CO885-(15-16) — Page 633

36921

No. 158.

(DOMINIONS.)

BOARD OF TRADE to LAW OFFICERS.

[The Copyright Act, 1911: Proposed additional Protocol amending the Berlin Copyright Convention of 1908.]

A proposal is being put forward by His Majesty's Government that an additional Protocol, of which a copy is given in the Appendix, should be agreed upon by all the members of the Copyright Union as an amendment of the Berlin Copyright Convention of 1908. A copy of this Convention is attached.*

One of the principal objects of this proposal is to enable copyright protection to be refused in circumstances such as the following:-

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The United States law makes it a condition of obtaining copyright in books in the English language that the books should be printed and bound in the United States. Under the Berlin Convention, as it stands, American books can obtain copy- right throughout the Union merely by means of first or simultaneous publication in any Union country, eg., the United Kingdom or Canada.

The intention with which the Protocol has been framed is that in such a case Canada or (if desired) the United Kingdom should be able to refuse copyright to American books on the ground that the United States do not give adequate protection to British authors.

The question has, however, been raised by the Canadian Minister of Justice whether the Protocol as drafted would enable this intention to be carried into effect. It has been suggested that the words "failing to give adequate protection" have reference only to the protection of works which actually enjoy copyright, and do not relate to the conditions (e.g., printing and binding) imposed before copyright can exist at all.

On this view it might be held that the United States, although they give no pro- tection to British books not printed or bound there, do not come within the scope of the Protocol, because they do, as a matter of fact, give adequate protection to books which have secured copyright by being printed and bound there.

The official language of the Copyright Union is French, and the Protocol will, therefore, finally be put forward in that language. It is accordingly important to examine this question in relation to the French version of the first paragraph of the Protocol, which is as follows:-

"(1) Lorsqu'un pays étranger à l'Union n'accorde pas une protection suffisante aux œuvres des auteurs resortissant à l'un des pays de l'Union, les dispositions de la Convention du 13 novembre 1908 ne peuvent porter pré- judice, en quoi que ce soit, au droit qui appartient aux pays contractants de restreindre la protection des œuvres dont les auteurs sont, au moment de la première publication de celles-ci, sujets ou citoyens du dit pays étranger et ne sont pas domiciliés effectivement dans l'un des pays de l'Union." The question submitted for the opinion of the Law Officers is :-

Is the limited interpretation suggested above of the words "adequate protection

the correct one?

Appendix.

1. In the event of any country outside the Union failing to give adequate pro- tection to works the authors of which are subjects or citizens of one of the con- tracting States, nothing in this Convention shall affect the right of that contracting State to restrict the grant of copyright in the case of works the authors of which are, at the date of the first publication thereof, subjects or citizens of the said country, and not bonâ fide residents in any country of the Union.

2. The right accorded by this Act to contracting States applies equally to any of their oversea possessions.

3. A restriction introduced by virtue of paragraph 1 shall not in any way affect the rights which an author has acquired for a work published in a country of the Union before the introduction of the restriction.

• See [Ca. 4467], February, 1909.

(27949-2.) Wt. 91-594. 25. 115. D & 8.

PUBLIC RECORD OFFICE

C.O.885

Reference :-

16 PUBLIC RECORD OFFICE, LONDON

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

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