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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