Rutley, L. T. June 3, 1871, p. 85; Weekly Notes, June 3, 1871, p. 122; Notes of Cases, June 9, 1871, p. 127.) The Court of Common Pleas considered that joint authorship consisted in the co-operation of two or more authors in a common design, and that where there was no joint concert as to the general design and arrangement of the play, the person at whose request it was written, and who, besides making several alterations of an unimportant character, had introduced one entirely new scene, was not, as joint author, entitled, after the death of the writer, to sue for penalties for the unauthorised performance of the piece, although the deceased writer had given him a receipt for a sum of money on account, expressed to be for his "share as joint author:" (Ibid.) The court said that, to hold otherwise would give a copyright to many lives instead of to one life, as the statute contemplated; and if the contributor of an alteration or scene were held to be a co-author, the consequence would be that as many authors as had written a scene or made an alteration in a dramatic piece might each of them bring an action for penalties. PAGE 127, before the last line, insert: An Act respecting copyrights in Canada was passed in 1868 (31 Vict. c. 54, being the first session of the first Parliament of Canada) by the Senate and House of Commons of Canada, and Her Majesty. Canadian copyright. assented to by Publication in necessary. The most important provision of this Act is contained in the 9th section, which enacts that to entitle any literary production or engraving, which is the work of a person resident in Great Britain or Ireland, to the protection of the Act, the work must be "printed and published in Canada," and must contain, in addition to a notice of having been entered according to Act of Parliament of Canada, and immediately after it, "the name and place of abode or business in Canada of the printer and publisher thereof." copyright in Canada. The persons who may possess copyright, and the works in Who may have which it may be enjoyed, are dealt with by the 3rd section. It provides that "any person resident in Canada, or any person being a British subject, and resident in Great Britain or Ireland, who is the author of any book, map, chart, or musical composition, or of any original painting, drawing, statuary, sculpture, or photograph, or who invents, designs, etches, engraves, or causes to be engraved, etched, or made from his own design, any print or engraving, and the legal representatives of such persons shall have the sole right and liberty of printing, reprinting, publishing, reproducing, and vending such literary, scientific, or artistical works or compositions, in whole or in part, and of allowing translations to be made of such literary works from one language into other languages, for the term of 28 years from the time of recording the title thereof in the manner hereinafter directed; but no immoral or licentious, treasonable or seditious, book, or any other such literary, scientific, or artistical work, or composition, shall be the subject of such registration or copyright." Renewal of term. If at the expiration of the terms of 28 years the author or any of them (if originally more than one) is still living and residing in Canada or Great Britain, or, if dead, has left a widow, child, or children living, the term is to be continued for 14 years more to such author, widow, child, or children; but the title of the work secured must be, within a year after the expiration of the first term, recorded, and the same regulations must be observed as in the case of original copyrights: (sect. 4.) In all cases of renewal of copyright under the Act, the author or proprietor must, within two months from the date of the renewal, cause a copy of the record of it to be published once in the Canada Gazette: (sect. 5.) Nothing contained in the Act is to prejudice the right of any person to represent any scene or object, notwithstanding that there may be copyright in some other representation of such scene or object: (sect. 14.) Whenever the work has been executed by the author for another person, or has been sold to another person for due consideration, the author is not to be entitled to obtain or retain Publication of record of renewal. No copyright in uny scene or object. Copyright of work made to order, &c. the proprietorship of the copyright, which is by the said transaction virtually transferred to the purchaser, who may avail himself of the privilege, unless such privilege is specially reserved by the author or artist in a deed duly executed: (sect. 15.) Requisites to The requisites to copyright are: (1) Recording title; (2) copyright. Deposit of copies; (3) Insertion of notice of copyright in the work; and (4) In the case of works of British subjects residing in Great Britain or Ireland, publication in Canada, and insertion in the work, immediately after the ordinary notice of copyright, of the name and place of abode or business in Canada of the printer and publisher of it. Register of The Minister of Agriculture is to cause to be kept in his office copyrights. a book called the Register of copyrights," in which proprietors of literary, scientific, and artistic works may have them registered: (Sect. 1.) He may also, from time to time, subject to the approval of the Governor in Council, make rules, regulations, and forms for the purposes of the Act; such regulations and forms being circulated in print for the use of the public, are to be deemed correct for the purposes of the Act; and all documents executed according to the same and accepted by him, are to be held valid so far as relates to all official proceedings under the Act: (sect. 2) Deposit of No person is to be entitled to the benefit of the Act, unless copies. he has deposited in the office of the Minister of Agriculture two copies of the book, map, chart, musical composition, photograph, print, cut, or engraving, and in case of paintings, drawings, statuary, and sculptures, unless he has furnished a written description of such works of art, and the Minister of Agriculture is forthwith to cause the same to be recorded in the book kept for the purpose, and in manner prescribed, for which record a payment of one dollar is to be made, and the like sum for every copy given to the person claiming the right, or his representatives, the sums so paid to be paid over to the Receiver-General, to form part of the Consolidated Revenue of Canada: (sect. 6.) The Minister of Agriculture is to cause one of the two copies to be deposited in the Library of the Parliament of Canada: (sect. 7.) Nor is any person to be entitled to the benefit of the Act right to appear unless he gives information of the copyright being secured, by in work. causing to be inserted in the several copies of every edition published during the term secured, on the title-page, or the page immediately following, if it be a book, or if a map, chart, musical composition, print, cut, engraving, or photograph, by causing it to be impressed on the face thereof, or if a volume of maps, charts, music, or engravings, upon the title or frontispiece, the following words: "Entered according to Act of the Parliament of Canada, in the year , by A. B., in the office of the Minister of Agriculture:" Notice of copy (sect. 8.) In the case of paintings, drawings, statuary, and sculpture, the signature of the artist is to be deemed a sufficient notice of proprietorship: (Ib.) Temporary registration to secure copyright. A literary work intended to be published in pamphlet or book form, but which is first published in separate articles in a newspaper or periodical, may be the subject of registration within the Act, whilst so preliminarily published, provided the title of the MS. and a short analysis of the work are deposited in the office of the Minister of Agriculture, the registration fee be duly paid, and every separate article so published, be preceded by the words "Registered in accordance with the Copyright Act of 1868;" but the work, when published in book or pamphlet form, is to be subject, besides, to the other requirements of the Act: (sect. 13.) It is piracy for any other person, after the recording of the title Penalty for infringement of of any book according to the Act, within the term or terms copyright in therein limited, to print, publish, or import, or cause to be books; printed, published, or imported, any copy or translation of such book, without the consent of the person legally entitled to the copyright first had and obtained by deed duly executed, or knowing the same to be so printed or imported, to publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing. The offender is to forfeit every copy of the book to the person legally entitled to the copyright, and two dollars for every copy found in his possession, either printed or printing, published, imported, or exposed to sale, contrary to the intent of the Act; one moiety of the penalty to be to the use of Her Majesty, the other to the legal owner of the copyright, to be recovered in any court of competent jurisdiction: (sect. 13.) In painting, drawing, or sculpture; Whoever, within the term limited, and after the recording of any painting, drawing, statuary, or sculpture, reproduces in any manner, or causes to be reproduced, made, or sold, in whole or part, copies of those works of art without the consent of the proprietor or proprietors, is to forfeit the plate or plates on which such reproduction has been made, and also every sheet thereof so copied, printed, or photographed, to the proprietor of the copyright, and also two dollars for every sheet of the same reproduction so published or exposed to sale, contrary to the intent of the Act, the penalty to be divisible and recoverable as in the case of piracy of books: (sect. 11.) If any person, within the time limited, and after the record- In prints, maps, ing of any print, cut or engraving, map, chart, musical com- charts, musical position, or photograph, according to the provisions of the compositions, or photographs. Act, engraves, etches, or works, sells or copies, or causes to be engraved, etched, or copied, made or sold, either in the whole, or by varying, adding to, or diminishing the main design, with intent to evade the law, or prints or imports for sale, or causes to be printed or imported for sale, any such map, chart, &c., or any parts thereof, without the consent of the proprietor of the copyright, first obtained as aforesaid, or knowing the same to be so printed or imported without such consent, publishes, sells or exposes to sale, or in any manner disposes of any such map, chart, &c., without such consent, he is to forfeit the plate or plates on which such map, chart, &c., has been copied, and also every sheet thereof, so copied or printed, to the proprietor of the copyright, and also two dollars for every sheet of such map, musical composition, &c., found in his possession, printed or published or exposed to sale, contrary to the true intent and meaning of the Act; the penalty to be divisible and recoverable as in the preceding cases: (sect. 12.) If any person prints or publishes any MS. whatever in Damages for Canada, or, the same having been printed or published elso- infringement of where, offers it or causes it to be offered for sale in Canada, with- copyright. out the consent of the author or legal proprietor first obtained, such author or proprietor being resident in Canada, or being a British subject resident in Great Britain or Ireland, such person is to be liable to the author or proprietor for all damages occasioned by such injury, to be recovered in any court of competent jurisdiction: (sect. 16.) If any person prints, publishes, or reproduces any book, map, Penalty for chart, musical composition, print, cut, or engraving, or other falsely pretendwork of art, or photograph, and, not having legally acquired ing to have copythe copyright thereof, inserts therein, or impresses thereon, right. that it has been entered according to the Act, or words to that effect, he is to incur a penalty not exceeding 60 dollars, to be divisible and recoverable as in preceding cases: (sect. 17.) Limitation of All proceedings for the recovery of penalties under the Act must be commenced within two years from the cause of action actions. arising: (sect. 18.) The Act repeals former Copyright Acts, saving in respect of Repeal of former unexpired terms thereunder: (sects. 19, 20.) Acts. PAGE 165, before line 19, add: But a receipt for money on account, given by the writer of a play to the person for whom he writes it on commission, does not amount to an assignment: (Levy v. Rutley, L. T. June 3, 1871, p. 85; Weekly Notes, June 3, 1871, p. 122; Notes of Cases, June 9, 1871, p. 127). 66 PAGE 265, second marginal note, for "stamped " read “ stamp.” PAGE 323, line 15, for "Charles" read "James." PAGE 379, note (d), for "Clements" read "Clement." PAGE 428, line 7, for "Dixon " read "Dickson." PAGE 465, line 6, for "came" read "come." PAGE 488, marginal note, and lines 18, 25, and 42, for "Creevy" read "Creevey." PAGE 506, before line 40, add: In the case of Reg. v. Stanger (L. Rep. 6 Q. B. 352; 40 L. J. 96, Q. B.) affidavits stating that a copy of the newspaper in which the libel appeared had been purchased from a salesman in the office of the newspaper, and that by a footnote to the newspaper the defendant was stated to be the printer and publisher of it, and that deponent believed him to be so, were held not to disclose legal evidence of publication entitling to a rule for a criminal information. In the same case the court doubted whether recourse could be had to the affidavits of the defendant used in showing cause against the rule nisi, in order to supply the defects in those for the prosecution. PAGE 508, note (a), for "Rex" read “Reg.” PAGE 515, note (b), for "Reg." read “Rex.” THE LAW RELATING TO Works of Literature and Art. PART I.-LAW OF COPYRIGHT. CHAPTER I. LITERARY PROPERTY. THE foundation of Literary property is the same as that of all other property. "La propriété," says Bentham, (a) "n'est qu'une base d'attente; l'attente de retirer certains avantages de la chose qu'on dit posséder en conséquence des rapports où l'on est déjà placé vis-à-vis d'elle;" and this expectation of advantages to be derived is altogether the work of law. In the right of property are two elements involved, first, the power of using indefinitely the subject of the right, or of applying it to uses or purposes which are not positively and exactly circumscribed; and, secondly, a power of excluding others from using the same subject. (b) These are the advantages which the possessor of literary as well as other property enjoys, and which the law of the land secures to him. The sole right of originally giving to the world the results of his mental labours, and the power to hinder the infringement by others of his property therein, are guaranteed to every British subject by law, so far as law can accomplish that object; for the mental experiences of all of us have so much in common, the thoughts of most men resemble each other to so large an extent, that to determine and guard specific property in ideas merely-ideas which have not embodied themselves in a material form-is a task which no law makers (a) "Traités de Legislation," par Dumont, p. 95. (b) Austin Jur. iii. 19. B |