PUBLIC RECORD OFFICE
Reference :-
TLC.O-885
17 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Application
of Act to colonies
possessing responsible Govern-
ment.
Proclama-
48079.
SIR,
172
No. XIX.
Copyright Legislation.*
No. 1.
BOARD OF TRADE to COLONIAL OFFICE.
(Received December 31, 1906.)
Board of Trade (Railway Department),
7, Whitehall Gardens, London, S.W.,
December 29, 1906.
I AM directed by the Board of Trade to refer to your letters (Nos. 7292/1902 and 875/1904) of the 26th February 1902 and 16th January 1904, inquiring what amendments they would propose to make in the Copyright Bills of 1900 in order to meet the objections raised by Canada and other self-governing Colonies to the clauses applying the provisions of the Bills to British Possessions.
I am now to forward copies of clauses which have been drafted in substitution for those to which exception was taken, and to suggest for Lord Elgin's consideration that, in view of a possible discussion on the subject of Copyright at the forthcoming Colonial Conference, it
may be desirable to communicate them to the self-governing Colonies without delay.
It is not at present proposed in any legislation which may be introduced on the subject of Copyright to depart in other respects from the general lines of the Bills of 1900, the other clauses of which were in the main approved by the Colonies.
I have, &c.,
Enclosure in No. 1.
COPYRIGHT.
WALTER J. HOWELL
Draft Clauses proposed to be inserted in Literary and Artistic Copyright Bills for applying them to British Possessions.
A. (1) Nothing in this Act shall affect any right of the legislature of any colony possessing responsible government to legislate respecting copyright within that colony of works first produced in that colony.
(2) Any such legislature may adopt the provisions of this Act either without modifications, or subject to such modifications as may seem necessary, to adapt the provisions of this Act to the local requirements of the colony.
Provided that any Bill adopting this Act subject to any modifications shall contain a provision reserving it for the signification of His Majesty's pleasure.
(3) Upon the adoption of this Act in any such colony, this Act shall come into operation in that colony either without modifications or subject to such modifications as may be contained in the colonial Act.
B. This Act shall be proclaimed in every British possession other than a tion of Act. colony having a responsible government, by the Governor as soon as may be after he receives notice thereof, and shall come into operation in that possession on the day mentioned in the proclamation.
Importation of foreign
reprints into
British possession.
C. (1) In any British possession in which this Act has come into operation, the provisions of this Act as to the importation of copies of copy- right books into the United Kingdom shall, with the necessary modifications, apply to the importation of copies of copyright books into that possession, subject to such provisions with respect to the notice to be given by the owner of the copyright and otherwise as the legislature of that possession may determine.
(2) Provided that where it appears to His Majesty in Council that, having regard to the position, size, or other circumstances of any British possession,
† Not printed.
* This subject was not brought up at the Conference.
173
foreign reprints of books first published in the United Kingdom and entitled to copyright therein ought to be permitted to be imported into that possession, and that effectual and reasonable provision has been made by the law of that possession for all following objects; namely-
(a) for preventing the importation into that possession of foreign reprints except according to this Act, and any Order in Council made in pursuance thereof;
(b) for imposing a reasonable percentage as compensation to the author on all foreign reprints imported into that possession under this Act; also
(c) for providing that such importation shall take place only through and subject to the supervision of some Government Department, whose duty it shall be to stamp any reprint so imported with notice of the percentage having been paid, and to transmit the sums so paid to the owner of the copyright;
(d) for any other objects for which in the opinion of His Majesty in
Council provision ought for the purposes of this Act to be made; His Majesty may, by order in Council, direct that from and after the day of the date of the order, or such later day as may be specified in the order, any person may, notwithstanding anything in any Act or law, import into that possession foreign reprints of any book first published in the United Kingdom whether published before or after the passing of this Act.
(3) All Orders in Council and Ordinances made in pursuance of the Colonial Copyright Act, 1847, shall remain in force in the same manner as if this Act had not passed.
D. (1) If in any British possession in which this Act has come into Power of operation the following circumstances occur, that is to say :-
legislature of British
If a book has been first lawfully published in any other part of His possession Majesty's dominions, and it is proved to the satisfaction of an officer as to local appointed by the Government of that possession to receive such proof editions. that the owner of the copyright has lawfully granted either a licence to import for sale in that possession or a licence to reproduce therein by any process an edition or editions of any such book designed for sale only in that possession,
it shall be lawful for the legislature of that possession by Act or Ordinance to provide for the prohibition of the importation, except with the written consent of the licencee, into that possession of any copies of the book printed else- where, without such licence as aforesaid, except that two copies may be specially imported for the bonâ fide use of each of the public free libraries, of the university and college libraries, and of the law libraries of any duly organised law institution or society for the use of its members.
(2) Where a licence has been granted under this section for any British possession, any copy of the book produced under the licence shall, if found in any other part of His Majesty's dominions, be deemed a pirated copy, and be treated accordingly.
48079.
No. 2.
The SECRETARY OF STATE to the GOVERNORS-GENERAL and GOVERNORS.*
(Miscellaneous.)
MY LORD, SIR,
Downing Street, January 11, 1907. WITH reference to Mr. Chamberlain's circular despatch of the 18th of September 1900,† and to subsequent correspondence on the subject of Copyright, I have the honour to transmit to you copies of clausest which it is proposed to insert in Literary and Artistic Copyright Bills for applying them to British Possessions.
• Canada, Commonwealth of Australia, New Zealand, Cape of Good Hope, Natal, aud Newfoundland.
↑ Not printed.
Enclosure in No. 1.
173
books first published in the United Kingdom and entitled in ought to be permitted to be imported into that possession, and reasonable provision has been made by the law of that following objects; namely
ing the importation into that possession of foreign reprints according to this Act, and any Order in Council made in Ice thereof;
g a reasonable percentage as compensation to the author on gn reprints imported into that possession under this Act;
ig that such importation shall take place only through and to the supervision of some Government Department, whose shall be to stamp any reprint so imported with notice of centage having been paid, and to transmit the sums so paid wner of the copyright;
her objects for which in the opinion of His Majesty in
provision ought for the purposes of this Act to be made;
by order in Council, direct that from and after the day of rder, or such later day as may be specified in the order, notwithstanding anything in any Act or law, import into reign reprints of any book first published in the United published before or after the passing of this Act.
in Council and Ordinances made in pursuance of the
t Act, 1847, shall remain in force in the same manner as if assed.
any British possession in which this Act has come into Power of wing circumstances occur, that is to say :-
legislature of British
been first lawfully published in any other part of His possession ›minions, and it proved to the satisfaction of an officer as to local the Government of that possession to receive such proof editions. er of the copyright has lawfully granted either a licence to ile in that possession or a licence to reproduce therein by an edition or editions of any such book designed for sale possession,
or the legislature of that possession by Act or Ordinance to ohibition of the importation, except with the written consent o that possession of any copies of the book printed else-
ich licence as aforesaid, except that two copies may be for the bonâ fide use of each of the public free libraries, of 1 college libraries, and of the law libraries of any duly itution or society for the use of its members.
cence has been granted under this section for any British
by of the book produced under the licence shall, if found in His Majesty's dominions, be deemed a pirated copy, and be
y.
No. 2.
RY OF STATE to the GOVERNORS-GENERAL and
GOVERNORS.*
3.)
Downing Street, January 11, 1907. ance to Mr. Chamberlain's circular despatch of the 18th of and to subsequent correspondence on the subject of the honour to transmit to you copies of clauses which isert in Literary and Artistic Copyright Bills for applying ssessions.
onwealth of Australia, New Zealand, Cape of Good Hope, Natal, and
↑ Not printed.
Enclosure in No. 1.
། ་། ། ། ་།
PUBLIC RECORD OFFICE
C.O.
Reference :-
+885
17 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO