CO885-5 — Page 169

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Finally it would be denying to a colonial author imperial copyright, and would perpetuate what we hold to be not only a present injustice to those authors, but an injustice calculated to stunt and cripple the growth of colonial literature.

Nothing, however, could be further from our wishes than to go beyond the will and mind of the Colonies themselves in this matter. We suggest clause 8 because we have been led to believe that most, if not all, the Colonies would desire it; but we suggested subject to the qualification in sub-sections 3 and 4, which reserves the validity of existing colonial legislation and continues whatever power of copyright legislation within their own limits they now possess. And we have prepared a clause to be inserted, if desired, in Committee upon the Bill, by which any Colony wishing to stand out of the Act altogether, and to forego the benefit offered to its own authors of imperial copyright can do so.

Such a Colouy will in that case remain under the provisions of the existing law. This proposed clause will be found at the end of Mr. Jenkyn's Memorandum.

It is, therefore, hoped that the various Colonies and India will cordially accept the provisions of the present Bill, which have been drafted with the utmost desire to meet what we believe to be their requirements and wishes, and to secure their co-operation. But in case India or any Colony should wish to stand aloof, and be excepted either from joining the International Copyright Union, or from the provisions for giving Colonial authors copyright in the United Kingdom and in the Colonies, its wishes will be duly complied with.

The questions which I would suggest might be put to

are the following

1. Does it desire to enter the International Copyright Union or not?

2. Does it approve

the provisions of clause 8, sub-sections 1 and 2, for giving to

books first published in a Colony copyright throughout the Empire ?

3. Does it desire the retention of sub-section of clause 8 providing for legislation by a Colony or copyright within its own limits?

4. Does it desire the addition of the clause at the end of the Memorandum; or does it prefer the Bill as it now stands?

Heartily acknowledging the valuable co-operation and assistance which, as Chairman of the Committee on this matter, I have received from you and Mr. Osborne Morgan, and the Agents General for the Colonies

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I am, &c.

(Signed)

J. BRYCE.

}

PUBLIC

RECORD OFFICE

Reference :-

BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

C.O. 885/5 PUBLIC RECORD OFFICE, LONDON