5717.
PUBLIC RECORD OFFICE
CO.
Reference :-
885
MY LORD,
No. 24.
(CANADA.)
LAW OFFICERS to COLONIAL OFFICE.
Lincoln's Inn, 22nd May 1874. We are honoured with your Lordship's commands, signified in Sir Henry Holland's letter of the 19th instant, stating that he was directed by your Lordship to transmit to us the copy of a Bill" to amend the Act respecting copyright," passed in 1872 by the Parliament of Canada, but reserved for the signification of Her Majesty's pleasure; and of a despatch of June 7th, 1872, from Lord Lisgar, enclosing a Minute of the Privy Council of Canada upon this Bill.
2. As we are aware the Imperial Copyright Act, 5 & 6 Vict. c. 45, is still in force in its integrity throughout the British dominions, in so far as it prohibits the printing in any part of such dominions a book in which there is subsisting copyright under that Act, without the consent of the proprietor, although the provision in that Act which prohibits the importation of foreign copies of British copyright works is modified by the subsequent Act of 10 & 11 Vict. c. 95.
3. The Canadian Parliament in 1868 passed a Copyright Act (31 Vict. c. 54.), a copy of which was enclosed for our information, and this Act was allowed to remain in operation.
4. It was in substance no more than a re-enactment for the whole Dominion of provisions which had previously been in force in one or more of the Provinces; and, while giving a copyright throughout Canada to works published in the Dominion, it did not affect the protection against piracy afforded by the Imperial Act in respect of works published in the United Kingdom,
5. It will be seen, however, that the Bill of 1872, now under consideration, directly authorizes the printing and publishing in Canada of works of which there is subsisting copyright in the United Kingdom; and although such printing and publication is mado subject to a license from the Governor-General, and to any regulations which he may make, and to certain other restrictions, yet the question remains whether it is not in direct variance with the Imperial Act, and whether Her Majesty can properly be advised to assent to it.
6. As bearing upon this question, Sir Henry Holland was directed to transmit to us Colonial a copy of a Parliamentary Paper of 29th July 1872, and to direct our special attention Copyright, to an opinion of Sir R. Palmer and Mr. Herschell of the 7th November 1871, which 29 July 1872 we find at page 74.
7. Sir Henry Holland further stated that your Lordship has received telegraphic intelligence that Addresses from both Houses of the Canadian Parliament are to be presented requesting Her Majesty to assent to the Bill, and Sir Henry Holland was to request that we would take these papers into consideration, and report to your Lordship,--
1st, whether Her Majesty may properly be advised to assent to this Bill; and, 2nd, should we be of opinion that such assent should not be given, the grounds upon which our opinion is based, so that they may be communicated to the Canadian Government. 8. Sir Henry Holland stated that your Lordship would feel much obliged if we would give this question our earliest and careful attention, as the Bill, if not assented to, will expire on the 14th June.
In obedience to your Lordship's commands we have taken these papers into con- sideration, and have the honour to
No. 339.
Report
12 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
That-
1. We are of opinion that Her Majesty should be advised not to assent to the Bill
submitted to us.
2. The grounds upon which we base this opinion are that as the Act of the Imperial Parliament 5 & 6 Vict. c. 45. is in force in Canada, and protects works in- ported into the Dominion in which there is copyright from piracy, a law of the
▲ 12916.-25. 25.-12/84.
2
6828.