1032
Copyright Bill.
First question, municipal copy- right.
Second question, International Copyright,
THE HONGKONG GOVERNMENT GAZETTE, 30TH OCTOBER, 1886.
Works of art and other questions.
The other matters regulated by the Convention may for the present purpose be disregarded.
The Convention reserves power to the Queen to accede to it on behalf of all or any of the Colonies.
A Bill has been introduced for the purpose of making such alterations in the Imperial Acts as will enable the Queen to accede to the Convention, and it is proposed to take this opportunity of removing the present injustice to the Colonies which is above mentioned.
Two questions arise :—
First, as respects British Imperial copyright, i.e., the rights of authors of books first produced in any part of the British Empire.
Secondly, international copyright, i.e., the rights in the Queen's dominions of authors of books first produced elsewhere, and the right in foreign countries of authors of books first produced in the Queen's dominions.
As regards the first question, namely, British Imperial copyright, it seems obviously unnecessary to dwell on the advantages of making the Empire one for the purposes of copyright. Indeed, any other system seems to lead to what may be termed inter-colonial piracy, and would tend to create as between the Colonies the same difficulties which the Berne Conference has sought to remove as between all civilized States.
The Bill, as introduced, deals (clauses 8 and 9) with copyright as an Imperial question, by providing that colonial authors shall have the same rights as English authors under the Imperial Copyright Acts, with the exception that books first produced in a Colony need only be registered according to the colonial law, and need not be delivered to English libraries.
The effect of this provision will be not only to give colonial authors full rights throughout the whole British Empire, but also to make the Law of Copyright uniform throughout the Empire, as the Berne Conference desired to do for all civilized States.
At the same time, the Bill (by the last sub-Section of clause 8) preserves to each Colony its present power of legislating for the copyright, within the limits of the Colony, of books produced there; but any such legislation will not, any more than at present, affect the copyright in the Colony of books first produced in the United Kingdom, and also will not affect books first produced in other Colonies. If the Colonies do not desire to retain the power of legislation on copyright as above indicated, the sub-Section might be omitted.
If any Colony prefers to stand out and to forego the benefits offered by the present Bill, the clause printed at the end of this Memorandum might be inserted in the Bill to allow of such exception. The effect would be that the British Empire would be one for the purposes of copyright with the exception of any Colony or Colonies which desired so to stand out, and these Colonies would then remain in their present legal position.
The Bill, however, contains a saving for existing colonial laws, and enables the Queen to modify the application of the British Copyright Acts so as to provide for the cases of such laws.
The second question which arises upon the Bill as regards the Colonies relates to the application of the International Copyright Acts to the Colonies.
The Bill (clause 9) proposes that the International Copyright Acts and the Berne Convention (or any separate Copyright Treaties) shall apply to every Colony unless excepted by Order in Council, an Order which would be made upon the application of the Colony.
The foregoing Memorandum is confined to copyright in books. In respect of paintings, Colonies are not in the same disadvantageous position as they are in respect of books, but it seems unnecessary for the present purpose to go into minor questions connected with works of art or dramatic performances.
I
April 8, 1886.
(Signed)
H. JENKYNS.
[Clause above referred to.]
Exception of certain Colonies.
After clause 8 insert the following clause :-
after
It shall be lawful for Her Majesty by Order in Council, made within
one year a the passing of this Act, to declare that the provisions of this Act, so far as the same apply the Copyright Acts to works first produced in a British possession, shall not apply to the British possession named in the Order, or to works first produced in that possession.
Exter