CO885(2-3) — Page 529

PUBLIC RECORD OFFICE

TUTITI

wildvilu.

Reference -

C.O.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

Short title.

Construction.

Definitions.

British posses-

ion:"

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will be prepared to introduce at an early period next Session; and I trust it will be found to meet the reasonable requirements both of the Colonies and of proprietors of copyright in this country.

I do not propose to consider in detail the provisions of this Bill, which it will be per- ceived has been made applicable to all the Colonies, and thus secure uniform treatment of the subject throughout the Empire, but it may be useful to refer briefly to the leading features of the measure.

It will be seen that by the 6th Section, a Colonial author is entitled to the same copyright in this country as if his book had been published in the United Kingdom, subject, how- ever, to the provision that, if, within twenty days after publication, the book is not published in the United Kingdom in a manner suitable to general publication, application may be made for a license to publish such book.

By the 7th Section, any Colony may, by passing an Act with certain specified pro- visions which are considered necessary to secure the rights of the author or proprietor of the copyright who publishes out of such Colony, bring itself within the Imperial Act; and in case of a failure by the author or proprietor to secure within a reasonable time sufficient publication within such Colony, application may be made for a license to publish the work within the Colony. This provision, it will be observed, corresponds with the provision in 6th Section.

The 8th Section provides for the case of such Colonies as may, from their position, size, or circumstances, be unable to avail themselves of the privileges given by the preced- ing section, and enables them, by passing Local Acts under certain conditions, which have been inserted to secure the interests of the author or owner of the copyright, to introduce foreign reprints of any work published outside those Colonies. Upon this point I may also refer you to the provisions of the 14th Section.

The provisions of the 11th Section, which apply equally to the Colonies and the United Kingdom, are such as the proprietors of copyright are reasonably entitled to require in the protection of their interests.

I have thus pointed out the principal features of the proposed measure, and I need only repeat that Her Majesty's Government trust that it may prove acceptable to the Government of the Dominion, and of other Colonies, and that they will see in it a proof of the desire of Her Majesty's Government to deal with the question in a broad and liberal spirit, and to consult, as far as possible, the interests of all parts of Her Majesty's possessions.

I shall be glad to receive, at an early opportunity, the views of your Ministers upon this Bill, as it is desirable that ample time should be given to Her Majesty's Government to consider, before the next Session of Parliament, any suggestions which may be made upon the subject.

Inclosure 2 in No. 1.

I have, &c. (Signed)

COPYRIGHT ACT (1842) AMENDMENT BILL.

Draft of a Bill to Amend the Law of Copyright.

KIMBERLEY.

BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Preliminary.

1. This Act may be cited as the Copyright Act, 1873.

2 This Act shall be construed as one with the Act of the session of the fifth and sixth years of the reign of Her present Majesty, chapter forty-five, intituled "An Act to amend the Law of Copyright" (in this Act referred to as the principal Act); and the principal Act may be cited as the Copyright Act, 1842; and the principal Act and this Act may be cited together as the Copyright Acts, 1842 and 1873.

3. In this Act, unless the context otherwise requires,——

The term "British possession" means any part of the British dominions, as defined by the principal Act, which does not form part of the United Kingdom or of the Channel

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Islands or Isle of Man; and all plantations, territories, settlements, and places under one legislature, as hereinafter defined, are deemed to be one British possession for the purposes of this Act;

The term "legislature" includes any person or persons who exercise legislative "Legislature:" authority in a British possession; and where there are local legislatures as well as a central legislature, means the central legislature only;

The term "Act," used in relation to a British possession, means any Act or ordinance, "Act:" or other law;

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The term "foreign re-print" means a copy of a book in which there is for the time Foreign reprint:" being a subsisting copyright in any part of the British dominions, printed or re-printed, as follows:-

(1.) In the case of a book first published in the British dominions, printed or re- printed in the dominions of any foreign state;

(2.) In the case of a book first published in the dominions of any foreign state, printed

or re-printed in the dominions of some other foreign state;

The term "person "includes a body of persons corporate or unincorporate.

** Person:"

4. For the purposes of this Act and the principal Act the Channel Islands and the Definition of United Isle of Man shall be considered as forming part of the United Kingdom.

Kingdom.

5. This Act shall be proclaimed in every British possession by the Governor thereof Commencement of

as soon as may be after he receives notice of this Act, and shall come into operation in Act. every part of the British dominions on the 1st day of January, 1874, which day is herein- after referred to as the commencement of this Act: Provided that an Act in a British possession may be passed, and an Order in Council may be made in pursuance of this Act at any time after the passing of this Act, so that such Act or Order do not come into operation before the commencement of this Act.

Colonial Books in the United Kingdom.

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6. In the case of a book first published after the commencement of this Act in a Copyright in books British possession, every person shall be entitled to the same right of copyright, and to the first published in a

British possession. same benefits as if it had been first published in the United Kingdom, subject nevertheless to the following provisions :-

(1.) If within twenty days after the first publication of the book, the book is not published in the United Kingdom, in such number and manner as are suitable for general circulation therein, any person may apply to Her Majesty in Council for a license to publish such book, and Her Majesty in Council may, if it seems just, grant such license, subject to the provisions of this Act, upon such terms and subject to such conditions as to Her Majesty in Council may seem just;

(2) Every such application shall be referred to the Judicial Committee of the Privy Council, and shall be dealt with by them as other proceedings before such Committee.

(3.) After the expiration of six months from the first publication of the book, if the book is not then published in the United Kingdom in such number and manner as are suitable for general circulation therein, any person may, notwithstanding anything in any Act, but subject to the provisions of this Act, import into the United Kingdom foreign reprints of such books.

Books haring Imperial Copyright in Colonies.

7. Where it appears to Her Majesty in Council that in any British possession effectual Publication in a and reasonable provision has been made by an Act of such British possession for all the following objects, namely,—

(a.) For the registration and protection in such British possession of books first published out of such British possession, and entitled to copyright therein;

tb.) For collecting and remitting the per-centage payable under this Act upon reprints of such books sold in pursuance of a license under this Act in such British possession;

(c) For making to one of Her Majesty's Principal Secretaries of State to be laid before Parliament returns of the numbers and prices of reprints of the said books sold in such British possession, and such other particulars with respect to those reprints as the Secretary of State may require;

(d.) For preventing the importation into such British possession of foreign reprints except according to this Act;

(e.) For imposing, collecting, und remitting a reasonable per-centage upon all foreign reprints imported into such British possession according to this Act;

1472)

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British possession of books first published out of such British posses- sion.