Page:The copyright act, 1911, annotated.djvu/127

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Delivery of Books to Libraries.
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mercial statistics (p), statistics connected with sport (q), § 15. time tables (r) and mathematical tables and calculations — — may each form the subject-matter of a book. Anything in fact may constitute a book, which either by pictures or symbols conveys information to the mind of the reader. On the other hand, things which are merely mechanical devices and which contain no other letterpress than is necessary to instruct the purchaser in the use of the device are not to be classed as books (s).

By the International Copyright Act, 1886 (t), delivery Meauing of of books to the libraries was not required in the case of "published." books acquiring copyright by first publication either in a foreign country or in a British possession. No delivery was required unless a book was published in the United Kingdom. It was never decided, however, whether if a book, first published abroad or in a colony, was after- wards issued in the United Kingdom copies of it could be demanded as a book published in the United Kingdom. The better opinion appears to be that there was no right to demand copies of such books ; but in practice the autho- rities of the British Museum, supported by various opinions of the law offioers, did enforce delivery of all books issued here if they had on them the imprint of an English publisher. The authorities held that if a book was published here in the sense that copies were distri- buted by an English publisher, then copies could be de- manded, even although that publication was not the first publication of the book. Under this section, it seems reasonably clear that the view taken by the authorities has now become statutory, and that if a book is published in the United Kingdom within the meaning of the defi- nition in sect. 1 (3) of the Act, it is immaterial that it was first published elsewhere, unless it was so first published in a foreign country, in respect of which

ip) Scott V. Stanford (1867), L. R. 3 Eq. 718 ; Maclean v. Moodi/ (1858), 20 D. 1154; Trade Aiuiliari/ v. Middlesborough (1889), 40 Ch. D. 425 ; Cate V. Beion (1889), 40 Ch. D. 500.

{q) Cox Y. Land and Water (1869). L. R. 9 Eq. 324 ; Chilton v. Progress Printing Co., [1895] 2 Ch. 29 ; Weatherby v. International Morse Agenci/, [1910] 2 Ch. 297.

()■) Leslie V. Toung. [1894] A. C. 335.

(«) Hollifirake v. Truswell, [1894] 3 Ch. 420; Page v. Wisden (1869), 20 L. T. (N. S.) 435 ; Cable v. Marks (1882), 47 L. T. (N. S.) 432; Bavis V. Comitti (1885), 52 L. T. (N. S.) 539.

(0 49 & 50 Vict. c. 33, ss. 4 (1), 8 (1) (a).

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