CO885(2-3) — Page 528

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

No.

1. Circular, July 29, 1873..

LIST OF PAPERS.

NORTH AMERICA.

2. Newfoundland (Received September 5, 1873)

3. Canada (Received January 24, 1874)

4. Report to the Senate of the United States ..

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WEST INDIES.

5. Antigua (Received September 29, 1873)

7. Trinidad (Received October 24, 1873)

6. Tobago (Received September 29, 1873)

8. Barbados (Received October 24, 1873)

9. Bahamas (Received October 29, 1873)

10. Jamaica (Received October 30, 1873)

11. St. Vincent (Received October 30, 1873)

12, St. Lucia (Received November 14, 1873)

13. Honduras (Received November 14, 1873)

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Correspondence respecting Colonial Copyright.

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Sir,

No. 1.

Circular Despatch to Governors of Colonies,

Downing Street, July 29, 1873.

BY the Circular despatch of the 1st of June, 1870, your attention was directed to the operation of the "Imperial Copyright Act of 1842," and a Draft Bill was submitted for suggestions and observations, which you might desire to offer.

This subject has continued to receive the consideration of Her Majesty's Government; and I have now the honour to transmit to you a copy of a despatch which I have addressed to the Governor-General of Canada on this question, together with the Draft of a Bill to amend the "Copyright Act of 1842," which it is proposed to introduce at an early period next Session, if, as I trust will be the case, it is found to meet the reasonable requirements both of the Colonies, and of proprietors of copyright in this country,

I should be glad to be furnished, at an early opportunity, with any suggestions which you may desire to offer upon this Bill.

I have, &c.

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14. Turks and Caicos Islands (Received November 28, 1873)

15. Cape (Received December 3, 1873)

16. Natal (Received April 7, 1874)

SOUTH AFRICA.

EASTERN COLONIES.

17. Ceylon (Received December 1, 1873)

18. Singapore (Received December 1, 1873)

19. Hong Kong (Received December 31, 1873)..

20. Labuan (Received January 9, 1874)

21 Mauritius (Received May 29, 1874)

AUSTRALIA,

22. South Australia (Received November 24, 1873)

23. Western Australia (Received December 31, 1873)

24. Queensland (Received January 26, 1874)

25. Gibraltar (Received August 29, 1673)

26. St. Helena (Received October 2, 1873)

27. Lagos (Received October 28, 1873)

28. Bermuda (Received December 13, 1873)

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(Signed)

Inclosure 1 in No. 1.

KIMBERLEY.

PUBLIC RECORD OFFICE

Reference -

TTC.O.885

3 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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The Earl of Kimberley to the Earl of Dufferin.

My Lord,

Downing Street, July 24, 1873. THE question of copyright, and of extending to Colonial authors the privileges enjoyed by authors under the Imperial Copyright Act, has, as you are probably aware, been for some time under the consideration of Her Majesty's Government. So far back, indeed, as the 1st of June, 1870, a Draft Bill, enabling persons publishing in a Colony to obtain Imperial Copyright, was transmitted to the Colonies in a Circular despatch, for the purpose of obtaining the views of the Colonial Governments upon the subject; and by a reference to pages 53 and 65 of the Paper presented to Parliament in July, 1872, of which a copy is annexed for your information, you will learn the nature of the replies returned to that circular.

In a despatch, of July 22, 1872, Lord Lisgar transmitted a certified copy of a Bill passed by the Parliament of Canada, intituled "An Act to amend the Act respecting Copyright," which was reserved for the signification of Her Majesty's pleasure.

There could be no doubt, and it was in fact admitted by the Minute of the Privy Council of the Dominion, inclosed in an earlier despatch from Lord Lisgar, of June 7th, that this Bill conflicted with the Imperial Legislation in force in the Colony on this subject; and Her Majesty's Government were therefore unable to advise the Queen to assent to the measure. I deferred, however, announcing to you their decision upon this point as they were then, and have been since, considering how, with a due regard to existing interests, the Colonies might be placed on a similar footing to the United Kingdom with respect to copyright.

There are, however, serious difficulties in framing such a Bill as would be likely to obtain the assent of Parliament; and although much attention has been given to the subject, both in this Department and in the Board of Trade, it has been impossible to introduce any measure during the present Session; nor, indeed, would it have been desirable to proceed with a Bill without having given to the Colonial Government an opportunity to express their views upon it. I have now the honour to transmit, for the consideration of your Government, the Draft of a Bill, which Her Majesty's Government

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