1028
Dear Sir,
THE HONGKONG GOVERNMENT GAZETTE, 30TH OCTOBER, 1886.
No. 2.
Mr. Daldy to Mr. Bourke.-(Received December 26.)
Aldine House, Belvedere, Kent, December 26, 1885.
I HAVE the pleasure of sending you herewith the Copyright Owners' Memorial to Lord Salis- bury, and I avail myself of this opportunity to thank you for the personal practical interest you have taken in the subject. Will you kindly bring the Memorial under his Lorship's notice at a fitting opportunity?
No. 3.
I
am,
&c.
(Signed)
F. R. DALDY.
Sir,
Sir J. Pauncefote to Mr. Daldy.
Foreign Office, January 9, 1886.
I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 26th ultimo, inclosing a Memorial praying that such steps may be taken by Her Majesty's Government as may seem desirable to insure an amelioration of the Law of Copyright; and I am to acquaint you, in reply, that Her Majesty's Government have decided to propose to Parliament legislation with the view to amend the existing Law, and to enable Great Britain to become a party to the proposed * International Copyright Union.
I am to add that papers on this subject will be laid before Parliament at the commencement of the Session.
70
I am, &c.
(Signed)
JULIAN PAUNCEFOTE.
Sir,
No. 4.
Sir J. Pauncefote to Sir R. Herbert.* †
Foreign Office, March 4, 1886. ba!
I AM directed by the Earl of Rosebery to transmit to you, to be laid before Earl Granville, copies of correspondence recently presented to Parliament respecting the formation of an International t Copyright Union.‡
f
Her Majesty's Government have decided that it will be desirable for Great Britain to become one of the Signatory Parties of the draft Convention agreed to last year at the Berne Conference, and that*** for this purpose it will be best, in view of the exigencies of the present Session, to confine the necessary legislation to a simple amendment of existing Copyright Law, calculated to meet the terms of the Convention.
This amendment will be practically-confined to the International Copyright Acts, 7 and 8 Vict., cap. 12, and 15 and 16 Vict., cap. 12, and the nature of the changes required will be apparent on a perusal of the Report of the British Delegates.
Article XIX of the draft Convention provides for the accession of the Colonies and foreign possessions of the Contracting States; and it is necessary, before deciding on the exact terms of the amending Act, to settle how the points which affect the British Colonies should be treated.
As the existing British Copyright Acts extend to all parts of Her Majesty's dominions, the Earl of Rosebery is disposed to think that many difficulties of detail would be avoided if, at the moment of signature of the Convention, a notification were made to the effect that the accession of Great Britain would comprehend all the Colonies and foreign possessions of Her Majesty. If the Amendment Act were now drafted with this view, the opportunity would be taken to remove an anomaly in the existing Law, by providing that first publication in any of the Colonies and foreign possessions of Her Majesty should give title to copyright throughout the British dominions, and consequently (when the International Convention is ratified) throughout the Copyright Union. Such legislation would meet the just complaint of the Colonies that, according to existing Imperial Law, first publication in the United Kingdom gives title to copyright in all British Colonies; whilst if such first publication takes place in a Colony, the title to copyright in the United Kingdom is irretrievable lost.
The proposed amendment of the Imperial Copyright Law, and the accession to the International Alt Union of Great Britain on behalf of all British Colonies and possessions, would not preclude local colonial legislation where desirable, so far as such legislation should not conflict with the terms of the
T Imperial Acts or of the International Convention.
* Also to India Office, mutatis mutandis.
† Copy to Board of Trade.
"Switzerland No. 1 (1886)."
Kirt