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    Se t. r, 1886 The Publishers' Circular 9...

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  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

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    In We The Printed Publishers The Memoria...

    'Finally , it would be denying to a colonial iu thor Imperial copyrightand would perpetuate

    tthat we hold to be not onl , y a present injustice to those authors , "but an injustice calculated to stunt of colonial literature

    and cripp le the growth . < $ othing , however , could be further from our fishes than to go beyond the will and mind of the

    colonies y , iouw — themselves tJ v in this matter . We suggest Clause 8 because we have been led to believe that

    mostif not all , the colonies would desire it ; but We suggest , it subject to the qualification in

    subsections . 3 and 4 , which "I * 1 reserves the . 1 V validity t 1 !¦ > of - /? existing ^ iw— q colon - ial leg LJislation , and continues

    whatever power of copyright legislation within their y own ii w — limits they v now possess ± . And we have pre X .-,

    pared a clause to he inserted , if desired , in Committee upon the Bill , by which any colony wishing to stand out of the Act altogether and to forego the

    benefit offered to its own authors of Imperial copyri *¦ * ght Q can do so . Such a colony % t will , in that case ,

    remain tinder the provisions of the existing law . This proposed clause will be found at the end of the memorandum .

    ' It is therefore hoped that the various colonies and India will cordially accept the provisions of the present _ Billwhich have been drafted with the

    utmost desire to meet what we believe to be their requirements and wishes , and to secure their cooperation . But in case India or any colony should

    wish to stand aloof and be excepted either from joining the International Copyright Union or from the provisions for giving colonial authors copyright

    in the United Kingdom and in the colonies , its wishes will be duly complied with . ' The questions which I would suggest might be

    put to each colony are the following : — ' 1 . Does it desire to enter the International Copyri x . % / ght u Union — — — or — no — t ?

    ' Does it approve of the provisions of Clause 8 , li subsections shed in a colony 1 and copyri 2 , for g ht throug ng to hout books the first Emp pub ire - ?

    ' 3 . Does it desire the g retention of subsection 4 of Clause 8 , providing for legislation by a colony on copyright within its own limits ?

    ' 4 . Does it desire the addition of the clause at the end of the memorandum , or does it prefer the Mill as it now stands ?

    tion ' Heartil and assistance y acknowled which ging , the as valuable Chairman co- of opera the

    for and Committee committee the Mr Colonies . Osborne on on this this , Morgan matter matter , . 1 I and have hava the received rfto . A . ftivftd gents- from fmm Grenera you von l

    I am , & c . ' J . Bryce . ' Enclosure .

    ' ^ M emorandum by Mr . Jenkyns as to colonies . authors ' The of Imperial books Copyri first produc ght Acts ed at in present the United give to

    do ^ ingdom not give copyri that g copyri ht thr ou ht g ho authors ut the of Em books pire , first but

    produced 1 The in Imperial xiu a colony ioi Acts XXLbD . relating JL CACfctl KX to VAJ international 111 tCl 11 cl h lUXi cll g

    copyright give to authors of books first produced 111 r'gli J a t country treatU tho with which rihts the throug Queen hout makes the a * copy ire

    js kingdom th « authors . y J """ of oamo same books UgJllB g liret produced Lili . UUL' I 1 UUU in the ) Emp XL United » HijJHO

    ! J * ' book The result is first of produced the above in Acts a colony , therefore the author , is that of

    ^ . * is his m u book worse but were also position ' — ^^ first — - ^ «^ (^^ ^ , not produced h ^ - ^ ^^ Vta onl *^ ^ i ^ ^^ y ^^ ^^« b than ^ in ^ n he the ^ ^ -A ^ would * United ^—i * A ^ B A ^» X be ~/^ fll

    ngaom , than he would be if his book y treat first y has produced been the made in a . fore the In ign fact country he has with nft ' which ennv-,

    J ^^ tside limits of colony .

    ' This grievance , which has been long recognise ^ , cannot --- be removed by colonial leg o islation , as the

    Xiegislatxire of a colony , though able to give copyri col ght ony in , ca th n no col t in ny terf for ere book with s th firs t copyri produced ght granted in that

    under the Imperial Acts to books first produced in the United Kingdom or in a foreign country with which a treaty exists .

    ' In respect of copyright , India is in the same position as any of the colonies , and throughout this memorandum it must be recollected that , although

    colonies only are referred to , the remarks are intended to apply also to India as a most important part of the British Empire .

    * In September , 1885 , the Queen was represented at an International Conference at Berne , assembled with ——— the — — view of - amending the - pr j- esent arrang jements ^

    respecting international copyright , and a draft Convention was then agreed to , which , it is proposed to siin September next .

    —o gn — . * - * The principle adopted in that Convention was , that the countries which joined the Convention shoul — d form a Copyright Unionand that the author

    -- - <* . JL V ^ J , of a book first produced in one country of the union should have throughout each of the other countries of the union , without any , / reg - cjistration or other

    formality there , the same right of copyright as if the book had been there produced . ' But the term of copyright so obtained in

    another country was not to exceed the term allowed by the law of the country in which the book was first produced .

    • The other matters regulated by the Convention may for the present purpose be disregarded . * The Convention reserves power to the Queen to

    accede to it on behalf of all or any of the colonies , ' A Bill has been introduced for the purpose of making such alterations in the Imperial Acts as will

    enable the Queen to accede to the Convention , and it is proposed to take this opportunity of removing the present injustice to the colonies which is above

    X V mentioned . 1 Two questions arise : — t ~

    ' ' Fir . birst st , , as as respects respects . ± Briti > ntisn sh imperial Imperial copyngnr copvrigb ,, i . e ., the rights of authors , of books first produced in part of the British Empire

    any . * Secondly , international copyright , z . c , the rights in the Queen s dominions of authors of books first

    produced elsewhere , and the rights in foreign countries of authors of books first produced in the Queen ' s dominions .

    * As regards the first question , namely , British Imperial copyright , it seems obviously unnecessary to dwell on the advantages of making the Empire

    one for the purposes of copyright . Indeed , any other system seems to lead to what may be termed inter-colonial piracyand would tend to create as

    , between the colonies the same difficulties which the Berne Conference has sought to remove as between all civilised States .

    * The Bill , as introduced , deals ( Clauses 8 and 9 ) with copyright as an Imperial question , by providing that colonial authors shall have the same rights as

    English authors under the Imperial Copyright Acts , with the exception that books first produced in a colony need onlbe registered according to the

    colonial •^ law , and y / need not Tj be delivered to English libraries . 'The effect of this provision -IT will be not only to

    give colonial authors full rights throughout the whole British Empire , but also to make the Law of Copyright uniform throughout tho Empire , as the

    Bern © Conference desired to do for all civilised States . ' At the same time , the Bill ( by the last

    eubsection or ClauBe 8 ) preserves to each colony its

    Se T. R, 1886 The Publishers' Circular 9...

    Se t . r , 1886 The Publishers' Circular 955 __—¦ — i

• Citation
  • Publishers’ Circular (1880-1890), Sept. 1, 1886, page 955, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/pc/issues/tec_01091886/page/5/