giving effect to the Bern convention, namely, the International
Copyright Act of 1886, and an order in council made under that
act, dated 28th November 1887. These confer on the author or
publisher of a work of literature or art first published in one of the
countries which are parties to the convention, after compliance
with the formalities necessary there, the same rights as if the work
had been first published in the United Kingdom, provided that
those rights are not greater than those enjoyed in the foreign
country.
The rights of British authors in foreign countries rest in each country on the domestic legislation by which the particular country has given effect to its promise contained in the Bern convention, and are enforced by the courts of that country. The Bern convention was revised in minor details not affecting its broad principles by a conference meeting in 1896 in Paris, and Great Britain adopted the results of their labours by an order in council dated 7th March 1898. A further simplification in the international law of copyright was expected to result from the efforts of the international conference at Berlin in 1908, July 1910 being the latest date at which ratification by the states concerned might take place, but it cannot here be stated to what extent legislation may give effect to the decisions arrived at. So far as these decisions affect Great Britain, the greatest alterations of existing law would be in establishing throughout the Union protection of musical copyright, especially with regard to singing and talking machines, and also in the matter of newspaper copyright. The conference adopted a threefold division of newspaper matter: (1) serial stories, tales and all other work, literary, scientific and artistic, which is to have absolute protection; (2) all newspaper matter, except the foregoing and mere items of general news (faits divers), of which reproduction is to be permitted on acknowledgment of the source, unless such reproduction is expressly forbidden; (3) news of the day and simple facts, to which no protection is given. An endeavour was also made to have a uniform period throughout the Union for copyright of the author’s life and 50 years.
15. Colonial Copyright.—Under English copyright, books of the United Kingdom were formerly protected in the colonies by the Colonial Copyright Act of 1847, and copies of them printed or reprinted elsewhere could not be imported into the colonies. In 1876 a royal commission was appointed to consider the whole question of home, colonial and international copyright; and various recommendations were made. But the matter now rests on the English International Copyright Act 1886, which contains provisions designed to extend the benefit of the British copyright acts to works first produced in the colonies, while allowing each colony to legislate separately for works first produced within its own limits. The colonies at present are all included in the system of international copyright established by the Bern convention.
In 1875 an act was passed (re-enacted in 1886 in the revised Canadian statutes) to give effect to an act of the parliament of the Dominion of Canada respecting copyright. An order in council in 1868 had suspended the prohibition against the importation of foreign reprints of English books into Canada, and the parliament had passed a bill on the subject of copyright as to which doubts had arisen whether it was not repugnant to the Order in Council. It was also enacted that, after the bill came into operation, if an English copyright book became entitled to Canadian copyright, no Canadian reprints thereof should be imported into the United Kingdom, unless by the owner of the copyright. The following points in the Canadian act are worth noting:—Any person printing or publishing an unprinted manuscript without the consent of the author or legal proprietor shall be liable in damages (§ 3). Any person domiciled in Canada, or in any part of the British possessions, or being a citizen of any country having an international copyright treaty with the United Kingdom, who is the author of any book, map, &c., &c., shall have the sole right and liberty of printing, reprinting, publishing, &c., for the term of twenty-eight years. The work must be printed and published, or reprinted or republished in Canada, whether before or after its publication elsewhere: and the Canadian privilege is not to be continued after the copyright has ceased elsewhere. And “no immoral or licentious, or irreligious, or treasonable, or seditious literary, scientific or artistic work” shall be the subject of copyright (§ 4). A further period of fourteen years will be continued to the author or his widow and children. An “interim copyright” pending publication may be obtained by depositing in the office of the minister of agriculture (who keeps the register of copyrights) a copy of the title of the work; and works printed first in a series of articles in a periodical, but intended to be published as books, may have the benefit of this interim copyright. If a copyright work becomes out of print, the owner may be notified of the act through the minister of agriculture, who, if he does not apply a remedy, may license a new edition, subject to a royalty to the owner. Anonymous books may be entered in the name of the first publisher. In 1889 an amending Canadian act was passed, which led to a long controversy with the Mother Country,—the imperial government refusing to sanction it,—till in 1900 a compromise was effected, and a further act amending that of 1886 became law. It applies only to books copyright in Canada, and, subject to certain reservations, allows the minister of agriculture to prohibit the importation, without consent of the licensees, of any copies printed elsewhere of books published in the British dominions licensed by the owners to be reproduced in Canada.
The Australian states all have copyright laws modelled on the English. New Zealand provides for a term of 28 years, or the author’s life. In Cape Colony the term for books is the author’s life and 5 years, or a minimum of 30 years. The Indian act of 1847 is modelled on the English.
16. Other Countries.—The following notes give the general terms of the copyright law in other countries of importance. For details reference must be made to text-books. We only deal specifically with the history and particulars Foreign law. of American copyright.
Austria, by a law of 1895, gives copyright for thirty years after author’s death.
Belgium.—Copyright formerly perpetual, now limited to the life of the author, and 50 years thereafter.
France.—Copyright in France is recognized in the most ample manner. Two distinct rights are secured by law—1st, the right of reproduction of literary works, musical compositions, and works of art; and 2nd, the right of representation of dramatic works and musical compositions. The period is for the life of the author and fifty years after his death. After the author’s death the surviving consort has the usufructuary enjoyment of the rights which the author has not disposed of in his lifetime or by will, subject to reduction for the benefit of the author’s protected heirs if any. The author may dispose of his rights in the most absolute manner in the forms and within the limits of the Code Napoléon. Piracy is a crime punishable by fine of not less than 100 nor more than 2000 francs; in the case of a seller from 25 to 500 francs. The pirated edition will be confiscated. Piracy also forms the ground for a civil action of damages to the amount of the injury sustained—the produce of the confiscation, if any, to go towards payment of the indemnity (Penal Code, Art. 425–429).
Germany.—Period fixed in 1837 at ten years; but copyright for longer periods was granted for voluminous and costly works, and for the works of German poets. Among others the works of Schiller, Goethe, Wieland, &c., were protected for a period of twenty years from the date of the decree in each case. In 1845 the period was extended in all cases to the author’s life and thirty years after. The present law rests on a Codifying Act of 1901, the term being the author’s life and 30 years, or not less than 10 years in any case.
Greece.—Copyright is for fifteen years from publication.
Holland.—Fifty years, or author’s life, whichever is longer.
Hungary.—by a law of 1884, gives a copyright for the author’s life and 50 years after.
Italy.—Life of author, or 40 years from date of publication; and afterwards a further period of 40 years, subject to a right in others to reproduce on payment of 5% on each copy.
Japan.—Author’s life and 30 years after.
