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in an action is the assignee of a former proprietor already registered, either the assignment must have been by entry in the register, or the assignment, if made otherwise, must be entered. In every case the plaintiff, either as proprietor at the date of registration or as his assignee, must appear on the face of the register. It is probably not necessary to register every mesne assignment from the proprietor originally registered to the plaintiff. When the original proprietor is registered, and the assignee from him is subsequently registered, it is necessary that both entries should be correct, in order to entitle the assignee to sue. If the proprietor has no fixed abode in the United Kingdom, an address in the United Kingdom through which he can be conveniently communicated with will probably be a sufficient compliance with the statute.1

If there is an error in any of the particulars required to be entered in the register it is fatal to the success of an action, even although caused by neglect or carelessness on the part of one of the officials at Stationers' Hall. If the necessary particulars are entered it is immaterial that superfluous matter is also entered."

Certificate of Registration.-The officer appointed by the Stationers' Company for the purposes of registration under the Copyright Acts must, whenever reasonably required, give a copy of any entry in the Book of Registry, certified under his hand and impressed with the stamp of the Stationers' Company, to any person on payment of five shillings, and such copies are to be received in evidence in all Courts, and are prima facie proof of the proprietorship or assignment of copyright or licence, but subject to be rebutted by other evidence. Registration does not, however, give a title against the whole world except the true owner.

1 Liverpool General Brokers v. Commercial Press [1897], 2 Q. B., 1; Morang v. Publishers (1900), 32 Ont. Rep., 393.

452.

2 Weldon v. Dicks (1878), 10 Ch. D., 247.

3 Low v. Routledge (1864), 33 L. J. Ch., 717; 10 L. T. (N.S.), 838.

4 Lover v. Davidson (1856), 1 C. B. (N.S.), 182.

Cassell v. Stiff (1856), 2 K. and J., 279.

6 Fairlie v. Boosey (1879), 4 A. C., 711.

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& 6 Vict. c. 45, sec. 11; Hildesheimer & Faulkner v. Dunn (1891), 64 L. T. (N.S.),

8 Lucas v. Cooke (1880), 13 Ch. D., 872.

False Entries. If any person wilfully makes or causes to be made any false entry in the Registry Book of the Stationers' Company, or wilfully produces in evidence any paper falsely purporting to be a copy of any entry in such book, he will be guilty of an indictable misdemeanour.1

Rectification of Register.-If any person "deems himself aggrieved" by any entry in the Registry Book, he may apply by motion to the King's Bench Division for an order that such entry may be expunged or varied. An order to expunge will not be made at the trial of an action: it must be applied for by motion in accordance with section 14, unless, perhaps, it is specifically claimed in the statement of claim in the action. There is probably no appeal from an order to expunge. If a wrong entry has been made in the Book of Registry, the proprietor of the copyright in the book so erroneously entered is, even although he has by mistake made the wrong entry himself, a person aggrieved within the meaning of the statute, and can apply to the Court for an order to vary such entry. An order to expunge or vary will not be made without definite proof that the existing entry is erroneous, and that the proposed entry in lieu thereof is correct. By the words "deem himself aggrieved" the legislature did not mean that any person who said he was aggrieved could apply: the applicant must show to the Court that he has a right to consider himself aggrieved. When the copyright in a book is in dispute either party claiming the right is a party aggrieved. If a non-copyright book is entered on the register, probably any one who wished to copy it would be a party aggrieved; but it is not open to any one to make application to the Court on the ground of technical flaws in a registration.10 The applicant, unless he claims the copyright,

702.

9

1 & 6 Vict. c. 45, sec. 12.

5

2

5 & 6 Vict. c. 45, sec. 14.

3 Hole v. Bradbury (1879), 12 Ch. D., 886; 48 L. J. Ch., 673.

4 In re The Young Duchess (1891), 8 T. L. R., 41.

5 Ex parte Poulton (1884), 53 L. J., Q. B., 320; in re Hall (1899), 24 Vict. L. R.,

6 Ex parte Davidson (1856), 18 C. B., 296; see in re Martin (1884), 10 Vict. L. R., Law., 196.

7 Blackburn, J., Graves' case, 10 B. and S., at p. 688.

8 Ex parte Bastow (1854), 14 C. B., 631.

9 Ex parte Davidson (1856), 18 C. B., 296; Chappell v. Purday (1843), 12 M. and W., 303.

10 Graves' case (1869), 4 Q. B., 715.

must be able to show a substantial defect on the merits of the registered proprietor's title.1

When once an entry on the register has been struck out, the Court has probably no power to restore it.2

SECTION VI.-DELIVERY OF COPIES TO LIBRARIES.

Copies of all books first published in the United Kingdom after 1842 must be delivered to the undermentioned libraries by the publisher. In default the respective librarians may recover from the publisher: 3

i. The value of the copy which ought to have been delivered. ii. A sum not exceeding £5.

iii. Solicitor and client costs.

The proceedings may either be summary by way of conviction before two Justices of the Peace in the county or place where the publisher making default resides, or by action in any Court of Record in the United Kingdom.+

The following copies are to be delivered :

I. To the British Museum : 5

One of the best copies published (complete with maps and prints) of

i. Every book first published.

ii. Every subsequent edition of a book, unless

(a) it contains no additions or alterations, and (b) some preceding edition has been delivered: Within one calendar month after publication or offering for sale in London.

Within three calendar months after publication or offering for sale elsewhere in the United Kingdom.

The copy must be delivered between 10 A.M. and 4 P.M. on any day except Sunday, Ash Wednesday, Good Friday, and Christmas Day.

The officer of the Museum appointed to receive these copies is required to give a receipt in writing.?

1 Graves' case (1869), 4 Q. B., 715.

2 Chappell v. Purday (1843), 12 M. and W., 303; ex parte Davidson (1856), 18 C. B., at

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II. To each of the following Libraries, or to Stationers' Hall for

their use:

The Bodleian Library at Oxford.

The Public Library at Cambridge.

The Library of the Faculty of Advocates at Edinburgh.
The Library of Trinity College at Dublin.

One copy of those copies of which the largest number is
printed for sale, and in the like condition of

i. Every book first published.

ii. Every subsequent edition of a book, unless (a) it contains no alterations or additions. Within one month after demand.

Provided that within twelve months after publication demand has been made to the publishers under the hand of the officer of the Company of Stationers or other person authorised thereto by the respective libraries. The officer at Stationers' Hall and librarians of the several libraries are required to give a receipt in writing when a copy of a book is delivered to them.

The clauses as to delivery of copies are to be considered as being strictly penal. In The British Museum v. Payne,2 under the similar provisions in 54 Geo. III. c. 156, it was held that when a book was published in parts, a single part was not demandable. The Court refused to consider the question when, if ever, the complete book would be demandable.

It will be noticed that neither the copyright nor the right to sue is affected by non-delivery of these copies. The only consequence of omission to do so is a penalty on the publisher.

The right of the various bodies to delivery of a copy applies to all books published within the United Kingdom and not only to those entered at Stationers' Hall.3

SECTION VII.-DURATION OF PROTECTION.

Protection dates from first publication.

Generally. The period of protection is for the natural life of the author and for seven years after his death, or for forty

1 5 & 6 Vict. c. 45, sec. 8.

2 (1828), 4 Bing., 540.

3 Cf. Cambridge University v. Bryce (1812), 16 East., 317; Routledge v. Low (1868), L. R., 3 H. L., 100.

two years from the date of publication, whichever period shall

be longer.1

Posthumous Works are protected for forty-two years from the date of publication.2

Encyclopædias are protected for the life of the proprietor and seven years (by 5 & 6 Vict. c. 45, sec. 18, the proprietor of a collective work enjoys the same rights as if he were the actual author thereof), or for forty-two years from the date of publication, whichever period shall be the longer.3

Reviews, Magazines, and other periodical works of a like nature⭑ have two separate copyrights, viz. :—

i. The proprietor's copyright in the publication, as a whole, for his life and seven years, or forty-two years from first publication.

ii. The contributor's copyright in his separate contribution as a separate work, beginning twenty-eight years after publication of the collective work, or on separate publication, if such should by agreement take place within the twenty-eight years, and lasting for his life and seven years, or forty-two years from first publication in the collective work.

New Editions.5-As to each edition, the copyright runs from the date of publication thereof, in so far as the matter therein is then first published.

Joint Works. Although there is no statutory provision, they are probably protected for the life of the surviving author and seven years, or for forty-two years from first publication."

SECTION VIII.-COPYRIGHT IN LECTURES.

There is no lecturing right, i.e. no exclusive statutory right to deliver a lecture in public. The only Act applying to lectures is 5 & 6 Will. IV. c. 65, which, under pain of penalties, prohibits printing or publishing, or knowingly selling lectures, which at the time of delivery have not been published in book form, without leave of the author thereof, or of the person to whom

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