CO885-(16-18) — Page 19

21611/17

1.

No. 197A.

(DOMINIONS.)

LAW OFFICERS to FOREIGN OFFICE.

TRADING WITH THE ENEMY ACT, 1916.

Copyright Conventions and Treaties.

For the reasons given in our Opinion relating to the International Con- vention for the Protection of Industrial Property, we think that the War has suspended as between countries at war with one another the operation of the Interna- tional Copyright Conventions. The Orders in Council of the 24th June, 1912, are not of the nature of treaties, and are not ipso facto suspended or determined by the War; but they are founded on the Copyright Conventions and assume the continued existence of the Copyright Union, and we think (though with some doubt) that they have no operation in favour of alien enemies during the War. If so, it follows that works published in an enemy country during the War are not protected here, and can be translated and published in this country during the War without sanction of the enemy author; but on the conclusion of peace difficult questions will arise as to the revival of the Conventions and Orders in Council and as to the right to dispose of unsold copies of the works in question. In order to avoid such questions, and in view of the doubt expressed above, it appears to us that the Orders in Council should be revoked or varied under section 32 of the Copyright Act, 1911.

2.

If any copyright exists in respect of the works in question, such copyright can be vested in the Public Trustee under section 5 of the Trading with the Enemy Amendment Act, 1916, and such vesting could not be attacked as a breach of the Conventions (which are suspended), or of the rights of alien enemies under the Orders in Council, which are necessarily subject to the municipal law.

3. The Opinion of the late Solicitor-General, dated the 2nd September, 1914, relates entirely to works published before the War, and is not affected by the above opinion. But the copyright there referred to can be dealt with under section 5 of the Trading with the Enemy Amendment Act, 1916, and the above observations under (2) apply to this property.

4. This question has been answered in paragraph (3).

Law Officers' Department,

8th April, 1916.

FREDERICK SMITH. GEO. CAVE.

(11257-2) Wt. 7-1108. 25. 5/17. D. & S. G. 1.

PUBLIC RECORD OFFICE

חוון

Reference :-

C.O.885

16 PUBLIC RECORD OFFICE, LONDON

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

}