CO885-(2-3) — Page 530

PUBLIC RECORD OFFICE

To be b I

Reference-

C.O.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

Importation of foreign reprints

possessions.

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(f.) For the periods directed by this section to be provided by an Act of the British possession, and the otherwise carrying into effect of this section; and

(g.) For any other objects for which, in the opinion of Her Majesty in Council, provision ought for the purposes of this Act to be made;

Her Majesty may by Order in Council direct that from and after the day of the date of the Order, or such later day as may be specified in the Order (which day is in this Act referred to as the commencement of the Order), this section shall apply to such British possession, and thereupon, so long as the said Order remains in force, the following provisions of this section shall apply in such British possession to every book first published out of such British possession after the commencement of the Order and entitled to copy- right therein (that is to say) :—

(1.) If within such reasonable period after the first publication of the book as may be provided by the said Act of the British possession the book is not published in such British possession in such number and manner as are suitable for general circulation therein, any person may apply to such court in the British possession, as may be fixed by the last-mentioned Act, for a license to publish such book, and the court may, if it seems just, grant such license, subject to the provisions of this Act, upon such terms and subject to such conditions as the court thinks just;

(2). The application shall be macie and the proceedings upon such application shall be conducted in such manner as may be from time to time directed by the law of such British possession, or, if there is no such law, as the court by general orders or rules from time to time directs;

(3.) An appeal to Her Majesty in Council shall lie from any order made by the court in pursuance of this section;

(4.) Every such appeal shall be referred to the Judicial Committee of the Privy Council, and shall be dealt with by them as other appeals from courts in such British possession;

(5.) An order granting a license shall not be suspended by such appeal, but the person in whose favour the order is made shall be liable to account for profits or to pay damages as may be directed by Her Majesty in Council when the appeal is decided

(6.) After the expiration of such reasonable period, not being less than six months from the first publication of the book, as may be provided by the said Act of the British possession, if the book is not than published in such British possession in such number and manner as are suitable for general circulation therein, any person may, notwithstanding anything in any Act, import into such British possession foreign reprints of such book, subject to the provisions of this Act and of the said Act of the British possession.

Where the last-mentioned Act is altered by any subsequent Act of the said British possession, the Order in Council shall not be affected by such alteration, unless it seem fit to Her Majesty in Council to revoke or alter such Order.

8. Where it appears to Her Majesty in Council that, having regard to the position, size, or other circumstances of any British possession, foreign reprints of books first

into certain British published out of such British possession ought immediately after such first publication to be permitted to be imported into such British possession, and that effectual and reason- able provision has been made by an Act of such British possession for all the following objects, namely,-

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

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

(c.) For any other objects for which, in the opinion of Her Majesty in Council, provi- sion ought for the purposes of this Act to be made;

Her Majesty may by Order in Council direct that, from and after the day of the date of the Order, or such later day as may be specified in the Order (which day is in this Act referred to as the commencement of the Order), this section shall apply to such British possession, and thereupon, so long as the said Order remains in force, any person may, notwithstanding anything in any Act, import into such British possession foreign reprints of any hook, whether such book was published before or after the passing of this Act, subject, nevertheless, to the provisions of this Act, and of the said Act of the British possession.

Where the last-mentioned Act is altered by any subsequent Act of the said British possession, the Order in Council shall not be affected by such alteration unless it seem fit to Her Majesty in Council to revoke or alter such Order.

Registration before

9. Where by any Act passed in any British possession, in consequence of which an commencing action. Order in Council under this Act has been made, provision is made for the registration of

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books first published out of that British possession and entitled to copyright therein, a &c., in British proprietor of copyright in any book first published after the commencement of such Order possession. shall not, by virtue of the principal Act or of this Act, commence in such British possession any action, suit, or other proceeding, on the ground of any infringement of such copyright, unless in respect of the registration of such book he has complied with the conditions with which he is required by the said Act of the British possession to comply before com- mencing such action, suit, or proceeding.

Colonial Act for

10. Every Bill passed by the Legislature of any British possession for any of the Reservation of objects mentioned in this Act, or for altering any Act of such Legislature in consequence Her Majesty's of which an Order in Council under this Act has been made, shall either be reserved for the pleasure. signification of Her Majesty's pleasure thereon, or contain a suspending clause providing that it shall not come into operation until Her Majesty's pleasure thereon has been publicly signified in the British possession in which it has been passed.

Protection and Remuneration of Proprietors of Copyright.

11. Where a second or subsequent edition of any book has been published, a license Publication under

in pursuance of this Act shall not be granted for, and shall not authorize the reprint of, licence to be of any edition of such book except the last edition published at the time of the grant of the last edition only. license, save so far as the proprietor of the copyright assents to the publication of any other edition.

There shall be printed on the title page of every book published under the authority of a license granted in pursuance of this Act, if the license was granted in the United Kingdom, the words "British edition," and if the license was granted in some British possession, words signifying that the edition is an edition of such British possession.

Any reprint of a book which does not conform with the provisions of this section shall

be deemed not to be a reprint published under the authority of such license.

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12. Where a license under this Act to publish any book has been granted, and there Notice of license. appear on the title page of the book the name and address of any person purporting to be the publisher thereof, the licensee shall forthwith give notice of the license to such person or to one of such persons if more than one be so named; such notice may be given by posting a registered letter containing a copy of the license, addressed to such person at the address mentioned on the title page of the book; and such notice shall be deemed to have been given at the time when such letter would be delivered in the ordinary course of post; and in proving the giving of such notice, it shall be sufficient to prove that such letter was prepaid, properly addressed as aforesaid, and put into the post.

13. Where any person publishes a book by virtue of a license granted in pursuance Per-centage upon

of this Act, such person shall, in respect of each copy of such book sold by hini, account licensed reprints. for and pay to or for the benefit of the proprietor of copyright in such book, the per- centage specified in the license, not being less than the per-centage payable in respect of foreign reprints of such books imported into that part of the British dominions in which

the license is in force.

If the license was granted in any British possession such per-centage shall be paid in such manner as the Act making provision in such British possession for the collection of the same may from time to time direct.

A licensee shall, upon the grant of the license, give security to the satisfaction of the authority granting the license for the payment of the said per-centage.

14. Where foreign reprints of any book are imported under this Act, there shall be l'er-centage upon

paid for the benefit of the proprietor of copyright in such book a per-centage upon the foreign reprints. value of each foreign reprint imported of such amount, and collected and accounted for in

such manner, as may from time to time be determined—

(1.) If the reprint is imported into the United Kingdom, by Order in Council;

(2.) If the reprint is imported into a British possession, by the Act making provision in such British possession for this object.

Any Order in Council or Act determining as in this section is mentioned may either constitute different classes of books and impose upon the foreign reprints per-centages varying according to such classes, or may impose a uniform per-centage upon all the foreign reprints.

Colonial Dramatic Pieces and Musical Compositions.

15. Every person shall be entitled in respect of a dramatic piece or musical compo- sition first publicly représented or performed, after the commencement of this Act, in a British possession, to the same rights and benefits as if it had been first publicly repre-

Copyright in

dramas and music first performed in a British possession.