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885

12 PUBLIC RECORD OFFICE, LONDON

No. 62.

(GENERAL.)

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Lincoln's Inn, 7th June 1875. We are honoured with your Lordship's commands, signified in Mr. Malcolm's letter of the 21st May ultimo, stating that he was directed by your Lordship to call our attention to the accompanying Bill respecting copyrights, passed by the Parliament of the Dominion of Canada, and reserved by the Governor-General for the signification of Her Majesty's pleasure thereon.

2. That this enactment is an attempt, made after much consideration, to settle the vexed question of the mode in which protection should be given in Canada to the works of English authors, and it is very much to be desired that nothing should occur to prevent Her Majesty's assent being given thereto.

3. That the existing state of affairs is, that by the combined operation of the Statute 10 & 11 Vict. cap. 25, of the Act of the Province of Canada, No. 780, and of an Order in Council, dated December 12, 1850, the prohibitions of the Statute 5 & 6 Vict. cap. 45, and 8 & 9 Vict. cap. 93, sections 9 and 63, against the introduction of foreign reprints into Canada, are suspended, upon the understanding that Canada collects an ad valorem duty on such reprints for the author's benefit; but, as a matter of fact, payment of the duty is evaded, and the author gets nothing.

4. That it has, however, been suggested that clause 15 of the Reserved Bill as it now stands gives legal protection to piracy, because, in the case of an English copy- right work which has not been registered under the Canada Act, it proposes to enact that "

any person," and not only the copyright owner, may, by reprinting and republishing the work in Canada, obtain copyright in it.

5. That, on the other hand, it is quite clear that this was not the intention of the framers of the Bill, as will appear from the accompanying extract from a letter of the Premier of Canada to Lord Dufferin; and it is contended that the intention of Mr. Macken- the clause is simply to declare that the English copyright owner shall, upon complying zie to Lord with the terms of the Act, become entitled to Canadian copyright under the Act; and Dufferin. further, that, reading clauses 4, 11, and 15 together, there can be no doubt that no can be entitled to copyright under the Act but the author and his legal representatives.

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6. That it would further appear that if the clause had the effect suggested, of con- ferring copyright upon unauthorised persons, it would be repugnant to the provisions of the Act 5 & 6 Vict. cap. 45, and therefore, in accordance with the Colonial Laws Validity Act, 28 & 29 Vict. cap. 63, inoperative.

7. That, in these circumstances, Mr. Malcolm stated that your Lordship desired him to request that we would be good enough to advise your Lordship whether clause 15 of the Reserved Canadian Bill will have the effect of enabling any person to pirate English copyright works and obtain Canadian copyright for himself in them under the Bill; or whether the clause merely declares, as it was intended to do, the right of the English copyright owner to obtain Canadian copyright for a work previously published in the United Kingdom.

8. That a further question has been raised upon the meaning of the term "British possessions in the second line of clause 4 of the Bill. Mr. Malcolm stated that it appears to your Lordship that a Canadian Act speaking of "British possessions" must include the United Kingdom in the term. Mr. Malcolm stated that your Lordship, however, requests that we would be good enough to advise your Lordship on the point.

9. That another question arises on this matter as to the mode of dealing with the above-mentioned Order in Council of December 12, 1850.

That it would be seen that the Order in Council authorises the admission into Canada of all foreign reprints without distinction. If the present Reserved Bill is sanctioned it will be necessary to prohibit the importation of some foreign reprints, viz., those of books registered under the Canadian Act, but to retain the suspension of the

▲ 12916-61. 95.-9/05.