PUBLIC RECORD OFFICE
Reference -
CO.885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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It is the section with which this Colony, with possessions similarly situate, is princi- pally concerned; and it seems to me, that the object of the provision would be better served by using "at any time" instead of "immediately."
I have only to add that there is no copyright law in this Colony, and that we are subject to the present Imperial Statutes which are found in operation for the protection of the British author, while at the same time it may be observed that the injury to the proprietors of copyright is not to be estimated by the circulation of foreign reprints of their publications in the Colonies, as the number circulated would, under an effective execution in the Colonies of the Imperial Statutes, be very limited.
I have, &c.
(Signed)
His Excellency Colonel Hill, C.B.,
Governor and Commander-in-chief.
My Lord,
No. 3.
ROBERT J. PINSENT, Q.C.
The Earl of Dufferin to the Earl of Kimberley.—(Received January 24.)
Government House, Ottawa, January 9, 1874.
I DULY referred to my Government a copy of the draft of a Bill on the subject of copyright inclosed in your Lordship's despatch of the 24th July, 1873, and I have now the honour of forwarding a copy of an Order of the Privy Council approving a Report by the Honourable Mr. Mackenzie, acting in the absence of the Minister of Agriculture, who states, in the concluding part of his memorandum, "that he is of opinion that any change beyond the extending of the privilege of copyright to Canadian authors is not urgent, and that a postponement of the question would not be likely to cause a detriment to the public interest."
Inclosure 1 in No. 3.
I have, &c. (Signed)
DUFFERIN.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General on the 8th day of January, 1874.
THE Committee of Council have had under consideration the despatch of the 24th of July, 1873, from the Right Honourable Her Majesty's Secretary of State for the Colonies on the subject of copyright, and of extending to Colonial authors the privileges enjoyed by authors under the Imperial Copyright Act, and transmitting, for the con- sideration of the Canadian Government the draft of a Bill which Her Majesty's Govern- ment will he prepared to introduce on the subject during the next session of the Imperial Parliament.
They have also had before them the annexed Report, dated 7th January, 1874, from the Honourable Mr. Mackenzie, acting in the absence of the Honourable the Minister of Agriculture, to whose Department the above-mentioned despatch was referred, and they respectfully report their concurrence therein, and advise that a copy thereof and of this Minute be transmitted by your Excellency to the Earl of Kimberley for the information of Her Majesty's Government.
Certified,
(Signed)
W. A. HIMSWORTH, Clerk Privy Council.
Sub-Inclosure.
THE Undersigned, the Minister of Public Works, in the absence of the Minister of Agriculture, has the honour to report, as follows, in the matter of the draft of a Bill to amend the law of copyright transmitted with a despatch of Lord Kimberley.
1. As regards the extending to Colonial Authors the privileges enjoyed by authors under the Imperial Copyright Act, there seems to be no difficulty in the way. The Canadian Copyright Act of 1868, now in force, gives to English authors all the privileges granted to Canadian authors upon the simple condition of publishing in Canada; and
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an alteration in the English Copyright Act in the same sense would be accepted as a boon.
2. As to the question of reprints of copyrights, there appear to be four different interests at stake, which are somewhat in conflict, namely, the author's interest, the public interest, the publisher's interest, and the book trade interest.
3. The authors contend that they have an undeniable and inalienable right to dispose of their property as they please; the public seems to be satisfied with the supply of books which it now gets; and the book trade also appears disposed to be in favour of things as they are.
4. These three interests are not advocating, at least for the present, any material change, beyond extending to Canadian authors the privileges of the Imperial Copyright Act as before stated.
5. The publishers, however, although not unanimous in their opinions, are advocating the changes which were embodied in the Canadian Act of 1872, intituled "An Act to amend the Act respecting Copyrights," which Act has been disallowed in England.
6. As to the draft submitted of a Bill to amend the law of copyright, the Undersigned
is of opinion that, owing to the intricacy of proceedings therein provided, the operation of
such a measure would be attended by difficulties likely to lead to litigation.
The Undersigned, therefore, is of opinion that any change beyond the extending of the privileges of copyright to Canadian authors is not urgent, and that a postponement of the final solution of this complicated question would not be likely to cause detriment to the public interest.
The whole respectfully submitted.
(Signed)
A. MACKENZIE, Acting for the Minister of Agriculture.
Department of Agriculture, Ottawa, January 7, 1874.
No. 4.
Report to the Senate of the United States.
MR. MORRILL, of Maine, from the Joint Committee on the Library, submitted the following
•
Report.
The Joint Committee on the Library, to whom was referred the resolution directing them to inquire into the practicability of securing to authors the benefit of international copyright, report-
That, after attentive consideration of the subject-matter, they have found the question of international copyright attended with grave practical difficulties, and of doubtful expediency, not to say of questionable authority.
At the outset of the examination much embarrassing contrariety of opinion between those who demand the measure as a just recognition of the rights of authors to their works, and those representing the manifold interests, occupations, and domestic industries involved in the contemplated legislation became conspicuous; in the prominency and fervour of which the primary motive of any and all contemplated constitutional action, namely, the promotion of the progress of science and the useful arts, seemed-uncon- sciously, of course--likely to be overcast.
On behalf of authors and artists it is insisted that Congress owes it to universal authorship to grant protection to literary and scientific productions, irrespective of nationality, as a matter of justice and right; that the Constitution in this respect, as in the case of domestic authors, is mandatory in its character; that the mode and manner of such protection are prescribed, in terms, in its provisions; and that none other than the mode prescribed is at all allowable, leaving Congress no discretion in the premises; and that not to legislate in this behalf is to refuse the performance of an obvious duty; and that, having by the law of copyright secured to domestic authors exclusive rights to their works, thereby recognizing the obligation of protection to authorship, Congress stands derelict in the performance of its whole duty, in that it has not provided equal protection to universal authorship,
Upon the soundness and cogency of this proposition both American and foreign authors are understood generally to be agreed.
A portion of the American publishers (and they are among the most important) are willing to accede to the demands of the authors, upon the condition of satisfactory stipula-