yf^ J^ ^ 6"^^ Cbe £opyri9bt Question >•-%» THE COPYRIGHT QUESTION. 1 do not propose in this paper to enter upon a discussion of the Constitutional right of the Parlia- ment of Canada under the B. -N. A. Act to deal with the question of copyright. The late Sir John Thompson, in his report to the Governor-General-in-Council, dated the Srd August, 1889, and in his letter to Lord Knutsford, dated at London, England, 14th July, 1890, has presented the Constitutional view of the question with a frankness and perspicacity, which leave nothing to be desired. Following several decisions of the Judicial Committee of the Privy Conncil, he insisted upon the right of the Can- adian Parliament, having due regard to the Imperial interests involved, to legislate as freely with regard to copyright as with regard to any other subject relegated to it under the previsions of the British North America Act. Unhappily, notwithstanding the vigor of his argument, his views did not prevail with the Colonial Office. INTERNATIONAL COPYRIGHT. Briefl}' stated, the present condition of British and of International Copyriglit, is as follows . — 1. Any British author wh.^ p^iLi^^hes his work in the T'^nite<l Kingdom secures copyright in all Briti.^h ■«jN-,->ssions, and no Colonial law can prevent the importation of such work into any Colony of the Empire. 2 By th'" Berne v-onvention of iS86, an e.-iyement wrs arrived at between Great Britain, "" incc. Germany, Spain^ Italy. Switzerland, Hayti and Tunis, by which a reciprocity f^f Copyright ■ 1 ef'. "'ilished *niong ibeaa ''conMrk-n. It follows that a copyright granted in any of them ha; the sar^e n"^ fit «j;f 5*1 *> ia aiiv of ilie rtiitish pctesessioife, sut a copyright oocaiueu in the United liingdor' 3. The UiiiiiBd States was not a party to this Convention, but in 1891 Congress pas.sed a new copyright law wliereby the British author obtained copjTight in the United States by printing and publishing in that country sitnultaneousiy with the publication of his work iu Great Britain ; and the American author obtained copyright in Great Britain by registering hi.s work at Stationers' Hall, London, simultane«usly with printing and publication in the United States. It may be stated that this arrangement met with the approval of the Briti.sh authors, for the reasons (a) that the publication in the United States of works by British authors is greatly in excess of the publication in Great Britain of works by A;.ierican authors; and (b) thiit the United States ofter an itrraen.se market. It was argued on behalf of the United States that British authors had more to gain in securing the United States market than American authors had to gain in securing the British Market. This may be true, but the etl'ect of the American copyright law by which all Iwoks, to obtain copyright in the United States must be printed as well as published in the United States, has been that British publishers have established houses in New York and are doing a large busine.ss. As regards ^'anadian Copyright, the following is the present situation : COPYRIGHT IN CANADA. 1. A Canadian author or publisher by first printing, publishing and registering in Canada obtains copyright throughout the British Empire. A British author obtains copyright in Canada by simply publishing in London. A citizen d: the United St.-xtes domiciled in the United States who wishes to Six'ure Canadian copyright, must present a certificate that his work has been registered at Stationers' HiiU, London. ..ud must in aildition print and publish his work in Canada. 2. An author or publisher or anyone who has the right to dispose of a work may sell the right to produce it to a Canadian publisher, who may print and publish in Canada thus obtaining Canadian copyright under the present Act, still the British author or publisher who has already dispased of the Canadian rights may nevertheless send into Canada other editions of the same work. Even if he refrains from sending in his work directly, and even if he prints on the cover " this work must not be sold in Canada," there is nothing in the law to prevent anyone in England from purchasing and sending on his own account the English edition of the work into Canada. The effect is to destroy the Canadian market as a separate market and to retard the development of publishing in this country. This reacts also upon the British author who is practically deprived of a possible additional market for hia works. It must be evident that the Canadian market can be most quickly and adequately developed by the Canadian publishers. In the publishing business, close contact between publishers and book buyers is essential. In no other way can the demand be properly responded to. The effect of rendering the Canadian market a separate one would be greatly to increase an already large demand for books; and indirectly to promote, through the development of Canadian publishing, the growth of native literature In the present unsatisfactory condition of the law, the publishing business in Canada is of a highly speculative character. In order that thi.'? element of opeculation may be diminished, and that sound development may take place, it is necessary that when once a piece of literary property is bought that it should be regarded as belonging to the purchaser. For over fifty years, the Parliaments of the Provinces, and the Parliament of Canada, have been endeavoiing to obtain Copyright Legislation which would satisfy all parties and conserve all reason- able interests involved. Various devices have been suggested for accomplishing this object. The Dominion Parliament has passed several Acts dealing with the question. Some of these have been disallowed bj- the Imperial authorities, and under none of them has a satisfactory solution of the question been arrived at. Lord Herschell, during the last Session of the Imperii.! Parliament, introduced a bill for the amendment and consolidation of the Imperial Copyright lav%' This Bill will, it is understood, be brought before the Souse of Lords in the coming Ses.sion of Parliament. It is evident that now is the time for effecti --i action upon the copyright qui. .i.on. This action might appropriatelj^ be taken by such a .«.^iety a;* the Canadian Society of Authors in two directions. First, in attempting to secure .such a iro.rincatiou of Lord Herschell's Bill as iu;ght^ in the event of its jfcoining law, enable a satisfactorv' Copyright Act to be passed by the Canadian Parliament, and. second, in promoting .such legislation in Canada as might rosn'r in a Conyricht Act •'or Canada whicli, while seciiriiig to a reasonable extent the interests of the Canadian pu hf Ted trades, v/o '-~HD?t i;;ilitat&*sjR::«t the interests of tiie EriUsL a\itUo^ 51 puVii^^^ — isty to - ' edW this can be done. The following amendments to Lord Herschell's proposed liiil iin^nt help to solve the difficulty ant if they met with your ajiprovai might Ih" suggested for his consideration. Add to clause one the following subsections : (a) " If within a period of thirty days there is registered at the proper office of any colonjf in which a colonial Copyright Act is in force, a reprint of anj^ book tirst published in -(ireat Britain or simul- taneously published in Great Britain and in the said colony with a ^•ertificate that tUe authors approve of such reprint, then each and every copy of the book originally copyrighted in Great Britain shall be excluded fi'om the markets of said colony." (b) " Where no proceedings as afortsaid have been taken, and no such reprint registered as herein provided for, then such original copyright shall prevail subject to the provisions of this Act." With such amendments as are proposed a Canadian publisher would have an opportunity of making terms with the British author or publisher for the Canadian market, and from aasurances already received .such a privilege would be as greatly to the advantage of the British author and pub- lisher as to the Canadian publisher and public. It is apparent if such arrangements were made that the effect would be greatly to .stimulate the printing and publishing trade of Canada. From the enterprise of Canadian publishers, and on account of the skilled labor now available in Canada it is beyond question that books can be produced in this count'-y etjual in typography, in bind- ing, and in artistic effect to the productions of the Unitefl States or Great Britain. I would therefore suggest the appointment of a Committee to prepare a memorandum for the consideration of the Minister of Ji'stice. <»n which a despatch to the Colonial office might lie based, setting forth the views of the Canadian Society of Autlu)rs, and asking sucli amendments to the English Copyright Bill submitted by Lord Herschell, either in the terms herein proposed or in such other terms as would meet with the approval of the Imperial Parliament, and at the same time carrj' out the views of this Society. If in this matter we are not. in the words of Kipling, " Mistress in our own house," we ought certainly to claim the privileges of a "daughter" at the hands of the great mother of colonies