§1 (1).
vention, which provides that authors of non-union countries shall be protected throughout the union if they first publish in a union country[1].
If the Crown ever exercises the power conferred upon it by sect. 23, it will be violating the treaty obligation contained in Article 6 of the Berlin Convention and in Article 3 of the Berne Convention.
Existing law.—Statutory protection in the case of books depends upon first publication within the British dominions or within a foreign country in respect of which an Order in Council has been made[2]. First publication includes simultaneous publication[3], but there is no latitude of fourteen days. Publication must be on the same day in order to be deemed simultaneous with publication elsewhere[4].
In the case of serial works each part must be first published in order to secure copyright in that part[5].
In the case of published books first publication is the only condition precedent to protection[6].
Under the Fine Arts Act, 1862, statutory protection in respect of paintings, drawings and photographs does not depend on publication[7]. Copyright vests on making, and is conditional upon the author being a British subject or resident within the dominions of the Crown. The copyright will cease if the work is first published outside the British dominions, unless protection is then given by international provisions[8]. Under the Berne Convention and Act of Paris foreign artists are entitled to copyright under the Fine Arts Act, 1862, (1) in an unpublished work if made by a subject or citizen of a foreign country which is a party to the- ↑ Berlin. Art. VI.
- ↑ Routledge v. Low (1868), L. R. 3 H. L. 100; Jefferys v. Boosey (1854), 4 H. L. C, 815: Boosey v. Purday (1849), 4 Ex. 145; Lover v. Davidson (1856), 1 C. B. (N. S.) 182: Chappell v. Purday (1845), 14 M. & W. 303; Cocks v. Purday (1848), 5 C. B. 860; Int. Cop. Act, 1886, s. 8 (1); Int. Cop. Act, 1844. s. 19.
- ↑ Cocks v. Purday (1848), 5 C. B. 860; Buxton v James (1851), 5 De G. & S. 80.
- ↑ Boosey v. Parday (1849), 4 Ex. 145, 158.
- ↑ Reid v. Maxwell (1886), 2 T. L. R. 790.
- ↑ The law was so stated in the opinion given by the law officers in this country when, in 1891, the United States asked for an assurance that American subjects received satisfactory protection in England. Doubts had previously existed (1) as to whether printing within the dominions was necessary (Jeffreys v. Boosey) (1854), 4 H. L. C. 815, 983 : Clementi v. Walker (1824), 2 B. & C. 861, 867); (2) as to whether British nationality or residence on the part of the author was necessary (Jeffreys v. Boosey) (1854), 4 H. L. C. 815; Routledge v. Low (1868), L. R. 3 H. L. 100; Low v. Ward (1868), L. R. 6 Eq. 415).
- ↑ Fine Arts Act, 1862, s. 1; Bowden Bros. v. Amalgamated Pictorials, [1911] 1 Ch. 386.
- ↑ Int. Cop. Act, 1844, s. 19.
