similar Time so specified in any such last-mentioned Order the Enactments of and perthe said Dramatic Literary Property Act and of the said Copyright Amend- formed in Foreign ment Act, and of any other Act for the Time being in force with relation Countries to the Liberty of publicly representing and performing Dramatic Pieces or shall have Musical Compositions, shall, subject to such Limitation as to the Duration Rights in of the Right conferred by any such Order as shall be therein contained, the British apply to and be in force in respect of the Dramatic Pieces and Musical Dominions, Compositions to which such Order shall extend, and which shall have been registered as herein-after is provided, in such and the same Manner as if such Dramatic Pieces and Musical Compositions had been first publicly represented and performed in the British Dominions, save and except such of the said Enactments or such Parts thereof as shall be excepted in such Order. served as to Registry and to Delivery of Copies. VI. Provided always, That no Author of any Book, Dramatic Piece Particulars or Musical Composition, or his Executors, Administrators, or Assigns, to be oband no Inventor, Designer, or Engraver of any Print, or Maker of any Article of Sculpture, or other Work of Art, his Executors, Administrators, or Assigns, shall be entitled to the Benefit of this Act, or of any Order in Council to be issued in pursuance thereof, unless, within a Time or Times to be in that Behalf prescribed in each such Order in Council, such Book, Dramatic Piece, Musical Composition, Print, Article of Sculpture, or other Work of Art, shall have been so registered, and such Copy thereof shall have been so delivered as herein-after is mentioned; (that is to say,) as regards such Book, and also such Dramatic Piece or Musical Composition, (in the event of the same having been printed,) the Title to the Copy thereof, the Name and Place of Abode of the Author or Composer thereof, the Name and Place of Abode of the Proprietor of the Copyright thereof, the Time and Place of the first Publication, Representation, or Performance thereof, as the Case may be, in the Foreign Country named in the Order in Council under which the Benefits of this Act shall be claimed, shall be entered in the Register Book of the Company of Stationers in London, and One printed Copy of the whole of such Book, and of such Dramatic Piece or Musical Composition, in the event of the same having been printed, and of every Volume thereof, upon the best Paper upon which the largest Number or Impression of the Book, Dramatic Piece, or Musical Composition shall have been printed for Sale, together with all Maps and Prints relating thereto, shall be delivered to the Officer of the Company of Stationers at the Hall of the said Company; and as regards Dramatic Pieces and Musical Compositions in Manuscript, the Title to the same, the Name and Place of Abode of the Author or Composer thereof, the Name and Place of Abode of the Proprietor of the Right of representing or performing the same, and the Time and Place of the first Representation or Performance thereof in the Country named in the Order in Council under which the Benefit of the Act shall be claimed, shall be entered in the said Register Book of the said Company of Stationers in London; and as regards Prints, the Title thereof, the Name and Place of Abode of the Inventor, Designer, or Engraver thereof, the Name of the Proprietor of the Copyright therein, and the Time and Place of the first Publication thereof in the Foreign Country named in the Order in Council under which the Benefits of the Act shall be claimed, shall be entered in the said Register Book of the said Company of In case of Books pub lished ano nymously, the Name of the Pub lisher to be sufficient. The Provi sions of the Copyright Amendment Act as regards Entries in the Regis the Com pany of Stationers in London, and a Copy of such Print, upon the best Paper upon which the largest Number or Impressions of the Print shall have been printed for Sale, shall be delivered to the Officer of the Company of Stationers at the Hall of the said Company; and as regards any such Article of Sculpture, or any such other Work of Art as aforesaid, a descriptive Title thereof, the Name and Place of Abode of the Maker thereof, the Name of the Proprietor of the Copyright therein, and the Time and Place of its first Publication in the Foreign Country named in the Order in Council under which the Benefit of this Act shall be claimed, shall be entered in the said Register Book of the said Company of Stationers in London; and the Officer of the said Company of Stationers receiving such Copies so to be delivered as aforesaid shall give a Receipt in Writing for the same, and such Delivery shall to all Intents and Purposes be a sufficient Delivery under the Provisions of this Act. VII. Provided always, That if a Book be published anonymously it shall be sufficient to insert in the Entry thereof in such Register Book the Name and Place of Abode of the first Publisher thereof, instead of the Name and Place of Abode of the Author thereof, together with a Declaration that such Entry is made either on behalf of the Author or on behalf of such first Publisher, as the Case may require. VIII. And be it enacted, That the several Enactments in the said Copyright Amendment Act contained with relation to keeping the said Register Book, and the Inspection thereof, the Searches therein, and the Delivery of certified and stamped Copies thereof, the Reception of such Copies in Evidence, the making of false Entries in the said Book, and the Production in Evidence of Papers falsely purporting to be Copies of ter Book of Entries in the said Book, the Applications to the Courts and Judges by Persons aggrieved by Entries in the said Book, and the expunging and Stationers, varying such Entries, shall apply to the Books, Dramatic Pieces, and Musical Compositions, Prints, Articles of Sculpture, and other Works of Art, to which any Order in Council issued in pursuance of this Act shall extend, and to the Entries and Assignments of Copyright and Proprietorship therein, in such and the same Manner as if such Enactments were here expressly enacted in relation thereto, save and except that the Forms of Entry prescribed by the said Copyright Amendment Act may be varied to meet the Circumstances of the Case, and that the Sum to be demanded by the Officer of the said Company of Stationers for making any Entry required by this Act shall be One Shilling only. &c., to apply to Entries under this Act. As to ex varying Entry grounded first Pub IX. Every Entry made in pursuance of this Act of a first Publication punging or shall be primâ facie Proof of a rightful first Publication; but if there be a wrongful first Publication, and any Party have availed himself thereof to obtain an Entry of a spurious Work, no Order for expunging or varying in wrongful such Entry shall be made unless it be proved to the Satisfaction of the Court or of the Judge taking cognizance of the Application for expunging or varying such Entry, first, with respect to a wrongful Publication in a Country to which the Author or first Publisher does not belong, and in regard to which there does not subsist with this Country any Treaty of International Copyright, that the Party making the Application was the Author or first Publisher, as the Case requires; second, with respect to a lication. wrongful first Publication either in the Country where a rightful first Publication has taken place, or in regard to which there subsists with this Country a Treaty of International Copyright, that a Court of competent Jurisdiction in any such country where such wrongful first Publication has taken place has given Judgment in favour of the Right of the Party claiming to be the Author or first Publisher. wherein this Act Countries the Book was first X. All Copies of Books wherein there shall be any subsisting Copyright Copies of under or by virtue of this Act, or of any Order in Council made in Books pursuance thereof, printed or reprinted in any Foreign Country except Copyright that in which such Books were first published, shall be and the same are is subsisthereby absolutely prohibited to be imported into any Part of the British ing under Dominions, except by or with the Consent of the registered Proprietor of printed in the Copyright thereof, or his Agent authorised in Writing, and if imported Foreign contrary to this Prohibition the same and the Importers thereof shall be other than subject to the Enactments in force relating to Goods prohibited to be im- those ported by any Act relating to the Customs; and as respects any such wherein Copies so prohibited to be imported, and also as respects any Copies unlawfully printed in any Place whatsoever of any Books wherein there published shall be any such subsisting Copyright as aforesaid, any Person who shall prohibited in any Part of the British Dominions import such prohibited or unlawfully ported. printed Copies, or who, knowing such Copies to be so unlawfully imported or unlawfully printed, shall sell, publish, or expose to sale or hire, or shall cause to be sold, published, or exposed to sale or hire, or have in his Possession for sale or hire, any such Copies so unlawfully imported or unlawfully printed, such Offender shall be liable to a special Action on the Case at the Suit of the Proprietor of such Copyright, to be brought and prosecuted in the same Courts and in the same Manner, and with the like Restrictions upon the Proceedings of the Defendant, as are respectively prescribed in the said Copyright Amendment Act with relation to Actions thereby authorised to be brought by Proprietors of Copyright against Persons importing or selling Books unlawfully printed in the British Dominions. XI. The said Officer of the said Company of Stationers shall receive at the Hall of the said Company every Book, Volume, or Print so to be delivered as aforesaid, and within One Calendar Month after receiving such Book, Volume, or Print shall deposit the same in the Library of the British Museum. to be im Officer of Stationers' in the Second or Editions. XII. Provided always, That it shall not be requisite to deliver to the said Officer of the said Stationers' Company any printed Copy of the subsequent Second or of any subsequent Edition of any Book or Books so delivered as aforesaid, unless the same shall contain Additions or Alterations. Orders in Council may specify different Periods for XIII. The respective Terms to be specified by such Orders in Council respectively for the Continuance of the Privilege to be granted in respect of Works to be first published in Foreign Countries may be different for Works first published in different Foreign Countries and for different Classes of such Works; and the Times to be prescribed for the Entries Foreign to be made in the Register Book of the Stationers' Company, and for the Deliveries of the Books and other Articles to the said Officer of the and for different Countries different Classes of Works. No Order in Council Effect Stationers' Company, as herein-before is mentioned, may be different for XIV. Provided always, That no such Order in Council shall have any Effect unless it shall be therein stated, as the Ground for issuing the same, to have any that due Protection has been secured by the Foreign Power so named in such Order in Council for the Benefit of Parties interested in Works first published in the Dominions of Her Majesty similar to those comprised in such Order.1 unless it states that reciprocal Protection is secured. Orders in Council to be published in Gazette, and to have same Effect as this Act. Orders in Council to be laid be XV. Every Order in Council to be made under the Authority of this XVI. A Copy of every Order of Her Majesty in Council made under this Act shall be laid before both Houses of Parliament within Six Weeks fore Parlia- after issuing the same, if Parliament be then sitting, and if not, then within Six Weeks after the commencement of the then next Session of Parliament. ment. Orders in Council may be revoked. Translations. Authors of Works first published in Foreign Countries not en XVII. It shall be lawful for Her Majesty by an Order in Council from XVIII. Provided always, That nothing in this Act contained shall be XIX. Neither the Author of any Book, nor the Author or Composer of any Dramatic Piece or Musical Composition, nor the Inventor, Designer, or Engraver of any Print, nor the Maker of any Article of Sculpture, or of such other Work of Art as aforesaid, which shall after the passing of this Act be first published out of Her Majesty's Dominions, shall have Copyright any Copyright therein respectively, or any exclusive Right to the public Representation or Performance thereof, otherwise than such (if any) as he may become entitled to under this Act. titled to except under this Act. Interpretation Clause. XX. In the Construction of this Act the Word "Book" shall be 1 Repealed International Copyright Act, 1886, sec. 12. 3 Ibid. 4 See pp. 41, 128, 151, 162, 168. Her Majesty in Council," "Order in Council," and "Order," shall respectively mean Order of Her Majesty acting by and with the Advice of Her Majesty's Most Honourable Privy Council; and the Expression "Officer of the Company of Stationers" shall mean the Officer appointed by the said Company of Stationers for the Purposes of the said Copyright Amendment Act; and in describing any Persons or Things any Word importing the Plural Number shall mean also One Person or Thing, and any Word importing the Singular Number shall include several Persons or Things, and any Word importing the Masculine shall include also the Feminine Gender; unless in any of such Cases there shall be something in the Subject or Context repugnant to such Construction. XXI. This Act may be amended or repealed by any Act to be passed in Act may be this present Session of Parliament.1 repealed this Session. THE COLONIAL COPYRIGHT ACT, 1847.2 10 & 11 VICT. C. 95. An Act to amend the Law relating to the Protection in the Colonies of [22nd July 1847.] 5 & 6 Vict. č. 45. I. Whereas by an Act passed in the Session of Parliament holden in the Fifth and Sixth Years of Her present Majesty, intituled An Act to amend the Law of Copyright, it is amongst other things enacted, that it shall not be lawful for any Person not being the Proprietor of the Copyright, or some Person authorised by him, to import into any Part of the United Kingdom, or into any other Part of the British Dominions, for Sale or Hire, any printed Book first composed or written or printed or published in any Part of the United Kingdom wherein there shall be Copyright, and reprinted in any Country or Place whatsoever out of the British Dominions: And whereas by an Act passed in the Session of Parliament holden in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled An Act to 8 & 9 Vict. regulate the Trade of the British Possessions abroad, Books wherein the c. 93. Copyright is subsisting, first composed or written or printed in the United Kingdom, and printed or reprinted in any other Country, are absolutely prohibited to be imported into the British Possessions abroad: And whereas by the said last-recited Act it is enacted, that all Laws, Bye-Laws, Usages, or Customs in practice, or endeavoured or pretended to be in force or practice in any of the British Possessions in America, which are in anywise repugnant to the said Act or to any Act of Parliament made or to be made in the United Kingdom, so far as such Act shall relate to and mention the said Possessions, are and shall be null and void to all Intents and Purposes whatsoever: 3 In case the Legislature or proper legislative Authorities in Her Maany British Possession shall be disposed to make due Provision for securing or protecting the Rights of British Authors in such Possession, and shall pass an Act or make an Ordinance for that Purpose, and shall 1 Repealed Stat. Law Rev. Act, 1874 (2). 2 Usually known as The Foreign Reprints Act. See p. 187. 3 Repealed Stat. Law Rev. Act, 1891. jesty may suspend in certain Cases the Y |