“On the recommendation of the Honourable the Minister of Customs, the

Committee advise an uniform _ad valorem_ duty throughout this Dominion

of 12½ per cent., being the rate fixed and collected in the Province of

Canada, previous to the Confederation of the Provinces—and to establish

such regulations and conditions as may be subsistent with any Act of

the Parliament of the United Kingdom then in force as may be deemed

requisite and equitable with regard to the admission of such books, and

to the distribution of the proceeds of such duty to or among the party or

parties _beneficially_ interested in the Copyright.”

(_From Memorandum by the Minister of Finance._)

“Not one-tenth part of the reprints which find their way to Canada are

entered at the Custom-house, or pay duty.... It is proposed, in order

perfectly to secure the English author, that every Canadian publisher who

reprints English Copyrights should take out a licence, and that effectual

practical checks should be interposed, so that the duty on the number of

copies actually issued from the press should be paid into the Canadian

Government by Canadian publishers for the benefit of the English authors.

It is believed that the English authors would benefit enormously by the

proposed change. At present the amount received by Canada for duty on

English Copyrights, and paid over by Canada to the Imperial Government

for the benefit of English authors, is a mere trifle.”

(_From Mr. Lovell._)

“Montreal, June 11, 1868.

“In 1849, I believe, the Government of Canada, with the sanction of Her

Majesty the Queen, gave United States publishers the right to bring

reprints of English Copyright works into this country on payment of

Customs duty of 15 per cent., which has since been reduced to 12½ per

cent., the proceeds of the duties to be forwarded to the English authors

as a compensation for the privileges secured to the American publishers.

“The people of the Dominion, and especially the printing and publishing

interests, feel that they ought to possess at least equal privileges to

those conceded to the foreigner. There are several establishments in

the Dominion that would esteem it a great boon to be allowed to reprint

English Copyrights on the same terms as are now secured to United States

publishers, and would gladly pay the 12½ per cent. to the English authors

on the _total number_ of copies printed, sure to be very considerable. At

present only a few hundred copies pay duty, but many thousands pass into

the country without registration, and pay nothing at all; thus having

the effect of seriously injuring the publishers of Great Britain, to the

consequent advantage of those of the United States.”

(_Extract from Letter from Sir Louis Mallet to the Under-Secretary of

State, C.O._)

“It is obvious that, looking to the geographical position of the United

States and the North American Confederation, any arrangement with respect

to Copyright which does not apply to both must be always imperfect and

unsatisfactory, and it is therefore extremely desirable, if possible,

that the Canadian question should be considered in connexion with any

negotiations conducted with the United States Government.

“Another serious objection to the sanction by Her Majesty’s Government

of such a proposal appears to my Lords to be, that, while the public

policy of the mother-country enforces an absolute monopoly in works

of literature for a term of years, it is very undesirable to admit in

British Colonial possessions an arrangement which, whatever advantages

it may possess (and my Lords fully admit that much may be said in its

favour), rests upon a wholly different principle.

“It would be difficult, if such a principle were admitted in the British

Colonies, to refuse to recognise it in the case of foreign countries, and

thus it might come to pass that the British public might be called upon

to pay a high price for their books, in order to afford what is held to

be the necessary encouragement to British authors, while the subjects of

other countries and the Colonial subjects of Her Majesty would enjoy the

advantages of cheap British literature provided for them at the expense

of the inhabitants of the United Kingdom.”

(_Extract from a Paper by the Minister of Finance on the Copyright-Law in

Canada._)

“The consequence of this anomalous state of the Law is that Canada

receives large supplies of American reprints of English Copyright books,

which are sold at a much higher rate than if printed in Canada; while, at

the same time, so generally is the payment of the 12½ per cent. Customs

duty evaded, and so trifling is the whole amount realised from that

source (the total received last year for the whole Dominion of Canada

being only $799.43, or 164_l._ 5s. 3d. sterling, the average of the

preceding four years being only 115_l._ 1s. 3d., sterling), that so far

as regards the pecuniary or other interests of English authors, for whose

protection the duty was imposed and in whose behalf it is collected, the

effect is practically the same as if the reprints were avowedly admitted

duty free....

“It is believed that if this privilege were extended to Canadian

publishers, they would avail themselves of it to a very large extent, and

as the Excise duty of 12½ per cent. could, under proper regulations, be

very easily levied, a substantial revenue would accrue therefrom for the

benefit of English authors; and further, that a great impetus would be

given to the interests of printers, publishers, paper manufacturers, type

founders, and other important kindred branches of material industry, and

indirectly to the interests of literature and literary men....

“An American or any other foreign author, by publishing his work first

in the United Kingdom, may obtain for himself all the benefits of the

English Copyright-Law. One of those benefits, as the law now stands, is

to prohibit its reprint in any portion of Her Majesty’s dominions out of

the United Kingdom. He can equally procure its Copyright in the United

States, and the consequence is that the price of literature is enhanced

to British subjects in all Her Majesty’s Colonial possessions, since to

them and to them only can the prohibition to republish apply or be made

effectual.

“England does not confine the protection which she thus extends to her

own authors. The foreign author is protected against all her Colonial

subjects, provided he publishes first within the confines of Great

Britain and Ireland. She will not recognise a publication in a Colonial

possession as a compliance with the Copyright Act, but limits the place

of publication to the United Kingdom.

“Such the undersigned understands to have been the solemn interpretation

of the law by the House of Lords in the recent case of ‘Routledge and

Lowe’ (‘New Law Report,’ Appeal Cases, vol. ii., pp. 100-121), and he

would very strongly call attention to the unfair position in which the

policy of that law places the Canadian publisher and the Canadian public.

“The mere circumstance of the publishing in the United Kingdom gives

the author a monopoly throughout the entire area of the British

dominions—that author, in the opinion of the then Lord Chancellor Cairns,

need not be a native-born subject of the Crown; he need not be an alien

friend sojourning in the United Kingdom; he need not be sojourning

in a British Colony, but he may be a foreigner residing abroad. This

protection is afforded, in the language of Lord Cairns, to induce the

author to publish his work in the United Kingdom.

“If the policy of England, in relation to Copyright, is to stimulate, by

means of the protection secured to literary labour, the composition of

works of learning and utility, that policy is not incompatible with such

a modification of law as will place the Colonial publisher on a footing

of equality not only with the publisher in the United States, but even

with the publisher in the United Kingdom....

“If the rate of duty, whether import or excise, were inadequate, it would

be an equally reasonable argument against the extension of the law; and

in that case the rate could be augmented.”

TENDENCIES OF COPYRIGHT AMENDERS.

That pretensions under Copyright are becoming so formidable as to

demand very serious attention on the part of statesmen and of all who

desire to maintain the integrity of our national inheritance of a

world-wide, heartily-united empire, and imperial freedom from odious,

inquisitorial, and impracticable restraints, especially such as might

hinder intellectual and moral development, will be evident to any person

who takes pains to study and follow out to their necessary consequences

the provisions contained in the following transcripts from a Bill lately

introduced by an ex-Lord Chancellor, “for Consolidating and Amending the

Law of Copyright in Works of Fine Art:”

_Fine Arts Copyright Consolidation and Amendment._ [32 Vict.]

Design.—An original conception represented by the author

thereof in any work of fine art.

Drawing or Painting.—Every original drawing or painting, made

in any manner and material, and by any process.

Photograph shall mean and include every original photograph.

Sculpture.—Every original work, either in the round, in relief,

or intaglio, made in any material, and by any process.

Engraving.—Every original engraving and lithograph made upon a

plate, block, or slab, of any material, by any process, whereby

impressions may be taken from such plate, block, or slab, and

the impressions taken from the same.

Work of Fine Art.—Every drawing, painting, photograph, work of

sculpture, and engraving as herein-before interpreted.

Extending to all parts of the United Kingdom of Great Britain

and Ireland, the Channel Islands, the Isle of Man, and _all

the colonies_ and possessions of the Crown which now are, or

hereafter may be, created or acquired.

3. The author of every original work of fine art, if made, or

first sold, after the commencement of this Act, such author

being a British subject, or resident within any part of the

British dominions at the time such work shall be made or first

sold, and the assigns of such author, shall have the Copyright

of sole and exclusive right of copying, reproducing, and

multiplying such work, and the design thereof, in the British

dominions, by any means, and of any size, for the term of the

natural life of such author, and thirty years after his death,

but subject to the following conditions and restrictions; (that

is to say), &c.

9. If the author of any work of fine art in which there shall

be subsisting Copyright, after having become divested of such

Copyright, or if any other person, not being the proprietor for

the time being of the Copyright in any work of fine art, shall

by any means unlawfully repeat, copy, imitate, or otherwise

multiply for sale, hire, exhibition, or _distribution_, or

cause or procure to be repeated, copied, imitated, or otherwise

multiplied for sale, hire, exhibition, or distribution,

any such work, or the design thereof, _or any part of such

design_, or, knowing that any such repetition, copy, or other

imitation has been unlawfully made, shall _import_ or export

into or out of _any part of the British dominions_, or sell,

publish, let to hire, exhibit, or distribute, or offer for

sale, hire, exhibition, or distribution, or cause or procure

to be so imported, or exported, or sold, published, let to

hire, distributed, or offered for sale, hire, exhibition, or

distribution, any unlawful repetition, copy, or imitation of

any such work, or of the design thereof, such person for every

such offence shall forfeit to the registered proprietor for the

time being of the Copyright thereof a sum not exceeding twenty

pounds, and not less than two pounds, for every first offence,

and not less than five pounds, for every subsequent offence, &c.

11. All repetitions, copies, or imitations of any work of fine

art, or the design thereof, wherein there shall be subsisting

Copyright under this Act, and which, contrary to the provisions

of this Act, shall have been made in any foreign State, are

hereby absolutely prohibited to be imported into any part of

the British dominions, except by or with the consent of the

registered proprietor of the Copyright thereof, or his agent

authorised in writing; and if the registered proprietor for the

time being of any such Copyright or his agent shall declare,

_or if any officer of Her Majesty’s Customs shall suspect_,

that any goods imported are prohibited repetitions, copies,

or imitations of any such work of fine art, or of the design

thereof, then _such goods may be detained_, unpacked, and

examined by the officers of Her Majesty’s Customs.

12. The _Commissioners of Customs_ shall cause to be made, and

_publicly exposed at the several ports_ of the United Kingdom,

_and in Her Majesty’s possessions abroad, printed lists of all

works of fine art wherein Copyright shall be subsisting_, and

as to which the registered _proprietor_ for the time being of

such Copyright, _or his agent_, shall have given notice in

writing to the said Commissioners that such Copyright exists,

stating in such notice when such Copyright expires, and shall

have made and subscribed a declaration before the collector of

the Customs, or any justice of the peace, at some port or place

in the United Kingdom or in Her Majesty’s possessions abroad,

that the contents of such notice are true. The provisions

contained in the Acts now in force, or at any time to be in

force, regarding Her Majesty’s Customs, as to the application

to the courts and judges by any person aggrieved by the entry

of any book in the lists of books to be made and publicly

exposed by the said Commissioners under the said Acts, and

the expunging any such entry, shall apply to the entry of any

work of fine art in the lists thereof to be made by virtue of

this Act, in the same manner as if such provisions were herein

expressly enacted, with all necessary variations in relation to

such last-mentioned lists, &c.

13. _Every person who shall import_ or export, or cause to be

imported or exported, into or out of any part of the British

dominions, or shall _exchange_, publish, sell, let to hire,

_exhibit_, or _distribute_, or offer, or hawk, or carry

about, or keep for sale, hire, exhibition, or distribution,

any unlawful copy, repetition, or imitation of any work of

fine art, in which, or in the design whereof, there shall be

subsisting registered Copyright, shall be bound, on demand in

writing, delivered to him or left for him at his last known

dwelling-house or place of business, by or on behalf of the

registered proprietor for the time being of such Copyright,

to give to the person requiring the same, or his attorney

or agent, within forty-eight hours after such demand, _full

information in writing of the name and address of the person

from whom, and of the times when, he shall have imported,

purchased, or obtained_ such unlawful copy, repetition, or

imitation, also the number of such copies, repetitions, or

imitations which he has obtained, and also to produce to the

person requiring such information all invoices, books, and

other documents relating to the same; and it shall be lawful

for any justice of the peace, on information on oath of such

demand having been made, and of the refusal or neglect to

comply therewith, to summon before him the person guilty of

such refusal or neglect, and on being satisfied that such

demand ought to be complied with, to order such information to

be given and such production to be made within a reasonable

time to be fixed by him.

14. Upon proof by the oath of _one credible person_ before _any

justice of the peace_, court, sheriff, or other person having

jurisdiction in any proceeding under this Act that there is

reasonable cause to _suspect_ that _any person has in his

possession_, or in any house, shop, or other place for sale,

hire, distribution, or public exhibition, any copy, repetition,

or imitation of any work of fine art in which, _or in the

design whereof_, there shall be subsisting and registered

Copyright under this Act, and that such copy, repetition, or

imitation has been made without the consent in writing of the

registered proprietor of such Copyright, it shall be lawful

for such justice, court, sheriff, or other person as aforesaid

before whom any such proceeding is taken, and he or they is and

are hereby required to _grant his or their warrant, to search

in the daytime such house_, shop, or other place, and if any

such copy, repetition, or imitation, or any work which may be

reasonably suspected to be such, shall be found therein, to

cause the same to be brought before him or them, or before some

other justice of the peace, court, sheriff, or other person as

aforesaid, &c.

15. If any person, elsewhere than at his own house, shop,

or place of business, shall hawk, carry about, offer,

utter, _distribute_, or sell, or keep for sale, hire, or

_distribution_, _any_ unlawful copy, repetition, or _colourable

imitation_ of any work of fine art in which, or in the design

whereof, there shall be subsisting and registered Copyright

under this Act, all such unlawful articles may be _seized

without warrant, by any peace officer, or the proprietor of

the Copyright, or any person authorised by him_, and forthwith

taken before any justice of the peace, court, sheriff, &c.

23. Under this Act there shall be kept at the hall of the

Stationers’ Company by the registrar appointed by the said

company for the purposes of the Act passed in the sixth year of

the reign of her present Majesty, intituled “An Act to amend

the Law of Copyright,” three several books or sets of books,

which shall be called as follows:

(1.) The register of proprietors of Copyright in

original drawings and pictures:

(2.) The register of proprietors of Copyright in

original photographs and engravings:

(3.) The register of proprietors of Copyright in

original works of sculpture.

In the first of such registers shall be entered a memorandum of

every Copyright, _or of any limited legal interest therein_, to

which any person shall claim to be entitled under this Act in

any original drawing or painting, and also of _any subsequent

assignment_ of such Copyright or _limited legal interest

therein_; and such memorandum shall contain a statement of the

several particulars required by the form applicable for that

purpose in Part I. of the third schedule to this Act; and in

addition thereto the person registering shall annex to the

memorandum under which he requires the entry to be made an

outline, sketch, or photograph of the drawing or painting to

which such memorandum refers, &c.

⁂ Again adverting to the case of Ireland, let it be remembered it was

only so late as 1836 that an Act was passed “to extend the protection of

Copyright in prints and engravings to Ireland.”

This Bill of Lord Westbury’s, after having been referred to a Select

Committee of the House of Lords, has been withdrawn, but only for the

present Session. The reason for withdrawal is found in amendments

recommended by the Committee, one of which is that it should extend only

to the United Kingdom and Channel Islands. The subjoined extracts from a

printed defence of the Bill, by D. Roberton Blaine, Esq., will be read

with interest, as showing how influential is the quarter whence the Bill

emanates, and not less on account of their allusion to Patent-right and

their other interesting contents.

This Bill has been prepared by direction of the Council of the

Society of Arts, Manufactures, and Commerce, in consequence of

a memorial having been presented to the Council, signed by a

considerable number of the most eminent artists and publishers

resident in London....

There is no Copyright in the _ideas_ embodied in a work of

literature or of fine art....

It is quite otherwise according to our Patent-Laws. Under them

the _idea_ of an author is everything, so to speak, and is

rigidly protected. Thus, for example, suppose A produces a new

manufacture by means of a very imperfect and clumsy machine,

or chemical process, which he invents and patents; and suppose

afterwards that B invents a very perfect and simple machine, or

chemical process, whereby he can produce the same manufacture

as A, but better and cheaper than his. In such a case the

Patent-Laws prohibit B from making any use of his improvement

for making the manufacture of A during the continuance of his

Patent, unless with his consent. This arises from its being

a leading _principle_ of our Patent-Laws, that where a new

invention has been secured by a valid and existing Patent no

one is allowed during the continuance of that Patent to produce

_the same results by a mechanical or chemical equivalent_.

Hence the great source of complaints and of the litigation

arising under our Patent-Laws. Thus it is that a patented

manufacture precludes any improvements therein except by the

patentee, or with his consent, during the term of his Patent....

In Italy, at the expiration of such forty years, although any

one may then make and sell copies of the work, the person doing

so must, during a second term of forty years, annually pay to

the proprietor of the Copyright 5 per cent. (calculated at the

_published_ price) upon all copies sold by the person so making

and selling such copies. As to France, her Copyright-Laws are

expressly extended to all her colonies. And, by the 8th Article

of Her Majesty the Queen’s Copyright Convention with France,

dated 3rd November, 1851, _reciprocal_ protection is agreed to

be given in favour of Copyright works _first_ published in “the

territories of France,” or in “the British dominions.” This

appears to show that both States clearly intended that such

reciprocal protection should extend to their colonies. It is

also stipulated by the 7th Article that “pirated works _shall

be seized_ and destroyed.” Now the French law very justly

declares the piracy of Copyright property to be a _crime_

(_delit_), and provides rapid and effectual means for enabling

the proprietor of the Copyright to seize both the pirate

and the fraudulent copies, plates, &c., in his possession.

Yet, according to the present state of the British Artistic

Copyright-Laws, no such powers of seizure, as expressly agreed

by Her Majesty the Queen’s Convention, exist in the British

dominions; nor does any protection whatever for _artistic_

Copyright works extend beyond the United Kingdom; no, not even

to the Isle of Man, or to the Channel Islands!

This important and novel subject is likely soon to receive useful

illustration from a Parliamentary return to be moved for by the Right

Hon. T. H. Headlam. From another of that gentleman’s Returns a

suggestive extract is also subjoined.

It contains evidence that long ago impatience of existing restraints

was in vigorous action in the British Colonies—evidence that payment of

authors by royalties is a system that commands State concurrence—and

evidence how over-ready the State is, or how circumstances are formed so

as to compel it, to undertake work for authors and publishers by means

of its Custom-house officers. On this last point I am happy also to

produce an important paper kindly furnished by Michael Daly, Esq., of Her

Majesty’s Customs. Mr. Daly’s note deserves to be pondered in prospect

of the re-appearance next Session of the Board of Trade’s “Trade-Marks

Registration Bill.”[11]

The extracts which I have agglomerated show that the idea of employing

officers of _Excise_ as well as those of Customs is seriously propounded,

but this is by no means all the useful information they convey.

[11] Would it not be well to confine registration to _names_ of firms or

premises without recognising _marks_?

COLONIAL DUTIES ON COPYRIGHT WORKS.

_Return of all the Colonies and British Possessions in favour of which

Orders in Council have been issued under the Act 10 and 11 Vict., c.

95, suspending the Prohibition of Importation of Reprints of British

Copyright Works._

NEW BRUNSWICK.—An _ad valorem_ duty of 20 per cent. on the

_bonâ fide_ price of the publication, imposed on importation;

such duty to be transmitted through Her Majesty’s Government

for the benefit of the author.

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