IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I ,M ijiiM |50 ■""= ' 1^ IIM 2.2 2.0 1.8 1-25 1.4 1.6 6" ► m> (? w % m V o / /A Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 Wk CIHM/ICMH Microfiche CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions 'nstitut Canadian de microreproductions historiques 1980 m Technical and Bibliographic Notes/Notes techniques et bibliographiques The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. D n V Coloured covers/ Couverture de couleur I I Covers damaged/ Couverture endommagde Covers restored and/or laminated/ Couverture restaurde et/ou peiliculde Cover title missing/ Le titre de couverture manque Coloured maps/ Cartes g^ographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur D Bound with other material/ Reli6 avec d autres docume. *:s Tight binding may cause shadows or distortion along interior margin/ La reliure serree peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutdes lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 film^es. 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D D n n n Coloured pages/ Pages de couleur Pages damaged/ Pages endommag^es Pages restored and/or laminated/ Pages restaur^es et/ou pellicul^es Pages discoloured, stained or foxed/ Pages ddcolordes, tachetdes ou piqu^es Pages detached/ Pages d^tach^es Showthrough/ Transparence Quality of print varies/ Quality in^gale de I'impression Includes supplementary material/ Comprend du materiel supplementaire Only edition available/ Seule Edition disponible Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t§ film^es d nouveau de fagon d obtenir la meilleure image possible. 7 10X This item is filmed at the reduction ratio checked below/ Ce document est film^ au taux de reduction indiqud ci-dessous. 18X 22X 14X 26X 30X J 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity of: Library of the Public Archives of Canada The images appearing here are the bes; quality possible considering the condition and legibility of the original copy and in keeping with the filming contract apecifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ♦► (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applier. Maps, plates, charts, etc., may bb filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the uppjr left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: L'exemplaire film6 fut reproduit grdce d la gdn6rosit6 de: La bibliothdque des Archives publiques du Canada Les images suivantes ont dt6 reproduites avec le plus grand soin, compte tenu de la condition et de la nettetd de l'exemplaire film6, et en conformity avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprim6e sont film6s en commengant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, se>on le cas. Tous les autres exemplaires originaux sont filmds en commen^ant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE ", le symbole V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent §tre filmds d des taux de reduction diffdrents. Lorsque le document est trop grand pour Stre reproduit en un seul clichd, il est film6 d partir de Tangle sup^rieur gauche, de ^ auche d droite, et de haut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 32X I r BRITISH COPYRIGHT LORD HERSCHELL'S NEW BILL ITS EFFECT UPON CANADIAN INTERESTS-A PROTEST SHOULD BE ENTERED AGAINST CERTAIN r . OF ITS CLAUSES A new copyright Bill, recently introduced by Lord Herschell into the British House of Lords, intituled, " i\n Act to consolidate and amend the law relating to Copyright," deserves some attention from Canadians. At the annual dinner of the Society of Authors, held at London, May 2nd, 1898, Sir Martin Conway was good enough to say that Canadian statesmen had frankly recognized the rights of British authors, and that a Canadian Bill would likely be passed which would be eminently satisfactory to English authors and to the Canadian people. It is, of course, pleasing to hear such an eminent authority as Sir Martin Conway speak in this flattering manner of Canadians and the proposed Canadian Bill. It may, therefore, he said at once, that if Canada is to be allowed to pass and enforce its own copy- right legislation, the rights of British authors being frankly recog- nized therein, this new Bill requires little attention. But if Canadian copyright legislation is to continue to be restricted by Imperial legis- (.107) lation, a coi.lparisop of some conditions of the present law with those in the proposed Bill may be interesting. Under the present Imperial law, first publication of a work in the United Kingdom secures copyright for the v/ork throughout Her Majesty's dominions. At the present time, in order to secure both Imperial and United States copyright, the publishers of the United States have to publish first in the United States and first in the United Kiimdom. It is presumed that simultaneous publication in each country is equivalent to first publication in each country. This frequently necessitates a delay of several days in order to ship a supply of the work from New York to London. Lord Herschell's new Bill makes tliis point more definite. He proposes in effect that first or simultaneous publication in any part of Her Majesty's dominions shall secure copyright for the work throug"h- out Her Majesty's dominions. This nev-^ clause of Lord Herschell's Bill will no doubt be grate- fully accepted by the publishers of the United States. The am- biguity in the old law is to be swept aside, and /irs/ or simiiUaneous publication in any part of Her Majesty s dominior^s is to secure Imperial copyright. This wil! not affect Canada, provided Canada is allowed to enact and enforce its own copyright legislation. Other- wise this new clause will be altogether to the advantage of the United States prblisher. Under the liberal provision of this clause, the United States publisher will no longer be under the necessity of losing several days in sending copies of a work to London. He will not lose a single day. He will simply have to ship his supply to some Canadian point, just across the United States border^ publish simultaneously in both countries, and he will have secured copyright throughout the whole English-speaking world. Another point is worthy of consideration. At the present time the British law is not quite clear as to who may secure r Cc copyright ill the United Kingdom. It is certain that a British subject, and probable that an alien, are entitled to copyright. The United Kingdom has an International Copyright Convention with France and other countries. The United Kingdom is also a member of the Berne Copyright Convention. ' The United States has steadily refused to enter into an International Copyright Convention with the United Kingdom. Nor will the United States enter the Berne Convention. Despite the selfish spirit thus exhibited, Lord Herschell proposes to sweep aside all doubt on an important point, by granting copyright throigbout Her Majesty's dominions to an author, -'vhether he is or ir not a British subject^ without any condition as to manufacture. The Authors' Society of the United States should certainly con- vene a special meeting, and decide to have a dinner, as a fit ancf proper mode of celebrating this crowning act of generosity on the part of "John Bull." At the same time, the members might exer-, cise their wit at the expense of "Uncle Sam," who is, at present, somcv.hat more selfish in regard to this question. It may be, of course, that Lord Herschell thinks the United States can still be coaxed into eliminating its manufacturing clause. This may happen ; but, unfortunately, public opinion in the United States seems to assert that the manufacturing clause is there to stay ; although a great many think that the 25% duty on books is quite enough protection without the manufacturing clause. For some time back. United States publishers have been accept-r ing Lord Herscheil's proposed law as an accomplished fact. Here is the copyright notice on a new book, published by Funk & Wagnalls Company, New York and London : Copyright, i8g8, by FUNK & WAGNALLS COMPANY [Registered at Stationers' Hail, London, England] Printed in tlie United States of Amcnai This W(.>ultl seem to indicate that the publishers printed the book in the United States, as they arc forced to do to secure copyright ; that they entered the hook at London to secure Imperial copyright; and that they will supply the British and Canadian markets from New York. Many similar instances could be quoted to show the great advantage that the authors and publishers oi the United States have over their confreres in the British possessions. There is another way in which the United States publisher en- joys an advantage. The well-known "Colonial " libraries are issued by the British publishers for export to British colonies. But the United States publisher can dictate to the British publisher and ab- solutely forbid him selling the "Colonial" edition of certain books to Canada, a British colony. This is not a supposititious case. It is a fact. It has been done. As the original English editions of these books are fully as high, if not far higher, in price than the United States editions, the practical effect of this dictation is that Canadians have to buy their supply from the United States publisher. Surely this is most unfair to British and Canadian manufacturing interests, as well as an insult to Canadian national sentiment. The present arrangement is a tremendously one-sided one, with the advantage altogether too much on the side of our neighbors. Here is the first section of Lord Herschell's Bill : I. The author of an original literary or artistic work first pub- lished in any part of Her Majesty's dominions, or first published simultaneously therein and elsewhere, shall have copyright in his work throughout Her Majesty's dominions, whether he is or is not a British subject. What will be the effect on Canada should this section become law ? - ■ ,- • The Parliament of Canada has frequently asserted its right to enact its own copyright law. But just as frequently the Parliament of Canada has been advised that assent will be refused to any copy- right Act passed by it that conflicts with Imperial IcjLfislation. The Suspciuled Acts o( 1872, 18H9 and 1895 speak for themselves on this point. The Imperial Government has been repeatedly memorialized as to the strong" feeling in Canada at the anomalous position in which Canadians are placed owing to the operation of the present Imperial Copyright Act. Canadians cannot secure copyright in the United States unless they manufacture their books in the United States. Canadians bitterly resent the fact that United State;, authors are able, by first publication in London, to secure copyright in Canada, without manufacture either in the United Kingdom or in Canada. Lord Herschell's Bill, with its more definite proposition as to how copyright may be secured and who may secure copyright, will still further intensify the position. An earnest and vigorous protest must be entered from Canada. Canadians will never consent to t' e proposition giving copyright in Canada to publishers in the United States, without manufacture in Canada, as long as Cana- dians are denied copyright in the United States on similar terms, If our fellow British subjects in the Old Land would only attempt to realize Canada's geographical position, side by side with the United States, they would be better able to appreciate why Cana- dians feel so strongly on this point. Part II. of Lord Herschell's Bill, dealing with Colonial copy- right, is deserving cf careful attention. Her Majesty in Council is given power to modify this new Act in its application to colonial legislation, providing suitable provision is made for the protection of works first published in other parts of the British dominions. So far as Canada is concerned, this clause may allow of Her Majesty in Council assenting to such an agreement as the Hall Caine compromise, or any Bill drawn up by the Canadian Govern- ment. It is to be hoped this may be the case. The clauses relating'- lo iinportalion are inipoitanl. The im- portation o( foreign reprints of Hrilish copyri/^ht hooks is to be pro- hibited, except in the case of any colony which will a^L»-ree to collect, for the copyri^'-ht owner, a reasonable percentaj^-e on imported foreign reprints, and to stamp the words " Foreij^»'n reprint " on every copy imported ivhctlio' published before or aj'ler the commencement of this Act. This raises the old complaint a^fainst the collection of the royalty duty. This duty has not been collected in Canada since 1S95. Canadians arg-ued that they mit,>'ht far better pay a license duty on each copy printed in Canada than to have a royalty duty collected on imported copies. This would help Canadian printers and other workmen, instead of helping the printers in the United States. But the British publishers scoffed at this most reasonable proposition from Canada. Further, the royalty duty was supposed to be collected for British authors ; but it was found that the Canadian Government was asked to collect the royalty duty on books by United States authors — which was a very cool proceeding, to say the least. It was little wonder that the Canadian Government refused to continue the collection of the royalty duty on imports. be Part III. of Lord Herschells Bill deals with International Copy- right. Even this part, from a Canadian point of view, is anything but satisfactory. Thus, the present law, 49 and 50 Vict., c. ^^, s. 4, authorises Her Majesty in Council to make an order with respect to a foreign country, when that foreign country has made provision for the protection of authors of works first produced in the United Kingdom. Lord rierschell seems determined to eliminate all idea of producing books in the United Kingdom. " Produced in the United Kingdom" means clearly enough that the work should be manufactured, if not also written, in the United Kingdom. Lord Herschell is evidently not enamored of this idea. He seems to prefer the more ambiguous expression " published," which mayor may not mean manufBcturino-. In Lord Herschells new Bill, sec. 38, sub-. 1 2': '/.'. "■' "■',""' " l'"Wi-^l'-l" i^ subsii.u.od for .1,0 won! -pro- lie UmiccI States ,s utchuled in a„ Order i„ Council hy I |er Majesty, those a„|„amted with the facts of the case can readily e what a ,vo„derA,l difference there would be in favor of the U ,i ej States pubhsher by the substitution of the word "published" fo I e more delin.te word "produced." loi inc If Canadian copyrijrht leyislation is to be restricted by Fn.perinl ogtslatton „ ,s evident that a forntal protest front Canada lo be entered agatnst certain of the sections of this new nill. RICHARD T. I.ANClLFIia.n. I'l'iiLic Library, Hajiilton, Canada, May, iSgS.