THE HONGKONG GOVERNMENT GAZETTE, 30TH OCTOBER, 1886. 1031
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 suggest it 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 Colony will, in that case, remain under the provisions of the existing law. This pro- posed clause will be found at the end of the 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 each Colony are the following:-
1. Does it desire to enter the International Copyright Union or not?
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2. Does it approve of 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 4 of clause 8, providing for legislation by a Colony on 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, I am, &c.
(Signed)
J. BRYCE.
Inclosure in No. 8.
Memorandum by Mr. Jenkyns as to Colonies.
THE Imperial Copyright Acts at present give to authors of books first produced Present Acts. in the United Kingdom copyright throughout the Empire, but do not give that copyright to authors of books first produced in a Colony.
The Imperial Acts relating to international copyright give to authors of books first produced in a country with which the Queen makes a Copyright Treaty the same rights throughout the Empire as the authors of books first produced in the United Kingdom.
The result of the above Acts, therefore, is that if a book is first produced in a Colony, the author of it is in a worse position, not only than he would be if his book were first produced in the United Kingdom, but also than he would be if his book were first produced in a foreign country with which a Treaty has been made. In fact, he has no copyright outside the limits of the Colony.
This grievance, which has been long recognized, cannot be removed by colonial legislation, as the Legislature of a Colony, though able to give copyright in the Colony for books first produced in that Colony, cannot interfere with the copyright granted under the Imperial Acts to books first produced in the United Kingdom or in a foreign country with which a Treaty exists.
In respect of copyright, India is in the same position as any of the Colonies, and throughout this Memorandum it must be recollected that although Colonies only are referred to, the remarks are intended to apply also to India as a most important part of the British Empire.
Convention.
In September 1885 the Queen was represented at an International Conference at Berne International Berne, assembled with the view of amending the present arrangements respecting Conference and international copyright, and a draft Convention was then agreed to, which it is proposed to sign in September next.
The principle adopted in that Convention was, that the countries which joined the Convention should form a Copyright Union, and that the author of a book first produced in one country of the union should have throughout each of the other countries of the union, without any registration or other formality there, the same right of copyright as if the book had been there produced.
But the term of copyright so obtained in another country was not to exceed the term allowed by the law of the country in which the book was first produced,
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