CHAPTER I

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A TREATISE UPON

THE LAW OF COPYRIGHT

A TREATISE UPON

THE LAW OF COPYRIGHT

IN THE UNITED KINGDOM AND THE DOMINIONS

OF THE CROWN, AND IN THE UNITED

STATES OF AMERICA

CONTAINING A FULL APPENDIX OF ALL ACTS OF PARLIAMENT

INTERNATIONAL CONVENTIONS, ORDERS IN COUNCIL

TREASURY MINUTE AND ACTS OF CONGRESS

NOW IN FORCE

By E. J. MACGILLIVRAY, LL. B. (CANTAB.)

OF THE INNER TEMPLE, BARRISTER-AT-LAW

MEMBER OF THE FACULTY OF ADVOCATES IN SCOTLAND

LONDON

JOHN MURRAY, ALBEMARLE STREET

TO

THOMAS EDWARD SCRUTTON, ESQ., K. C.

IN GRATITUDE FOR

MUCH INSTRUCTION AND KINDNESS

PREFACE

The foundations of this work were laid by my endeavours to understand

what is perhaps the most complicated and obscure series of statutes in

the statute book. In working from time to time at the Law of Copyright

I found great want of a text-book which should be exhaustive of the

case law, and at the same time contain a concise and clearly arranged

epitome of the statutory provisions. This want I have tried to supply

for myself in the present compilation, and it is now published in

the hope that it may prove useful to others. The present law is bad

both in substance and form, but it is the more essential that those

who have anything to do with literary or artistic property should

comprehend it in so far as it is comprehensible. There are probably

more pitfalls for the unwary in dealing with Copyright than with any

other branch of the law.

We have for some time been on the eve of a general codification and

amendment of the Law of Copyright. It is, however, an eve of long and

indefinite duration. It is now twenty-eight years since the Royal

Commission on Copyright was appointed, and still nothing has been done

to ameliorate the lamentable condition in which the Commissioners

then found the law. Dissensions among those who are interested in

Copyright, failure to come to a satisfactory arrangement with the

colonies, and want of time at the disposal of the legislature are

mainly responsible for this delay. In the meantime it is well that

all those who are interested in Copyright should make themselves

conversant with the law as it now is, so that when the time for

legislation does at last come the result may be the more satisfactory.

I have added to this work Part II., dealing with Copyright in the

United States, and I hope it may prove useful not only to English but

to American lawyers and publishers.

I have to acknowledge much assistance in the preparation of this work

and many invaluable suggestions from my friends, Mr. Langridge, of the

Middle Temple, and Mr. Mackinnon, of the Inner Temple.

E. J. MACGILLIVRAY.

3 TEMPLE GARDENS,

_June 1902._

CONTENTS

PAGE

TABLE OF ENGLISH, SCOTCH, IRISH, INDIAN, AND COLONIAL CASES xix

TABLE OF CASES IN THE UNITED STATES xxxi

PART I

_THE LAW OF COPYRIGHT IN THE UNITED KINGDOM

AND THE DOMINIONS OF THE CROWN_

CHAPTER I

INTRODUCTORY 3

A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions, Orders in Council, Treasury Minute and Acts of Congress Now in Force. · 第 1 / 20 章