the work was made in the 15 course of his employment by that person, the
person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a 20 newspaper, magazine, or similar periodical, there
shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, maga- 25 zine, or similar periodical.
(2) The owner of the copyright in any work may assign the right, either wholly or partially, and either generally or subject to limitations to the United Kingdom or any self-governing dominion or other part of His 30 Majesty's dominions to which this Act extends, and either for the whole term of the copyright or for any part thereof, and may grant any interest in the right by licence, but no such assignment or grant shall be valid unless it is in writing signed by the owner of the right in 35 respect of which the assignment or grant is made, or by his duly authorized agent:
Provided that, where the author of a work is the first owner of the copyright therein, no assignment of the copyright, and no grant of any interest therein, made by 40 him (otherwise than by will) after the passing of this Act, shall be operative to vest in the assignee or grantee any rights with respect to the copyright in the work beyond the expiration of twenty-five years from the death of tha author, and the reversionary interest in the copyright 45 expectant on the termination of that period shall, on the
Ownership of copyright, etc.
Engraving, photograph, or portrait.
Person who employs au- thor, etc.
Assignment of copyright.
Copyright not assignable beyond 25 years after author's death.
14
COPYRIGHT IN ENGLAND.
Divided own- ersliip.
death of the author, notwithstandmg any agreement to the contrary, devolve on his legal pe^^onal representatives as part of his estate, and any agree^nent entered into by him as to the disposition of such reversionary interest shall be null and void, but nothing in this proviso shall be 5 construed as applying to the assignment of the copy- right in a collective work or a licence to publish a work or part of a work as part of a collective work.
(3) Where, under any partial assignment of copyright, the assignee becomes entitled to any right comprised in 10 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.
15
CIVIL REMEDIES.
Civil reme- dies for infringe- ment of copy- right.
FrimA facie ownership, etc.
Author as stated on work.
Publisher, when author's name is not printed.
6. (1) Where copyright in any work has been in- fringed, the owner of the copyright shall, except as other- wise provided by this Act, be entitled to all such remedies 20 by way of injunction or interdict, damages, accounts, and otherwise, as are or may be conferred by law for the in- fringement of a right.
(2) The costs of all parties in any proceedings in re- spect of the infringement of copyright shall be in the 25 absolute discretion of the Court.
(3) In any action for infringement of copyright in any work, the work shall be presumed to be a work in which copyright subsists and the plaintiff shall be presumed to be the owner of the copyright, unless the defendant puts 30 in issue the existence of the copyright, or, as the case may be, the title of the plaintiff, and where any such question
is in issue, then —
(a) if a name purporting to be that of the author of the
work is printed or otherwise indicated thereon 35 in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the author of the work; (h) if no name is so printed or indicated, or if the name 40 so printed or indicated is not the author's true name or the name by which he is commonly
, known, and a name purporting to be that of the
publisher or proprietor of the work is prmted or otherwise indicated thereon in the usual mamier, 45
COPYRIGHT ACT, 1911 : SEC.
15
the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the owTier of the copyright in the work for the purposes of proceedings in respect of the 5 infringement of copyright therein.
7. All infringing copies of any work in which copyright subsists, or of any substantial part thereof, and all plates used or intended to be used for the production of such in- fringing copies, shall be deemed to be the property of the
10 owner of the cop\Tight, who accordingly may take pro- ceedings for the recovery of the possession thereof or in respect of the conversion thereof.
8. Where proceedings are taken in respect of the in-- fringement of the copyright in any work and the defend-
15 ant in his defence alleges that he was not aware of the existence of the copyright in the work, the plaintiff shall not be entitled to any remedy other than an injunction or interdict in respect of the infringement if the defendant proves that at the date of the infringement he was not
20 aware and had no reasonable ground for suspecting that copyright subsisted in the work.
9. (1) Where the construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work has been
25 commenced, the owner of the copyright shall not be entitled to obtain an injunction or interdict to restrain the construction of such building or structure or to order its demolition.
(2) Such of the other provisions of this Act as provide
30 that an infringing copy of a work shall be deemed to be the property of the owner of the copyright, or as impose sunmiary penalties, shall not apply in any case to which this section applies.
10. An action in respect of infringement of copyright 35 shall not be commenced after the expiration of three
years next after the infringement.
Rights of owner against persons possess- ing or dealing with infringe- ing copies, etc.
Exemption of innocent in- fringer from liability to pay damages, etc.
Restriction on remedies in the case of architec- ture.
Limitation of actions.
SUMMARY REMEDIES.
11. (1) If any person knowingly — (a) makes for sale or hire any infringing copy of a 40 work in which copyright subsists; or
(&) sell or lets for hire, or by way of trade exposes or
offers for sale or hire any infringing copy of any
such work; or
Penalties for dealing with in- fringing copies, etc.
16
COPYRIGHT IN ENGLAND.
2 Edw. 7. c. 15. 6 Edw. 7. c. 36.
Appeals to quarter sessions.
Extent of pro- visions as to Bummary rem- edies.
(c) distributes infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or id) by way of trade exhibits in public any infringing 5
copy of any such work; or (e) imports for sale or hire into the United Kingdom any infringing copy of any such work: he shall be guilty of an offence under this Act and be liable on sunmiary conviction to a fine not exceeding 10 forty shillings for every copy dealt with in contraven- tion of this section, but not exceechng fifty pounds in respect of the same transaction; or, in the case of a second or subsequent offence, either to such fine or to imprisonment with or without hard labour for a term not 15 exceeding two months.
(2) If any person knowingly makes or has in his posses- sion any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be 20 performed in pubhc without the consent of the owner of the copyright, he shall be guilty of an offence under this Act, and be hable on summary conviction to a fine not exceeding fifty pounds, or, in the case of a second or subsequent offence, either to such fine or to imprison- 25 ment with or without hard labour for a term not exceeding two months.
(3) The court before which any such proceedings are taken may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the 30 possession of the alleged offender, which appear to it to be infringing copies or plates for the purpose of making infringing copies, be destroyed or dehvered up to the owner of the copyright or otherwise dealt with as the court may think fit. 35
(4) Nothing in this section shall, as respects musical works, affect the provisions of the Musical (Summary Proceedings) Copyright Act, 1902, or the Musical Copy- right Act, 1906.
12. Any person aggrieved by a summary conviction of 40 an offence under the foregoing provisions of this Act may
in England and Ireland appeal to a court of quarter sessions and in Scotland under and in terms of the Summary Jurisdiction (Scotland) Acts.
13. The provisions of this Act with respect to summary 45 remedies shall extend only to the United Kingdom.
COPYRIGHT ACT, 1911: SEC. 14.
17
IMPORTATION OF COPIES.
14. (1) Copies made out of the United Kingdom of any work in which copyright subsists which if made in the United Kingdom would infringe copyright, and as to 5 which the owner of the copyright gives notice in writing by liimself or his agent to the Commissioners of Customs and Excise, that he is desirous that such copies should not be imported into the United Kingdom, shall not be so imported, and shall, subject to the provisions of this 10 section, be deemed to be included in the table of prohi- bitions and restrictions contained in section forty-two of the Customs Consolidation Act, 1876, and that section shall apply accordingly.
(2) Before detaining any such copies or taking any 15 further proceedings with a view to the forfeiture thereof
under the law relating to the Customs, the Commissioners of Customs and Excise may require the regulations under this section, whether as to information, conditions, or other matters, to be comphed with, and may satisfy 20 themselves in accordance with those regulations that the copies are such as are proliibited by this section to be imported.
(3) The Commissioners of Customs and Excise may make regulations, either general or special, respecting the
25 detention and forfeiture of copies' the importation of wliich is proliibited by this section, and the conditions, if any, to be fulfilled before such detention and forfeiture, and may, by such regulations, determine the information, notices, and security to be given, and the evidence requi-
30 site for any of the purposes of this section, and the mode of verification of such evidence.
(4) The regulations may apply to copies of all works the importation of copies of which is proliibited by tliis section, or different regulations may be made respecting
35 different classes of such works.
(5) The regulations may provide for the informant reimbursing the Commissioners of Customs and Excise all expenses and damages incurred in respect of any deten- tion made on his information, and of any proceedings
40 consequent on such detention ; and may provide for notices under any enactment repealed by this Act being treated as notices given under this section.
(6) The foregoing provisions of this section shall have effect as if they were part of the Customs Consolidation
39703°— 12 3
Importation of copies.
39 & 40 Vict c. 36.
Regulations by Commis- sioners of Cus- toms.
\.
18
COPYRIGHT IN ENGLAND.
Act, 1876: Provided thai, notwithstanding anything in that Act, the Isle of Man shall not be treated as part of the United Kingdom for the purposes of this section.
(7) This section shall, with the necessary modifications, apply to the importation into a British possession to which tliis Act extends of copies of works made out of that possession.
Delivery of copies to British Museum and other libraries.
British Mu- seum copies.
10
Katlonal Li- brary of Wales.
DELIVERY OF BOOKS TO LIBRARIES.
15. (1) The publisher of every book published in the United Kingdom shall, within one month after the publi- cation, deliver, at his own expense, a copy of the book to the trustees of the British I\Iuseum, who shall give a written receipt for it.
(2) He shall also, if written demand is made before the expiration of twelve months after publication, deliver 15 within one month after receipt of that written demand or,
if the demand was made before publication, within one month after publication, to some depot in London named in the demand a copy of the book for, or in accordance with the directions of, the authority having the control of 20 each of the following libraries, namely: the Bodleian Library, Oxford, the University Library, Cambridge, the Library of the Faculty of Advocates at Edinburgh, and the Library of Trinity College, Dublin, and subject to the provisions of this section the National Library of 25 Wales. In the case of an encyclopaedia, newspaper, review, magazine, or work published in a series of num- bers or parts, the written demand ma\" include all numbers or parts of the work which may be subsequently published.
(3) The copy delivered to the trustees of the British Museum shall be a copy of the w^hole book with all maps and illustrations belonging thereto, finished and coloured in the same maimer as the best copies of the book are published, and shall be bound, sewed, or stitched together, 35 and on the best paper on which the book is printed.
(4) The copy delivered for the other authorities men- tioned 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 40 for sale.
(5) The books of w^hich copies are to be delivered to the National Library of Wales shall not include books of
30
COPYRIGHT ACT, 1911: SEC, 15.
19
such classes as may be specified in regulations to be made b}' the Board of Trade.
(6) If a publisher fails to comply with this section, he shall be liable on summary conviction to a fine not
5 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.
(7) For the purposes of this section, the expression "book" includes every part or division of a book, pam-
10 phlet, sheet of letter-press, sheet of music, map, plan, chart or table separately published, but shall not include any second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress or in the maps, prints, or other engravings
15 belonging thereto.
SPECIAL PROVISIONS AS TO CERTAIN WORKS.
16. (1) In the case of a work of joint authorship, copyright shall subsist during the life of the author who first dies and for a term of fifty years after his death, or
20 during the life of the author who dies last, whichever period is the longer, and references in tins Act to the period after the expiration of any specified number of years from the death of the author shall be construed as references to the period after the expiration of the Hke
25 number of years from the death of the author who dies first or after the death of the author who dies last, which- ever period may be the shorter, and in the provisions of this Act with respect to the grant of compulsory licences a reference to the date of the death of the author who
30 dies last shall be substituted for the reference to the date of the death of the author.
(2) ,Where, in the case of a work of joint authorship, some one or more of the joint authors do not satisfy the conditions conferrmg cop}Tight laid down by this Act,
35 the work shall be treated for the purposes of this Act as if the other author or authors had been the sole author or authors thereof:
Provided that the term of the copyright shall be the same as it would have been if aU the authors had satisfied
40 such conditions as aforesaid.
(3) For the purposes of this Act, ''a work of joint authorship " means a work produced by the collaboration of two or more authors in which the contribution of one
Book fined.
de-
Works of joint authors.
Term copyright.
of
Work of joint author- ship defined.
20
COPYRIGHT IN ENGLAND.
M ar r led woman as joint author.
Posthumous works.
Provisions as to Govern- ment publica- tions.
Provisions as t J mechanical instruments.
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. 5
17. (1) In the case of a literary dramatic or musical work, or an engraving, in which copyright 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 10 pubUshed, 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 15 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 per- formance or delivery in public as aforesaid.
(2) The ownership of an author's manuscript after his 20 death, where such ownership has been acquired under a testamentary disposition made by the author and the manuscript is of a work wliich has not been published nor performed in public nor delivered in public, shall be prima facie proof of the copyright being with the owner 25 of the manuscript.
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 pub- Hshed by or under the direction or control of His Majesty 30 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 publi- cation of the work. 35
19. (1) 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 contrivances were musical works, but the term of copyright shall be fifty years from the making of the 40 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 such plate was made shall be deemed to be the author of the work, and, where
COPYRIGHT ACT, 1911: SEC. 19.
21
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 extends if it has established a place of business within 5 such parts.
(2) It shall not be deemed to be an infringement of copyright in any musical work for any person to make within the parts of His Majesty's dominions to which this Act extends records, perforated rolls, or other contriv-
1 0 ances by means of which the work may be mechanically performed, if such person proves —
(a) that such contrivances have previously been made by, or with the consent or acquiescence of, the owner of the copyright in the work; and 15 (h) that he has given the prescribed notice of his inten- tion to make the contrivances, and has paid in the prescribed manner to, or for the benefit of, the owner of the copyright in the work royalties in respect of all such contrivances sold by him, 20 calculated at the rate herein-after mentioned:
Provided that —
(i) nothing in this provision shall authorize any altera- tions in, or omissions from, the work reproduced, unless contrivances reproducing the work subject 25 to similar alterations and omissions have been
previously made by, or with the consent or acquiesence of, the owner of the copjTight, or unless such alterations or omissions are reasonably necessary for the adaptation of the work to the 30 contrivances in question; and
(ii) for the purposes of this provision, a musical work shall be deemed to include any words so closely associated therewith as to form part of the same work, but shall not be deemed to include a con- 35 trivance by means of which sounds may be
mechanically reproduced.
(3) The rate at which such roj-alties as aforesaid are to be calculated shall —
(a) in the case of contrivances sold within two years 40 after the commencement of this Act b}' the
person making the same, be two and one-half
per cent.; and (6) in the case of contrivances sold as aforesaid after
the expiration of that period, five. per cent.
When not an infringement.
Alterations in or omissiona from work.
Rate of roy- alties.
22
COPYRIGHT IX ENGLAND.
Change in rate of royalties.
Board of Trade regula- tions.
on the ordinar}'^ 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, bo less than a half-penn}' for each separate musical work in which copyright subsists reproduced thereon, 5 and, where the royalty calculated as aforesaid mcludes 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 commencement of this Act, it 10 appears to the Board of Trade that such rate as aforesaid is no longer equitable, the Board of Trade may,, after holdmg a public inquiry, make an order either decreasing or increasing that rate to such extent as under the cir- cumstances may seem just, but any order so made shall 15 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. 20
(4) If an}" such contrivance is made reproducing two or more different works in which copyright subsists and the owners of the copyright therein are different persons, the sums payable by way of royalties under this section shall be apportioned amongst the several owTiers of the 25 copyright in such proportions as, failing agreement, may be determined by arbitration.
(5) When any such contrivances by means of which a musical work may be mechanically performed have been made, then, for the purposes of this section, the o%vQer of 30 the copyright in the work shall, in relation to any person who makes the prescribed inquiries, be deemed to have iriven his consent to the making of such contrivances if he fails to reply to such inquiries within the prescribed- time. 35
(6) For the purposes of this section, the Board of Trade may make regulations prescribing anything wliich under this section is to be prescribed, and prescribing the mode in which notices are to be given and the particulai*s to be given in such notices, and the mode, time, and frequency 40 of the payment of royalties, and any such regulations may, if the Board think fit, include regulations requiring payment in advance or otherwise securing the payment
of royalties.
COPYRIGHT ACT, 1911: SEC. 19.
23
(7) In the case of musical works published before the Modifications commencement of this Act, the foregoing provisions shall published be^ have effect, subject to the following modifications and ^o™ Act. additions: 5 (a) The conditions as to the previous making by, or with the consent or acquiescence of, the owner of the copyright in the work, and the restrictions as to alterations in or omissions from the work, shaU not apply : 10 (h) The rate of two and one-half per cent, shall be substituted for the rate of five per cent, as the rate at which royalties are to be calculated, but no royalties shall be payable in respect of contrivances sold before the first day of July, 15 nineteen hundred and thirteen, if contrivances
reproducing the same work had been lawfully made, or placed on sale, within the parts of His Majesty's dominions to which this Act extends before the first day of July, nineteen hundred 20 and ten:
(c) Notwithstanding any assignment made before the ^^s^t °^ "re-
passing of this Act of the copyright in a musical duction of es- work, any rights conferred by this Act in re- signed work be- spect of the making, or authorising the mak-
25 ing, of contrivances by means of which the
work may be mechanically performed shall be- long to the author or his legal personal repre- . sentatives and not to the assignee, and the roy- alties aforesaid shall be payable to, and for the
30 benefit of, the author of the work or his legal
personal- representatives :
(d) The saving contained in this Act of the rights
and interests arising from, or in connexion with, action taken before the commencement of this
35 Act shall not be construed as authorising any
person who has made contrivances by means of which the work ma}^ be mechanically per- formed to sell any such contrivances, whether made before or after the passing of this Act,
40 except on the terms and subject to the condi-
tions laid down in this section:
(e) AVliere the work is a work on which copyright is
conferred by an Order in Council relating to a
foreign country, the copyright so conferred shall
45 not, except to such extent as may be provided by
24
COPYRIGHT IN ENGLAND.
Copyright In contrivances previously made.
Provision as to political
Provisions as to photographs.
Provisions as to designs regis- trable under 7 Edw. 7. C.29.
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 5 record, perforated roll, or other contrivance by means of which sounds may be mechanically reproduced has been made before the commencement of this Act, copy- right shall, as from the commencement of this Act, subsist therein in like manner and for the like term as if 10 this Act had been in 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 tliis 15 Act, is the owner of such original plate shall be the first owner of such copyright; and (ii) nothing in this provision shall be constrtied as conferring copyright in any such contrivance if the making thereof would have infringed copy- 20 right in some other contrivance, if this proAdsion had been in force at the time of the making of the first-mentioned contrivance.
20. Notwithstanding anything in this Act, it shall not be an infringement of copyright in an address of a 25 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 from the making of the original negative from which the photograph was directly 30 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 tliis Act to reside within 35 the parts of His Majesty's dominions to which this Act extends if it has established a place of business within such parts.
22. (1) This Act shall not apply to designs capable of being registered under the Patents and Designs Act, 1907, 40 except designs which, though capable of being so regis- tered, 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-six of the Patents and Designs Act, 1907, may be made for determin- 45
COPYRIGHT ACT, 1911: SEC. 23.
25
ing the conditions under which a design shall be deemed to be used for such purposes as aforesaid.
23. If it appears to His Majesty that a foreign country does not give, or has not undertaken to give, adequate 5 protection to the works of British authors, it shall be lawful for His Majesty by Order in Council to direct that such of the provisions of this Act as confer copyright on works first pubUshed within the parts of His Majesty's dominions to which this Act extends, shaU not apply to 10 works published after the date specified in the Order, the authors whereof are subjects or citizens of such foreign country, and are not resident in His Majesty's dominions, and thereupon those provisions shall not apply to such works. 15 24. (1) Where any person is immediately before the commencement of tliis Act entitled to any such right in any work as is specified in the first column of the First Schedule to this Act, or to any interest in such a right, he shall, as from that date, be entitled to the substi- 20 tuted right set forth in the second column of that schedule, or to the same interest in such a substituted right, and to no other right or interest, and such substituted right shall subsist for the term for which it would have subsisted if this Act had been in force at the date when the work 25 was made and the work had been one entitled to copy- right thereunder: Provided that —
(a) if the author of any work in which any such right . as is specified in the fiirst column of the First 30 Schedule to this Act subsists at the commence-
ment of this Act has, before that date, assigned the right or granted any interest therein for the whole term of the right, then at the date when, but for the passing of this Act, the right would 35 have expired the substituted right conferred by
tliis section shall, in the absence of express agreement, pass to the author of the work, and any interest therein created before the com- mencement of this Act and then subsisting shaU 40 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 45 mentioned, to an assignment of the right or 39703°— 12 4
Works of for- eign authors first published in parts of His Majesty's do- minions to which Act ex- tends.
Existing works.
See page 34.
Existing sigmnents.
26 COPYRIGHT IN ENGLAND.
the grant of a similar interest therein for the remainder of the term of the right for such consideration as, faihng agreement, maj^ be determined by arbitration ; or
(ii) without any such assignment or grant, 5 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 10 the author as, faOing agreement, may be de- termined by arbitration, or, where the work is incorporated in a collective work and the owner of the right or interest is the propri- etor of that collective work, without any 15 such payment;
The notice above referred to must be given not more than one year nor less than six months before the date at which the right would have so expired, and must be sent by registered post 20 to the author, or, if he cannot with reasonable J diligence be found, advertised in the London Gazette and in two London newspapers: (6) where any person has, before the twenty-sixth day
of July nineteen hifndred and ten, taken any 25 action whereby he has incurred any expenditure or liability in connexion with the reproduction or performance of any work in a manner which at the time was lawful, or for the purpose of or with a view to the reproduction or performance 30 of a work at a time when such reproduction or performance would, but for the passing of this Act, have been lawful, nothing in this section shall diminish or prejudice any rights or interest arising from or in connexion with such action 35 which are subsisting and A'^aluable at the said date, unless the person who by virtue of this section becomes entitled to restrain such repro- duction or performance agrees to pay such com- pensation as, failing agreement, may be deter- 40 mined by arbitration. (2) For the purposes of this section, the expression "author" includes the legal personal representatives of a deceased author.
COPYRIGHT ACT, 1911: SEC. 25.
27
(3) Subject to the provisions of section nineteen sub- sections (7) and (8) and of section thirty-three of thLs Act, copyright shall not subsist in any work made before the commencement of this Act, otherwise than under, 5 and in accordance \^ath, the provisions of this section.
Xo copyright in vrork made before Act.
APPLICATION TO BRITISH POSSESSIONS.
25. (1) This Act, except such of the provisions thereof as are expressly restricted to the United Kingdom, shall extend throughout His Majesty's domhiions: Provided
10 that it shall not extend to a self-governing dominion, unless declared by the Legislature of that dominion to be in force therein either without any modifications or addi- tions, or with such modifications and additions relating exclusively to procedure and remedies, or necessary to
15 adapt this Act to the circumstances of the dominion, as may be enacted by such Legislature.
(2) If the Secretary of State certifies by notice pub- lished in the London Gazette that any self-governing dominion has passed legislation under which works, the
20 authors whereof were at the date of the making of the works British subjects resident elsewhere than in the dominion or (not being British subjects) were resident in the parts of His Majesty's dominions to which this Act extends, enjoy within the dominion rights substantially
25 identical with those conferred by this Act, then, whilst such legislation continues in force, the dominion shall, for the purposes of the rights conferred by this Act, be treated as if it were a domiuion to which this Act extends ; and it shall be lawful for the Secretary of State to give
30 such a certificate as aforesaid, notwithstanding that the remedies for enforcing the rights, or the restrictions on the importation of copies of works, manufactured in a foreign country, under the law of the dominion, differ from those under this Act.
35 26. (1) The Legislature of any self-governing dominion may, at any time, repeal all or any of the enactments relating to copyright passed by Parliament (including this Act) so far as they are operative within that dominion : Provided that no such repeal shall prejudicially affect any
40 legal rights existing at the time of the repeal, and that, on this Act or any part thereof being so repealed by the Legislature of a self-governing dominion, that dominion shall cease to be a dominion to which this act extends.
Application ofAct to British dominions.
Notice in Lon- don Gazette.
Legislative jwwers of self- governing do- minions.
28
COPYRIGHT IN ENGLAND.
inrdon^ons." ^"^ ^^ ^^^ self-goveming dominion to which this Act does not extend, the enactments repealed by this Act shall, so far as they are operative in that dominion, continue in force until repealed by the Legislature of that dominion.
(3) Where his Majesty in Council is satisfied tliat the 5 law of a self-governing dominion to which this Act does not extend provides adequate protection ^vithin the dominion for the works (whether published of unpub- lished) of authors who at the time of the making of the work were British subjects resident elsewhere than in 10 that dominion, His Majesty in Council may, for the purpose of giving reciprocal protection, direct that this Act, except such parts (if any) thereof as may be specified in the Order, and subject to any conditions contained therein, shall, within the parts of His Majesty's dominions 15 to wliich this Act extends, apply to works the authors whereof were, at the time of the making of the work, resident within the first-mentioned dominion, and to works first pubhshed in that dominion; but, save as provided by such an Order, works tlie authors whereof 20 were resident in a dominion to which this Act does not extend shall not, whether they are British subjects or not, be entitled to any protection under this Act except such protection as is by this Act conferred on works first pubhshed within the parts of His Majesty's dominions to 25 which tliis Act extends:
Provided that no such Order shall confer any rights witliin a self-governing dominion, but the Governor in Council of any self-governing dominion to which this Act extends, may, by Order, confer witliin that dominion 30 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.
For the purposes of this subsection, the expression
"a dominion to which this Act extends" includes a So
dominion which is for the purposes of this Act to be
treated as if it were a dominion to which this Act extends.
Power of 27. The Legislature of any British possession to
Legislatures of -y^jj^jch tMs Act cxtcuds may modify or add to any of the
British posses- _ , .... .
sions to pass provisious of this Act in its application to the possession, 40 but, except so far as such modifications and additions relate to procedure and remedies, they shall apply only to works the authors whereof were, at the time of the making of the work, resident in the possession, and to works first pubhshed in the possession. 45
supplemental legislation.
COPYRIGHT ACT, 1911: SEC. 23.
29
28. His Majesty may, by Order in Council, extend tliis Act to any territories under his protection and to Cyprus, and, on the making of any such Order, this Act shall, subject to the provisions of the Order, have effect as if
5 the territories to which it applies or Cyprus were part of His Majesty's dominions to which this Act extends.
Part II. INTERNATIONAL COPYRIGHT.
29. (1) His Majesty may, by Order in Council, direct 10 that this Act (except such parts, if any, thereof as may
be specified in the Order) shall apply —
(a) to works first published in a foreign country to which the Order relates, in like manner as if they were first published within the parts of His 15 Majesty's dominions to which this Act extends;
(&) to literary, dramatic, musical, and artistic works, or any class thereof, the authors whereof were at the time of the making of the work subjects or citizens of a foreign country to which the order 20 relates, in like manner as if the authors were
British subjects; (c) In respect of residence in a foreign countrj^ to which the Order relates, in like manner as if such resi- dence were residence in the parts of His Majesty's 25 dominions to which this Act extends;
and thereupon, subject to the provisions of this Part of this Act and of the Order, this Act shall apply accord- ingly: .
* Provided that — 30 (i) before making an Order in Council under this sec- tion in respect of any foreign country (other than a country with which His Majesty has entered into a convention relating to copyright), His Majesty shall be satisfied that that foreign coun- 35 try has made, or has undertaken to make, such
provisions, if any, as it appears to His Majesty _ expedient to require for the protection of works entitled to copyright under the provisions of Part I. of this Act; 40 (ii) the Order in Council may provide that the term of copyright within such parts of His Majesty's dominions as aforesaid shall not exceed that con- ferred by the law of the country to which the Order relates;
Application t o protector- ates.
Power to ex- tend act to for- eign works.
Reciprocal protection.
30
COPYRIGHT IN ENGLAND.
Delivery o ' foreign books not required.
Conditions and formalities.
49 & 50 Vict. .33.
Application of Part II. to British posses- sions.
(iii) the provisions of this Act as to the deUv^y of copies of books shall not apply to works first pubUshed in such country, except so far as is provided by the Order; (iv) the Order in Council may provide that the enjoy- 5 ment of the rights conferred by this Act shaU be subject to the accomplishment of such con- ditions and formahties (if any) as may be pre- scribed by the Order; (v) in applying the provision of this Act as to owner- 10 ship of copyright, the Order in Council may make such modifications as appear necessaiy having regard to the law of the foreign country; (vi) in applying the provisions of this Act as to existing
works, the Order in Council may make such 15 modifications as appear necessary, and may pro- vide that notliing in those provisions as so ap- phed shall be construed as reviving any right of preventing the production or importation of any translation in any case where the right has 20 ceased by virtue of section five of the Interna- tional Copyright Act, 1886. (2) An Order in Council under this section may extend to all the several countries named or described therein.
30. (1) An Order in Council under this Part of this Act 25 shall apply to all His Majesty's "dominions to which this Act extends except self-governing dominions and any other possession specified in the order with respect to which it appears to His Majesty expedient that the Order should not apply. 30
(2) The Governor in Council of any self-governing dominion to which this Act extends may, as respects that dominion, make the like orders as under this Part of tliis Act His Majesty in Council is authorised to make wdtli respect to His Majesty's dominions other than self-govern- 35 ing dominions, and the provisions of this Part of this Act shall, with the necessary modifications, apply according!}".
(3) Where it appears to His Majesty expedient to except from the provisions of any order any part of liis dominions not being a self-governing dominion, it shall 40 be la\^^ul for His Majesty by the same or am' other Order
in Council to declare that such order and this Part of this Act shall not, and the same shall not, apply to such part, except so far as is necessary for preventing any prejudice to any rights acquired previously to the date of such Order. 45
COPYRIGHT ACT, 1911: SEC. 31.
Part III. SUPPLEIVIENTAL PROVISIONS.
31. No person shall be entitled to copyright or any similar right in any literary, dramatic, musical, or artistic
5 work, whether published or unpublished, otherwise than under and in accordance with the provi^ons of this Act, or of any other statutory enactment for the time being in force, but nothing in this section shall be construed as ab- rogating any right or jurisdiction to restrain a breach of 10 trust or confidence.
32. (1) His Majesty m Council may make Orders for altering, revoking, or varying any Order in Council made under this Act, or under any enactments repealed by this Act, but any Order made under this section shall not
15 affect prejudicially any rights or interests 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
20 be published in the London Gazette and shall be laid before both Houses of Parliament as soon as may be after it is made, and shall have effect as if enacted in this Act.
33. No tiling in this act shall deprive any of the univer- 25 sities and colleges mentioned in the Copyright Act, 1775,
of any copyright they already possess under that Act, but the remedies and penalties for infringement of any such copyright shall be under this Act and not under that Act. 30 34. There shall continue to be charged on, and paid out of, the Consolidated Fund of the United Kingdom such annual compensation as was immediately before the commencement of this Act payable in pursuance of any Act as compensation to a library for the loss of the right 35 to receive gratuitous copies of books:
Provided that this compensation shall not be paid to a
library in any year, unless the Treasury are satisfied that
the compensation for the previous year has been applied
in the purchase of books for the use of and to be preserved
40 in the library.
35. (1) In tliis Act, unless the context otherwise requires —
"Literar}' work" includes maps, charts, plans, tables, and compilations;
31
Abrogation of common law rights.
Provisions as to Orders In Council.
Saving of uni- versity copy- right. 15 Geo. 3. e. 53.
Saving of compensation to certain libra- ries.
Interpreta- tion.
32 COPYKIGHT IN ENGLAND.
"Dramatic work" includes any piece for recitation, choreograpliic work or entertainment in dumb show, the scenic arrangement or acting form of which is fixed in WTiting or otherwise, and any cinematograph production where the arrangement 5 or acting form or the combmation of mcidents represented give the work an original character ;
* 'Artistic work" includes works of painting, drawing, sculpture and --artistic craftsmansliip, and arclii- tectural works of art and engravings and 10 photographs ; ^
"Work of sculpture" includes casts and models;
"Arcliitectural work of art" means any building or structure having an artistic character or design, in respect of such character or design, or any 15 model for such buildmg or structure, provided that the protection afforded by tliis Act shall be confined to the artistic character and design, and shall not extend to processes or methods of construction; 20
"Engravings" include etchings, hthographs, wood- cuts, prints, and other similar works, not being photographs ;
"Photograph" includes photo-hthograph and any work produced by any process analogous to 25 photography ;
"Cinematograph" includes any work produced by any process analogous to cinematography;
"Collective work" means —
(a) an encyclopsedia, dictionary, year book, or 30
similar work; (&) a newspaper, review, magazine, or similar
periodical ; and (c) any work written in distinct parts by different authors, or in which works or parts of works of 35 different authors are incorporated ;
"Infringing," when applied to a copy of a work in which copyright subsists, means any copy, includ- ing any colourable imitation, made, or imported in contravention of the provisions of this Act ; 40
"Performance" means any acoustic representation of a work and any visual representation of any dramatic action in a work, including such a repre- sentation made by means of any mechanical instrument ; 45
COPYRIGHT ACT, 1911: SEC. 35. 33
"Delivery," in relation to a lecture, includes delivery
by means of any mechanical instrument ; "Plate" includes any stereotype or other plate, stone, block, mould, matrix, transfer, or negative 5 used or intended to be used for printing or re-
producing copies of any work, and any matrix or other appliance by which records, perforated rolls or other contrivances for the acoustic repre- sentation of the work are or are intended to be 10 made;
"Lecture" includes address, speech, and sermon; "Self-governing dominion" means the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South 15 Africa, and Newfoundland. n
(2) For the purposes of this Act (other than those relating to infringements of copyright), a work shall not be deemed to be published or performed in public, and a lecture shall not be deemed to be deUvered in public,
20 if pubhshed, performed in pubKc, or delivered in pubhc, without the consent or acquiescence of the author, his executors administrators or assigns.
(3) For the purposes of this Act, a work shall be simultaneous
,i iTii'1-1 ff TT- publication.
deemed to be first published Avithm the parts or His 25 Majesty's dominions to which this Act extends, notwith- standing that it has been published simultaneously in some other place, unless the pubhcation in such parts of His Majesty's dominions as aforesaid is colourable only and is not intended to satisf}' the reasonable requirements 30 of the public, and a work shall be deemed to be published' simultaneously in two places if the time between the pubhcation in one such place and the pubhcation in the other place does not exceed fourteen days, or such longer period as may, for the time being, be fixed by Order in 35 Council.
(4) Wliere, in the case of an unpublished work, the ^Yrk"^re^^. making of a work has extended over a considerable domfni°m'^^ period, the conditions of this Act conferring copjTight
shall be deemed to have been compUed with, if the author 40 was, during any substantial part of that period, a British subject or a resident ^vithin 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
45 resident in the parts of His Majest^^'s dominions to which this Act extends if he is domiciled within any such part.
34
COPYRIGHT IN ENGLAND.
Kepeal.
Short title and commence- ment.
Section 24.
36. Subject to the provisions of tliis Act, the enact- ments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that schedule:
Pro\dded that this repeal shall not take effect in any 5 part of His Majesty's dominions until this Act comes into operation in that part.
37. (1) This Act maybe cited as the Copyright Act, 1911.
(2) This Act shall come into operation — 10
(a) in the United Kingdom, on the first day of July nineteen hundred and twelve or such earlier date as may be fixed by Order in Council; (h) in a self-governing dominion to which this Act extends, at such date as may be fixed by the 15 Legislature cf that dominion;
(c) in the Channel Islands, at such date as may be fixed by the States of those islands respectively;
(d) in any other British possession to which this Act extends, on the proclamation thereof within tlie 20 possession by the Governor.
SCHEDULES. FIRST SCHEDULE.
EXISTING RIGHTS.
Existing Right.
Substituted Right.
'Jo
Copyright defined.
(a) In the C2se cf M'orks other than Dramatic and Musical ^Vorks. Copyright. | Copyright as defined by this Aet.i
(b) In the case of Musical and Dramatic Ttbrfc*. Copyright as defined by this Act.i
Both copyright and perform- ing right.
Copyright, ^ut not performing right.
Performing right but not copy- right.
Copjrright as defined by this Act, except tlie sole right 30 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. oO
For the purposes of this Schedule the following ex- pressions, 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 commence- 40
1 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 snail 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 nbt been passed, have become entitled under section eighteen of the Copyright Act, 1842.
COPYRIGHT ACT, 1911: SCHEDULES.
35
10
ment of this Act has not been pubhshed before that date and statutory copyright wherein depends on pubhcation, includes the right at common law (if any) to restrain publication or other dealing with the work; "Performing right," in the case of a work which has not been performed in public before the commence- ment of this Act, includes the right at common law (if any) to restrain the performance thereof in public.
SECOND SCHEDULE.
Performing right defined.
ENACTMENTS REPEALED.
Section 36.
Session and Cliapter
8 Geo. 2. c. 13
7 Geo. 3. c. 38
15 Geo. 3. c. 53
17 Geo. 3. c. 57
54 Geo. 3. c. 56
3&4 Will. 4. c. 15.. 5&0 Will. 4.0. 65... 6&7WiU.4.c.59...
6&7 Will. 4.0.110. 5& 6 Vict. c. 45.... 7&8 Vict. c. 12.... lO&ll Vict. 0.95.. 15&16Vict. c. 12.. 25&26Vict. c. 68..
38 & 39 Vict. c. 12.
39 & 40 Vict. C. 36.
45&46Vict. 0. 40..
49 & 50 Vict. c. 33. 51 & 52 Vict. c. 17.
52 & 53 Vict. c. 42.
6 Edw. 7. c. 36.
Short Title
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. . .
The Lectures Copyright Act, 1835
The Prints and Engravings Copyright (Ireland) Act, 1836.
The Copyright Act, 1836
The Copyright Act, 1842
The International Copyright Act, 1844
The Colonial Copyright Act, 1847
The International Copyright Act, 1852 The Fine Arts Copyright Act, 1862...
The International Copyright Act, 1875. The Customs Consolidation Act, 1876..
The Copyright (Musical Compositions)
Act, 1882. The International Copyright Act, 1886. The Copyright (Musical Compositions)
Act, 1888. The Revenue Act, 1889
The Musical Copyright Act, 1906.
Extent of Repeal
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.
The whole Act.
The whole Act.
The whole Act.
Sections one to six. In section eight the words "and pursuant to any Act for the protection of copyright engrav- ings," and "and in any- such Act as aforesaid". Sections nine to twelve.
The whole Act. '
Section forty-two, from "Books wherein" to "such copyright 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 sec- tion."
In section three the words " and which has been registered in ac- cordance with the pro- visions of the Copy- right Act, 1842, or of the International Copy- right Act, 1844, which registration may be enected notwithstand- ing anything in the International Copy- right Act, 188G."
See pages 37-
See pages 39- 40.
See pages 40-
41
See pages 42-
44.
[From the official edition of the Act printed by Eyre and Spottiswoode for Rowland Bailey, the King's Printer, London, ii, 29 pp. sm. 4°.]
Addenda, PREVIOUS COPYRIGHT ACTS NOT REPEALED.
[Repealed matter indicated by italics and braclcets.]
The Fine Arts Copyright Act, 1862.
6 25 AND 26 Victoria, Chapter 68.
AN ACT for amending the Law relating to Copyright in Works of the Act 25 and 26 Fine Arts, and for repressing the Commission of Fraud in the Pro- Vict., c 68, 1862. duction and Sale of such Works. [29th July 1862.]
Whereas by Law, as now established, the Authors of
10 Paintings, Dramngs, and Photographs have no Copy- right in such their Works, and it is expedient that the Law should in that respect be amended; Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and
15 Temporal, and Commons, in tliis present ParUament assembled, and by the Authority of the same, as follows: [Sections 1-6 are repealed hy the Copyright Act, 1911.] 7. No Person shall do or cause to be done any or either i-enaitia. on of the following Acts ; that is to say, auctions and
20 First, no Person shall fraudulently sign or otherwise ^^■ affix, or fraudulently cause to be signed or otherwise affixed, to or upon any Painting, Drawing, or Photograph, ^ or the Negative thereof, any Name, Initials, or Mono- gram:
25 Secondly, no Person shall fraudulently sell, pubhsh, exliibit, or dispose of, or offer for Sale, Exhibition, or Distribution, any Painting, Drawing, or Photograph, or Negative of a Photograph, having thereon the Name, Initials, or Monogram of a Person who did not execute
30 or make such Work:
Tliirdly, no Person shall fraudulently utter, dispose of, or put off, or cause to be uttered or disposed of, any Copy or colourable Imitation of any Painting, Drawing, or Photograph, or Negative of a Photograph, whether there
35 shall be subsisting Copyright therein or not, as having been made or executed by the Author or Maker of the original Work from wliich such Copy or Imitation shall have been taken:
37
38
COPYRIGHT IN ENGLAND.
Penal ti JS.
Recovery o f pecuniary Pen- alties.
Words in brackets and italics repealed by Copyright Act, 1911.
Fourthly, where the Author or Maker of any Painting, Drawing, or Photograph, or Negative of a Photograph, made either before or after the passing of tliis Act, shall have sold or otherwise parted with the Possession of such Work, if any Alteration shall afterwards be made therein 5 by any other Person, by Addition or otherwise, no Person shall be at liberty during the Ufe of the Author or Maker of such Work, without his Consent, to make or knowingly to sell or pubhsh, or offer for Sale, such Work or any Copies of such Work so altered as aforesaid, or of any Part 10 thereof, as or for the unaltered Work of such Author or Maker:
Every Offender under this Section shall, upon Con- viction, forfeit to the Person aggrieved a Sum not exceed- ing Ten Pounds, or not exceeding double the full Price, if 15 any, at wliich all such Copies, Engravings, Imitations, or altered Works shall have been sold or offered for Sale ; and all such Copies, Engravings, Imitations, or altered Works shall be forfeited to the Person, or the Assigns or legal Representatives of the Person, whose Name, Initials, or 20 Monogram shall be so fraudulently signed or afhxed thereto, or to whom such spurious or altered Work shall be so fraud- ulently or falsely ascribed as aforesaid : Provided always, that the Penalties imposed by this Section shall not be incurred unless the Person whose Name, Initials, or Mono- 25 gram shall be so fraudulently signed or afhxed, or to whom such spurious or altered W ork shall be so fraudulently or falsely ascribed as aforesaid, shall have been living at or within Twenty Years next before the Time when the Offence may have been committed. 30
8. All pecuniary Penalties which shall be incurred, and all such unlawful Copies, Imitations, and all other Effects and Things as shall have been forfeited by Offenders, pursuant to this Act, [and pursuant to any Act for the Protection of Copyright Engravings,] may be recov- 35 ered by the Person herein-before {and in any such Act as aforesaid] empowered to recover the same respectively, and herein-after called the Complainant or the Com- plainer, as follows:
In England and Ireland, either by Action against the 40 Party offending, or by summary Proceeding before any two Justices having Jurisdiction where the Party offend- ing resides:
In Scotland by Action before the Court of Session in ordinary Form, or by summary Action before the Sheriff 45
ACT OF 39 AND 40 VICTORIA, CHAP. 36, 1876.
39
of the County where the Offence may be committed or the Offender resides, * * * ^nd any Judgment so to be pronounced by the Sheriff in such summary Appli- cation shall be final and conclusive, and not subject 5 to Review by [Advocation,] Suspension, Reduction, or otherwise.
[Sees. 9-12 repealed hy the Copyright Act, 1911.]
[From "The statutes of the United Kingdom of Great Britain and Ireland." Vol. 25, 4°. By G: Kettilby Rickards. London, G: E: Eyre and W: Spotliswoode, 1S62, 10 pp. 750-752.]
The Customs Consolidation Act, 1876.
39 AND 40 Victoria, Chapter 36. AN ACT to consolidate the Customs Laws. [24th July 1876.]
AS TO THE IMPORTATION, PROHIBITION, ENTRY, EXAMINA- 15 TION, LANDING, AND WAREHOUSING OF GOODS.
4: :)! 4: :): ^
42. The goods enumerated and described in the follow- ing table of prohibitions and restrictions inwards are hereby prohibited to be imported or brought into the United Kingdom, save as thereby excepted, and if any 20 goods so enumerated and described shall be imported or brought into, the United Kingdom contrary to the prohi- bitions or restrictions contained therein, such goods shall be forfeited, and may, be destroyed or otherwise disposed of as the Commissioners of Customs may direct.
25 a table OF PROHIBITIONS AND RESTRICTIONS INWARDS.
Goods prohibited to he imported.
[BooTcs wherein tJie copyright shall he first subsisting, first composed, or written or printed, in the United King- dom, and printed or reprinted in any other country, as 30 to which the proprietor of such copyright or his agent shall have given to the Commissioners of Customs a notice in uniting, duly declared, that such copyright subsists, such notice also stating when such copyright will expire.]
Act 39 and 40 Vict., c. 36, 1876.
Prohibitions and restric- tions.
Repealed by copyright act, 1911: butsee sec. 14 of act of 1911, p. 17.
Indecent or obscene prints, paintings, photographs, 35 books, cards, hthographic or other engravings, or any other indecent or obscene articles.
[Sees. 44 <^i^ 4^ ^^6 repealed hy the Copyright Act, 1911.]
40
COPYRIGHT IN ENGLAND.
(.'ustoms acts to extend to British posses- sions abroad, except where otherwise pro- vided for.
151. The Customs Acts shall extend to and be of full force and effect in the several British possessions abroad, except where otherwise expressly provided for by the said Acts, or limited by express reference to the United Kingdom or the Channel Islands, and exce})t also as to 5 any such possession as shall by local Act or ordinance have provided, or may hereafter, with the sanction and approbation of Her Majesty and her successors, make entire provision for the management and regidation of the Customs of any such possession, or make in like man- 10 ner express provisions in lieu or variation of anj^ of the clauses of the said Act for the piu-poses of such posses- sion.
[Sec. 152 repealed hy the Copyright Act, 1911.] •
[From "The Law Reports. The Public General Statutes, 1876." Vol. 11, 8"". Lon- 1 5 don, William Clowes and Sons, 1876, pp. 171, 181-182, 210.]
Act 2 Edw. 7, c. 15, 1902.
See page 16, 1 35.
Seizure, &e., of pirated cop- ies.
Power to seize copies on hawk- ers.
The Musical (Summary Proceedings) Copyright Act, 1902.
2 Edward VII., Chapter 15.
AN ACT to amend the Law relating to Musical Copyright. [22nd 20 July, 1902.]
Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spu'itual and Temporal, aijd Commons, in this present Parliament as- sembled, and by the authority of the same, as follows: 25
1. A court of summary jurisdiction, upon the applica- tion of the owner of the copyright in any musical work, may act as follows : If satisfied by evidence that there is reasonable ground for believing that pirated copies of such musical work are being hawked, carried about, sold 30 or offered for sale, may, by order, authorise a constable to seize such copies without warrant and to bring them before the court, and the court, on proof that the copies are pirated, may order them to destroyed, or to be delivered up to the owner of the copyright if he makes 35 application for that delivery.
2. If any person shall hawk, carry about, sell or offer for sale any pirated copy of any musical work, every such pirated copy may be seized by any constable without war- rant, on the request in writing of the apparent owner of the 40 copyright in such work, or of his agent thereto author- ised in writing, and at tlie risk of such owner.
ACT OF 6 EDWAED 1, CHAP. 36, 1906.
41
On seizure of any such copies, they shall be conveyed
by such constable before a court of summary jurisdiction,
and, on proof that they are infringements of copyright,
shall be forfeited or destroyed, or otherwise dealt with, as
5 the court may think fit.
3. "Musical copyright" means the exclusive right of the owner of such copyright, under the Copyright Acts in force for the time being, to do, or to authorise another person to do, all or any of the following things in respect
10 of a musical work: —
(1) To make copies by writing or otherwise of such musical work.
(2) To abridge such musical work.
(3) To make any new adaptation, arrangement or 15 setting of such musical work, or of the melody
thereof, in any notation or system. "Musical work" means any combination of melody and harmony, or either of them, printed, reduced to writing, or otherwise graphically produced or reproduced. 20 "Pirated musical work" means any musical work writ- ten, printed or otherwise reproduced, without the consent lawfully given by the owner of the copyright in such musical work.
4. This Act may be cited as The Musical (Summary 25 Proceedings) Copyright Act, 1902, and shall come into
operation on the first day of October one thousand niue hundred and two, and shall apply only to the United Kingdom.
[From " The Law Reports. The Public General Statutes, 1902." VoL 40, 8°. Lon- 30 don, William Clowes & Sons, Ltd., 1903, p. 18.]
Definitions.
Short title and commence- ment.
Act6Edw.7, e. 36, 1906.
The Musical Copyright Act, 1906.
6 Edward VII., Charter 36.
AN ACT to amend the law relating to Musical Copyright. [4th August 1906.]
35 Be it enacted by the King's most Excellent Majesty, by seepagei6,L35 and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament as- sembled, and by the authority of the same, as follows: 1. (1) Every person who prints, reproduces, or sells, or
40 exposes, offers, or has in his possession for sale, any pirated copies of any musical work, or has in his possession
Penaltyi for being in pos- session of pi- rated music
42
COPYRIGHT IX ENGLAND.
Constable may take into custody with- out warrant.
38 Vict.
and c. 62.
39
Right of entry by police for execution of act.
any plates for the purpose of printing or reproducing pirated copies of any musical work, shall (unless he proves that he acted innocently) be guilty of an offence punish- able on summary conviction, and shall be liable to a fine not exceeding five pounds, and on a second or subsequent 5 conviction to imprisonment with or without hard labour for a term not exceeding two months or to a fine not exceeding ten pounds: Provided that a person convicted of an offence under this Act who has not previously been convicted of such an offence, and who proves that the 1 0 copies of the musical work in respect of which the offence was committed had printed on the title page thereof a name and address purporting to be that of the printer or pubHsher, shall not be liable to any penalty under this Act unless it is proved that the copies were to his knowl- 15 edge pirated copies.
(2) Any constable may take into custody wdthout war- rant any person who in any street or public place sells or exposes, offers, or has in his possession for sale any pirated copies of any such musical work as may be specified in any 20 general written authority addressed to the chief officer of police, and signed by the apparent owner of the copyright in such work or his agent thereto authorised in writing, requesting the arrest, at the risk of such owner, of all persons found committing offences under this section in 25 respect to such work, or who offers for sale any pirated copies of any such specified musical work by personal canvass or by personally dehvering advertisements or circulars.
(3) A copy of every written authority addressed to a 30 chief officer of police under this section shall be open to inspection at all reasonable hours by any person without payment of any fee, and any person may take copies of or make extracts from any such authority.
(4) Any person aggrieved by a summary conviction 35 under this section may in England or Ireland appeal to a court of quarter sessions, and in Scotland under and in terms of the Summary Prosecutions Appeals (Scotland) Act, 1875.
2. — (1) If a court of summary jurisdiction is satisfied 40 by information on oath that there is reasonable ground for suspecting that an offence against this Act is being com- mitted on any premises, the court may grant a search warrant authorising the constable named therein to enter
ACT OF 6 EDWARD 7, CHAP. 36, 1906.
43
the premises between the hours of six of the clock in the morning and nine of the clock in the evening, and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to seize any copies 5 of any musical work or any plates in respect of which he has reasonable ground for suspecting that an offence against this Act is being committed.
(2) All copies of any musical work and plates seized under this section shall be brought before -a court of 10 summary jurisdiction, and if proved to be pirated copies or plates intended to be used for the printing or repro- duction of pirated copies shall be'forfeited and destroyed or otherwise dealt with as the court think fit. 3. In this Act — 15 The expression ''pirated copies" means any copies of any musical work written, printed, or otherwise repro- duced without the consent lawfully given by the owner of the copyright in such musical work:
The expression ''musical work" means a musical work 20 in which there is a subsisting copyright, [and which has been registered in accordance with the provisions of the Copyright Act, 184^, or of the International Copyright Act, 1844, 'which registration nnay be effected notwithstand- ing anything in the International Copyright Act, 1886]: 25 The expression "plates" includes any stereotype or other plates, stones, matrices, transfers, or negatives used or intended to be used for printing or reproducing copies of any musical work: Provided that the expres- sions "pirated copies" and "plates" shall not, for the 30 purposes of this Act, be deemed to include perforated music rolls used for playing mechanical instruments, or records used for the reproduction of sound waves, or the matrices or other appHances by which such roUs or records respectively are made : 35 The expression "chief officer of police" —
(a) with respect to the City of London, means the
Commissioner of City Police ; (6) elsewhere in England has the same meaning as in the Police Act, 1890; 40 (c) in Scotland has the same meaning as in the Police (Scotland) Act, 1890; {d) in the police district of Dublin metropolis means either of the Conmiissioners of Police for the said , district :
Definitions: "Pirated copies."
"Musical work."
Words in brackets and italics repealed by copyright act, 1911.
'Plates.'
"Chief oflBcer of police."
53 and 54 Vict., c. 45.
53 and 54 Vict., c. 67.
44 COPYRIGHT IN ENGLAND.
(e) elsewhere in Ireland means the District Inspector of the Royal Irish Constabulary: "Court of "pj^g expression ''court of summary jurisdiction'' in dicuon." Scotland means the sheriff or any magistrate of any royal,
parliamentary, or poHce burgh officiating under the pro- 5 visions of any local or general police Act. Short tiUe. 4, Tliis Act may be cited as the Musical Copyright Act,
1906.
[From "The Law Reports. The Public General Statutes, 1906." Vol. 44, 8" London, Rowland Bailey, 1900, pp. 98-100.1 JQ
INDEX
The references in the following index are to page and line.
Acoustic representation of a work is "per- formance," p. 32:40; p. 33:5. Action, limitation of, p. 15:35. Adaptation:
Of copyright works to mechanical
instruments, p. 21:25. Of music, right to make, p. 41:15. Additions contained in second edition,
p. 19:10. Address:
Included in "lecture," p. 33:10. Newspaper report of , p. 11 :20; p. 24:25. Administrators of author, p. 33:20. Advertisements by publisher, of literary
works for schools, p. 11:5. Advocates Library, Edinburgh, deposit of
copy for, p. 18:20. Alterations:
In musical work published prior to
act of 1911, p. 23:5. In second edition, p. 19:10. In work reproduced mechanically p. 21:20. Appeal in copyright suits, p. 16:40. Appeal under musical copyright act, p.
42:35. Arbitration:
In case of existing assignments, p.
26:5; p. 26:40. In case of royalties, p. 22:25. Architectural work of art:
Construction of does not constitute
publication, p. 10:20. Included in " artistic work, " p. 32:10. Interpretation of term, p. 32:15. Issue of photographs and engravings does not constitute publication, p. 10:25. Making or publishing of paintings,
drawings, etc., of, p. 11:1. See also BuUding. Arrangement of music, right to make, p.
41:15. Article contributed to periodical. See Periodical contributions.
Artistic craftsmanship, work of:
Infringement of copyright, p. 10:45. Included in "artistic work, " p. 32:10. Artistic work:
Copyright in, p. 9:15.
Copyright in, a statutory right, p.
31:5. Exhibition in public does not consti- tute publication, p. 10:20. Fine Arts Copyright Act, 1862, p. 37:5. International copyright, p. 29:10. Interpretation, p. 32:10. Mould, cast, sketches or studies for,
p. 10:35. Right to convert into dramatic work,
p. 10:5. Assignee of author:
Of musical work, p. 23:25. Publication without consent of, p.
33:20. Assignment of copyright:
Existing at commencement of act of
1911, p. 25:30. In collective work, p. 14:5. In musical work, p. 23:20. Must be in writing, p. 13:30. Not operative beyond 25 years after
author's death, p. 13:40. Owner may assign, p. 13:25. Partial assignment, p. 14:10. Australia, p. 33:15. Author:
Assignment before act of 1911, p.
25:30. Assignment of copyright not opera- tive beyond 25 years after his
death, p. 13:40. British subject or resident, p. 9:20;
p. 27:20. Copyright subsists during life of, and
50 years after death, p. 12:10. Employed by another person, p.
13:15. First owner of copyright, p. 13:1. Foreign, p. 29:15.
45
46
INDEX.
Author — Continued .
Foreign, first publishing in British
dominions, p. 25:5. In case of mechanical instruments,
defined, p. 20:40. Includes legal personal representa- tives of deceased author, p. 26:40. Legal personal representatives of, p.
14:1; p. 23:25; p. 26:40; p. 33:20. Name indicated on work, p. 14:35, Name not indicated on work, p. 14 :40. Of artistic work, when not cop>Tight
owner, p. 10:35. Of collective work, p. 32:30. Of essay, article, etc., published in
periodical, p. 34, footnote. Of literary work protected against
unfair use, p. 11:10. Of musical work assigned before act
of 1911, p. 23:25. Of periodical contribution, p. 13:20. Of photc^raph, p. 24:30. Of unpublished work, p. 9:20. Publication or performance without
consent of, p. 33:20. Republication of work after death of,
p. 12:15. License for, p. 12:30. Resident in British pKieeeseion. See
Residence. Work of joint authorship, p. 19:20. Board of Trade:
Reflations for deposit of copies, p.
19:1. Regulations for mechanical instru- ments, p. 22:35. Regulations for payment of royalties,
p. 12:25; p. 22:10; p. 22:35. Bodleian Library. Oxford, delivery of
copy to, p. 18:20. Body corporate:
Owner of mechanical instruments,
p. 21:1. Owner of photograph, p. 24:30. Book:
Definition of, p. 19:10.
Deposit in British Museum must be
complete, p. 18:30. Deposit of foreign, p. 30:1. Gratuitous copies for libraries, p. 31:
30. Published in parts, deposit of copies,
p. 18:25. Publisher must deliver one copy to
British Museum, p. 18:10.
Book — Continued .
See also Literary work. British Museum . Book must be delivered
to, within one month, p. 18:10. British possessions:
Application of act of 1911 to, p. 27:5. Definition of "self-governing domin- ion, " p. 33:15. First publication in, p. 28:45. Importation into, p. 18:5. May repeal any copyright enactment,
p. 27:35. See also Dominion. Building:
Included in "architectiu-al work of
art, "p. 32:15. Infringement of copyright in, by con- struction, p. 15:25. Paintings, drawings, etc., situate in. See Paintings. Cambridge University Library. Deposit
ofcopyfor, p. 18:20. Canada, p. 33:10. Cast:
Author's right to use, p. 10:35. Included in "work of sculpture, " p. 32:10. Certificate of legislation in British domin- ion, p. 27:30. Channel Islands, p. 34:15. Chart:
Included in "book, " p. 19:10. Included in "literary work, " p. 31:40. Choreographic work included in "dra- matic work," p. 32:5. Cinematograph:
Definition of, p. 32:25.
Production included in "dramatic
work," p. 32:5. Right to make film, p. 10:10. Civil remedies for infringement, p. 14:15. Collective work:
Assignment of , p. 14:5. Definition of, p. 32:30. Publication in, of passages from pub- lished literary works, p. 11:5. Colonies. See British possessions. Common law rights:
Abrogation of, p. 31:1. Included in "copyright," p. 35:5. Compilation included in "literary work,"
p. 31:40. Complaint, owner refuses to republish, p. 12:30.
INDEX.
47
ConBtniction of architectural work of art,
p. 10:20; p. 15:25. Contribution :
To periodical, p. 13:15; p. 34: foot- note. To work of joint authorship, p. 19:40. Contrivances for mechanical instruments.
See Mechanical instruments. Convention for international copyright
protection, p. 29:30. Copies, deposit of. See Dep>08it. Copies, infringing:
Court may order destruction, p. 16:30. Definition of, p. 32:40. Property of owner of copyright, p. 15:5. Copyright :
Common law rights, p. 31:1; p. 35:5.
Definition of, p. 9:30; p. 34:40.
In works made before act of 1911, p.
27:1. A statutory right, p. 31:5. Corporation. See Body corporate. Costs shall be in discretion of the court,
p. 14:25. Cotirt:
Costs are in discretion of the, p. 14 :25. May grant search warrant, p. 42:15; p. 42:40. Court of summary jurisdiction: Definition of, p. 44:5. May authorize seizure of infringing copies of musical work, p.. 40:25. Craftsmanship, artistic. See Artistic
craftsmanship. Criticism, fair use of work for, does not
constitute infringement, p. 10:30. Customs. See Importation. Cyprus, copyright protection in, p. 29:1. Damages:
For detention of copies imported, p.
17:40. For infringement, owner entitled to, p. 14:20. Date of effect of act of 1911, p. 34:10. Definition :
Of "architectural work of art," p.
32:15. Of "artistic work," p. 32:10. Of "book," p. 19:10. Of "chief officer of police," p. 43:35. Of "cinematograph," p. 32:25. Of "collective work," p. 32:30.
Definition — Continued .
Of "copyright," p. 9:30; p. 34:40. Of "court of summary jurisdiction,"
p. 44:5. Of "delivery," p. 33:1. Of "dominion to which this act ex- tends," p. 28:35. Of "dramatic work," p. 32:5. Of "engravings," p. 32:20. Of "infringing," p. 32:35. Of "lecture," p. 33:10. Of "literary work," p. 31:40. Of "musical copyright," p. 41:5. Of "musical work," p. 43:20. Of "performance," p. 32:40. Of "performing right," p. 35:5. Of "photograph," p. 32:25. Of "pirated copies" of music, p.
43:15. Of ' 'pirated musical work, " p. 41:20. Of "plate," p. 33:5. Of "plates" for musical work, p.
43:25. Of "publication," p. 10:15. Of "self-governing dominion," p.
33:10. Of "work of joint authorship," p.
19:40. Of "work of sculpture," p. 32:10. Delivery, mechanical. See Mechanical
instruments. Delivery of copies. See Deposit of
copies. Delivery of lecture. See Lecture. Deposit bf copies:
One CQ^y, within one month, to
British Museum, p. 18:10. Compensation to libraries for loss of
right to, p. 31:30. For university libraries may be de- manded, p. 18:15. Of foreign books, p. 30:1. Penalties for failure to deposit, p. 19:5. Design of artistic work, p. 10:40. Designs, registration of, p. 24:40. Destruction:
Of infringing copies or plates, p.
16:30. Of unlawful copies of musical work, p. 40:30; p. 41:5; p. 43:10. Dictionary included ' in "collective work," p. 32:30.
48
INDEX.
Distribution:
For purposes of trade, infringement
of copyright, p. 11:35. Of infringing copies, penalties for, p. 16:1. Domicile. See Residence. Dominion to which this act extends: Defined, p. 28:35. Self-governing —
Copyright in, p. 9:25. Definition of, p. 33:10. Date of effect of act of 1911, p. 34:15. See also British possessions. Dramatic work:
Copyright in, p. 9:15.
Copyright in, a statutory right, p.
31:5. Definition of, p. 32:1. Definition of "performance," p.
32:40. International copyright, p. 29:15. License to republish, p. 12:30. Mechanical performance of, right to
make contrivances for, p. 10:10. Performance in public does not con- stitute publication, p. 10:20. Posthumous, p. 20:5. Right to convert into novel or other nondramatic work, or vice versa, p. 10:5. Drawing:
Fine arts copyright act, 1862, p. 37:5. Included in "artistic work," p.
32:10. Of work of sculpture or artistic crafts- manship or architectural work of art, p. 10:40. Dublin, Trinity College. Deposit of
copies, p. 18:20. Duration of copyright. See Term of
copyright. Edinburgh, Advocates Library. Deposit
of copies for, p. 18:20. Edition, second or subsequent, p. 19:10. Educational purposes, publication of pas- sages from literary works for, p. 11:5. Employer, owner of copyright, p. 13:15. Encyclopediar.
Deposit of copies, written demand
for, p. 18:25. Included in "" collective work," p.
32:30. See also Book.
Engravings:
Contained in book, p. 19:15. Definition of, p. 32:20. Included in "artistic work," p. 32:10. Of work of sculpture or artistic crafts- manship or architectural work of art, p. 10:25: p. 10:40. Ordered made for valuable considera- tion, ownership of, p. 13:5. Posthumous, p. 20:5. Entertainment in dumb show, p. 32:5. Entertainment, place of. See Theater. Essay, p. 34, footnote. Etchings, included in 'engravings," p.
32:20. Evidence, prima facie, p. 20:20. Executors of author, p. 33:20. Exhibition in public:
Infringement of copyright, p. 11:35;
p. 16:5. Of artistic work, does not constitute publication, p. 10:20. Existing works :
Copyright in, p. 25:15; p. 34:25. International copyright, p. 30:15. Exposure for sale or hire. See Exhibi- tion. Extract from published work, reading or
recitation in public, p. 11:5; p. 11:30. Fine arts. See Artistic work. First publication. See Publication. Foreign authors first publishing in British
dominions, .p. 25:5. Foreign country:
Application of act of 1911 to, p. 9:25. Copyright in musical work, p. 23:45. Importation of works manufactured
in, p. 27:30. Protection of British works in, p.
25:5. Works first published in, p. 29:10. Forfeiture:
Of imported copies, p. 17:15. Of unlawful copies of music, p. 41:5; p. 43:10. Formalities:
Order in council may provide, p.
30:5. See oho Deposit of copies; Registra- tion. Government publications, copyright in,
p. 20:30. Grant. See Assignment. Hire, importation for, p. 11:40.
INDEX.
49
Hire, let for:
Infringement of copyright, p. 11:30. Penalties for infringing copies, p. 15:40. Illustrations, book deposited in British
Museum must contain all, p. 18:30. Imitation, colorable, p. 32:40. Imperial copyright, p. 9:10. Importation :
Customs consolidation act, 1876, p.
17:10; p. 39. Infringement of copyright, p. 11:40;
p. 32:40. Into United Kingdom of infringing
copies, p. 17:5. Of translation, p. 30:20. Penalties for unlawful, p. 16:5. Regulations by Commissioners of Cus- toms, p. 17:15. Under law of British dominions, p. 27:30. Imprisonment:
For infringement of copyright, p.
16:15; p. 16:25. For printing or selling pirated music, p. 42:5. • Industrial designs, p. 24:40. Infringement of copyright:
By importation, p. 11:40; p. 16:5. By mechanical instruments, p. 24:20. Civil remedies for, p. 14:15. Construction of building, etc., p.
15:25. Definition of "infringing," p. 32:35. Infringing copies become property of
owner of copyright, p. 15:5. Innocent infringer, p. 15:15. Limitation of action, p. 15:35. Newspaper report of political address
not an, p. 24:25. Not implied if notice of reproduction after certain period is given, p. 12:15. Of musical works, act of 1902, p. 40. Act of 1906, p. 41. By mechanical instruments, p. 21:5. Of works of art, p. 37:5. Penalties for, p. 15:40. Sell, distribute, exhibit, etc., p.
11:30. University copyright, p. 31:25. What constitutes, p. 10:25. What does not constitute, p. 10:30.
Injunction:
In case of infringement, p. 14:20. In case of innocent infringer, p.
15:15. Not obtainable for infringing con- struction of building, p. 15:25. Interdict. See Injunction. International copyright, p. 29:10.
See also Foreign country. Interpretation, p. 31:40.
See also Definition. Ireland, appeal in copyright suit, p,
16:40; p. 42:35. Isle of Man, p. 18:1. Joint authorship:
Defined, p. 19:40. Married woman, p. 20:5. Posthumous works, p. 20:10. Term of copyright, p. 19:20. Works for mechanical reproduction, p. 22:25 Judicial Committee of Privy Council may order grant of license to republish, p. 12:35. Jurisdiction of coiu-ts, "Coiu^ of sum- mary jiuisdiction " in case of musical infringement, p. 40:25; p. 42:40. Lecture:
Definition of "delivery" ^f, p. 33:1. Delivery in public, p. 10:20; p. 33:20. Includes address, speech, and ser- mon, p. 33:10. Newspaper report, p. 11:15; p. 24:25. Posthumous work, p. 20:10. Right to deliver, p. 9:30. Let for hire. See Hire. Libraries:
Gratuitous copies of books for, p.
31:30. See also Deposit of copies. License:
Compulsory, for republication or per- formance, p. 12:40. Compulsory, for works of joint au- thorship, p. 19:25. Owner of copyright may grant right by, p. 13:30. Limitation of action, p. 15:35. Literary work:
Copyright in, secured, p. 9:15. Copyright in, a statutory right, p.
31:5. International copyright, p. 29 15. Interpretation of term, p. 31:40.
50
INDEX.
Literary work — Continued.
License to republish, p. 12:30. Mechanical performance of, right to
make contrivances for, p. 10:10. Posthumous work, p. 20:5. Publication of passages from, p. 11 :10. See also Book. Lithographs included in "engravings,"
p. 32:20. London Gazette:
Notice of assigned copyrights, p.
26:20. Notice of legislation by self-govern- ing dominion, p. 27:20. Order in council to be published in p. 31:20. Magazine:
Contribution to, p. 13:20; p. 34, foot- note. Deposit of copies, p. 18:25. Included in "collective work," p. 32:30. Man, Isle of, p. 18:1. Manufacture, restrictions in legislation of
British dominions, p. 27:30. Manuscript of posthumous work, p. 20:20. Map:
Included in expression "book," p.
19:10. Included in "literary work," p. 31:40. Maps, book deposited in British Museum
must contain all, p. 18:30. Married woman as joint author, p. 20:5. Material form, right to produce in any,
p. 9:30. Matrix, included in term "plate," p. 33:5. Mechanical instruments: Copyright in, p. 20:35. Delivery of lecture by, p. 33:1. Made before act of 1911, p. 24:5. Musical works assigned before act of
1911, p. 23:20. Not included in expressions "pi- rated copies" and "plates," act of 1906, p. 43:30. Notice of user of miisical work for, p.
21:15. Representation by, included in term
"performance," p. 32:45. Right to make, p. 10:15. Royalties, p. 21:15; p. 21:40. Term of copyright in, p. 20:40,
Model for artistic work:
Author's right to use, p. 10:35. Included in "work of sculpture," p. 32:10. Model for building or structure, p. 32:15. Mould for artistic work, right of author to
use, p. 10:35. Moving pict urea . See Cinematograph . Music, sheet of, included in "book," p.
19:10. "Musical copyright, " definitionof,p. 41:5. Musical copyright act, 1906, p. 41:35. Musical (summary proceedings) copy- right act, 1902, p. 40:20. Musical work:
Assignment of, p. 23:20. . Copyright in, secured, p. 9:15. Copyright in, a statutory right, p.
31:5. Definition of, p. 41:15; p. 43:20. Foreign country, p. 23:45. Infringement —
Acts of 1902 and 1906 remain in
force, p. 16:35. Act of 1902, text, p. 40:20. Act of 1906, text, p. 41:35. By mechanical instruments, p. 21:5. International copyright, p. 29:15. License to republish, p. 12:30. Mechanical instruments for reproduc- tion of, p. 20:35. Mechanical performance of, right to
make contrivances for, p. 10:10. Notice of intention to reproduce
mechanically, p. 21:15. Performance in public does not con- stitute publication, p. 10:20. Posthumous, p. 20:5. Procedure in case of infringement,
p. 40:20; p. 42:40. Published before act of 1911, p. 23:1. Right to make new adaptation, etc.,
p. 41:15. Royalties for mechanical instru- ments, p. 21:40. Seizure of pirated copies, p. 40:25; p.
43:5. Words included, for mechanical re- production, p. 21:30. See also Mechanical instruments; Per- forated roll. Name of author, p. 14:35.
INDEX,
51
National Library of Wales: Deposit of copies, p. 18:25. Not entitled to all books published, p. 18:40. Negative. See Photc^raph. New Zealand, p. 33:10. Newfoundland, p. 33:15. Newspaper:
Address of political nature may be
reported in, p. 24:25. Contribution to, p. 13:20. Deposit of copies, p. 18:25. Included in "collective work," p.
32:30. Lecture may be reported in, unless
expressly prohibited, p. 11:15. Notice to be published in London,
p. 26:20. Summary in, does not constitute in- fringement, p. 10:35. Notice:
In London newspapers, p. 26:20. Of continued publication or perform- ance of assigned works, p. 25:45; p. 26:20. Of detention of imported articles,
p. 17:40. Of intention to reproduce a published
work, p. 12:15. Of legislation by self-governing do- minion, p. 27:20. To prohibit newspaper report of lecture, p. 11:20. Notice of user:
Board of Trade may make regulations,
p. 22:40. Of musical work for mechanical re- production, p. 21:15. Novel, right to convert into dramatic
work or vice versa, p. 10:5. Omissions from musical work, p. 23:5. Order in Council :
For copyright in self-governing do- minions, p. 28:5. Necessary for application of act of 1911 to self-governing dominions, p. 9:25. Relating to foreign country, mechan- ical reproduction of musical work, p. 23:45. To extend act of 1911 to foreign
country, p. 29:10. To extend act of 1911 to British protectorates, p. 29:1.
Owner of copyright:
Author shall be first, p. 13:1.
Employer, p. 13:15.
Entitled to all infringing copies,
p. 15:10. In case of mechanical instruments,
p. 20:40. In existing works assigned, p. 25:40. In music, entitled to infringing
copies, p. 40:30. May assign copyright, p. 13:25. Refusal to republish or allow per- formance, p. 12:35. Owner of manuscript of posthumous work,
p. 20:20. Ownership:
Law of foreign country, p. 30:10. Prima facie, p. 14:30. Oxford University, Bodleian Library, de
livery of copy to, p. 18:20. Painting:
Fine arts copyright act, 1862, p,
37:5. Included in "artistic work," p. 32:10. Of work of sculpture or artistic crafts- manship or architectural work of art publicly exposed, p. 10:40. Pamphlet, included in "book," p. 19:10. Passages from published literary works.
See Extracts. Patents and designs act, 1907, p. 24:40. Penalties:
Destruction of infringing copies, p.
16:30. Fine or imprisonment, p. 16:15; p.
16:25. For being in possession of pirated
music, p. 41:40.' For dealing with infringing copies,
etc., p. 15:40. For failure to deposit copies, p. 19:5. For fraudulent works of art, p. 37:20. See also Infringement. Perforated roUs for mechanical instru- ments: Copyright in, p. 20:35. Foreign countrj-, p. 24:1. Included in term "plate," p. 33:5. Not included in expressions "plates," or "pirated copies," p. 43:30. Right to make, p. 10:10. Made prior to act of 1911, p. 24:5.
52
INDEX.
Performance:
Definition of, p. 32:40; p. 33:20. In public, does not constitute publi- cation, p. 10:20. Mechanical. See Mechanical instru- ments. Of work assigned before act of 1911,
p. 26:5. Right to convert work into dramatic
work by way of, p. 10:10. Right to perform, p. 9:30. Performing right defined, p. 35:5. Periodical, included in "collective
work," p. 32:30. Periodical contributions, p. 13:20; p. 34,
footnote. Photograph :
Author of, p. 24:30.
Definition of, p. 32:20.
Fine arts copyright act, 1862, p. 37:5.
Included in "artistic work," p. 32:10.
Not included in "engravings," p.
32:20. Of sculpture or architectural works, issue of does not constitute publi- cation, p. 10:25. Of work of sculpture or artistic crafts- manship or architectural work of art publicly exposed, p. 10:40. Ordered made for valuable consider- ation, ownership of, p. 13:5. Term of copyright in, p. 24:30. Photo-lithograph, included in "photo- graph," p. 32:25. Piracy. See Infringement. Plan:
For artistic work, author's right to
use, p. 10:35. Included in expression "book," p.
19:10. Included in "literary work," p. 31:40. Plates:
Definition of, p. 33:1; p. 43:25.
For infringing copies, p. 15:5; p.
16:30. For mechanical instruments, p. 20:40. For printing or reproducing pirated music, penalty for owning, p. 42:1. Of engraving, photograph or por- trait, ownership of, p. 13:5. Political address, newspaper report of, p.
24:25. Portrait ordered made for valuable con- sideration, ownership of, p. 13:5. Posthumous works, p. 20:5.
Prima facie ownership, p. 14:30; p. 20:20. Prints:
Contained in book, p. 19:15. Included in "engravings," p. 32:20. Privy council, judicial committee of the,
may grant license, p. 12:35. Proclamation in British possession, p. .
34:20. Produce, right to, p. 9:30. Proof. See Evidence. Proprietor of copyright. See Owner. Proprietor of work when author's name
is not stated, p. 14:40. Protectorates, British, extension of act of
1911 to, p. 29:1. Public reading or recitation of extract from published work allowed, p. 11:30. Publication:
Definition of, p. 10:15; p. 33:20. First, in British dominions copyright secured, p. 9:20. Of works of foreign authors, p.
25:5. Supplemental l^slation, p. 28:45. First, in foreign country, p. 29:10. Of passages from published literary
work, p. 11 :5. Of report of lecture publicly deliv- ered, p. 11:15. Simultaneous, or first, p. 33:25. Published work:
CopjTight secured, p. 9:20. May be reproduced after 25 or 30 years under certain conditions, p. 12:10. Publisher:
Liable for failure to deposit, p. 19:5. Must deliver copy to British Museum,
p. 18:10. Of collective work for schools, p. 11:5. Owner, when author's name is not indicated, p. 14:40. Reading in public, extract from pub- lished work, p. 11:30. Receipt for copy delivered to British
Museum, p. 18:10. Reciprocal protection in British posses- sions and foreign countries, p. 28:10; p. 29:30. Recitation:
Of extract from published work, p.
11:30. Piece for, included in dramatic work, p. 32:5.
INDEX.
53
Records for mechanical instruments: Copyright in, p. 20:35. Foreign country, p. 24:1. Included in term "plate," p. 33:5. Not included in the expressions "pirated copies" and "plates," p. 43:30. Made before act of 1911, p. 24:5. Right to make, p. 10:10. Registration of designs, p. 24:40. Regulations:
By Board of Trade—
For deposit of copies, p. 19:1. For mechanical instruments, p.
22:35. For royalties, p. 12:20; p. 22:10. By Commissioner of Customs for im- portation, p. 17:15. For reprodiiction and royalties, p. 12:25. Remedies:
Civil, for infringement, p. 14:15. For enforcing rights in British do- minions, p. 27:30. Repeal by legislature of self-governing
dominion, p. 27:35. Repealed acts, p. 34:1; p. 35:10. Report of lecture. See Lecture. Representation:
By means of mechanical instrument, included in term "performance," p. 32:45. See also Performance. Representatives of author:
In case of assignment, p. 23:25. Included in term "author, " p. 26:40. Reversionary interest to, p. 14:1. Reproduce, right to, p. 9:30. Research, fair use of work for, does not
constitute infringement, p. 10:30. Residence or resident:
Definition of, p. 33:45. In British dominions, p. 9:20; p. 25:10; p. 27:20; p. 28:10; p. 28:40. In foreign country, p. 29:20. In case of unpublished work, p. 33:40. Of body corporate, p. 24:35. Review:
Deposit of copies, p. 18:25.
Essay or article published in, p. 34,
footnote. Fair use of work for purposes of, p.
10:30. Included in "collective work," p. 32:30.
Roll, perforated. See Perforated roll. Royalties:
For mechanical reproduction, p.
21:15; p. 21:40. For music published prior to act of
1911, p. 23:10. For republishing copyright work, p.
12:20. For works assigned before act of 1911, p. 26:10. Sale:
Importation for, p. 11:40. Infringement of copyright by ill^al,
p. 11:30. Penalties for unlawful, p. 15:40. Schools, publication of extracts for use of,
p. 11:5. Scotland, appeal in copyright suit, p.
16:40. Sculpture, work of:
Included in "artistic work," p.
32:10. Includes casts and models, p. 32:10. Issue of photographs and engravings does not constitute publication, p. 10:25. Making or publishing of paintings, etc., of, when publicly exposed, p. 10:45. Seizure:
Of pirated copies of music, p. 40:25. Of unlawful copies of musical work,
and plates, p. 43:5. See also Infringement. Self-governing dominion. See British
possessions. Sermon included in " lecture, " p. 33:10. Sheet of letter-press included in expres- sion "book," p. 19:10. Sheet of music included in expression
"book," p. 19:10. Simultaneous publication, p. 33:25.
See also Publication, first. Sketch for artistic work, author's right to
use, p. 10:35. Speech included in "lecture," p. 33:10. Statutory right, p. 31:5.
See also Common law right. Stereotype plate, p. 33:1. Structure. See Building. Study for artistic work, author's right to
use, p. 10:40. Subject-matter of copyright: Literary, dramatic,' musical and artistic work, p. I .9:15.
54
INDEX.
Substituted right:
Sec. 24, act of 1911. p. 25:20. First schedule, p. 34:25. Summary, newspaper, p. 10:35. Summary remedies, p. 15:40. Table:
Included in expression "book," p.
19:10. Included in "literary work," p. 31:40. Term of copyright:
General, life of author and 50 years
after his death, p. 12:10. In existing works, p. 25:20. In existing works assigned, p. 26:5. In mechanical contrivances, p. 20:40. In photographs, p. 24:30. In posthumous works, p. 20:5. In work acquired by assignment, p.
13:40. In work of joint authorship, p. 19:20. International copyright, p. 29:40. Mechanical contrivances, royalties
for, p. 22:10. PubUshed work, 25 or 30 years after author's death may be reproduced on payment of royalties, p. 12:15. Publisher of collective work cannot take more than two extracts from same author within five years, p. 11:10. Theatre, performance in, without consent
of copyright owner, p. 12:5. Title describing works for use in schools,
p. 11:5. Trade, to distribute for purposes of, p. 11:35.
Translation:
Production or importation of, p.
30:20. Right to produce, reproduce, per- form, or publish, p. 10:5. Trinity College, Dublin, deposit of copies,
p. 18:20. Union of South Africa, p. 33:15. University copyright, p. 31:25. Unpublished work:
By British subject or resident, p.
9:20; p. 33:40. Copyright in, a statutory right, p.
31:5. Right to publish, p. 10:1. Wales, National Library of, deposit of
copies, p. 18:25; p. 18:40. Warrant:
Not required for seizure of infringing
copies of music, p. 40:30. Not required for arrest of infringer of
music, p. 42:15. Search, may be granted by court, p. 42:40. Will, assignment made by, p. 13:40. Woman, married, as joint author, p.
20:5. Wood-cuts included in "engravings,"
p. 32:20. Words of musical work, p. 21:30. Work of joint authorship. See Joint
authorship. Work of sculpture. See Sculpture. Year book included in "collective work," p. 32:30.
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