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I ( *1 Notes on Copyright DOMESTIC and INTERNATIONAL, Copyright in GeneraL THE PARAGRAPHS ARE NUHBERED FOR CONVENIENCE OF REFERENCE. 1. Copyright is a right given by law for a cer- tain number of years, upon certain conditions, to the originator or proprietor of a literary, artistic, or musical composition or production. 2. Copyright corresponds to the patent of an invention. 3. Many writers, artists and composers have suffered serious financial loss through a failure to properly secure copyright on their productions. 4. Some authors prefer to retain the copyright of their works, making arrangements with a pub- lisher to print and publish for them. 5. Many publishers prefer to become the owners ^f the copyright, by paying the author a stated sum outright. 6. The author's financial standing will, in most cases, determine which of these plans he will con- sider. Notes on Canadian Copyright* 7. Copyrig^ht in Canada is oranted for 28 years^ with a renewal for 14 years. 8. The conditions for securing" such copyright are that the work shall he printed and published, or reprinted and republished, in Canada, either before, simultaneously with, or subsequently to its publication elsewhere. 9. Copyrights are registered at the Department of Agriculture (Copyright Branch), Ottawa. 10. A list of Canadian copyrights is published weekly in the Canada Gazette, which is supplied by the Queen's Printer, Ottawa, at $4 a year. 11. A Temporary copyrig-ht may be had for articles first published in a newspaper or periodi- cal. Registration fee, 50 cents. 12. An Interim copyright may be obtained for any work, but this becomes void unless the work is printed in Canada within one month after first publication elsewhere. If not so printed, the ap- plicant is liable to a penalty of $100. Registration fee, 50 cents. Notice of Interim copyright must be advertised once in the Canada Gazette. 13. After the work has been printed and pub- lished in Canada, three copies should be delivered to the Copyright Department, with a formal ap- Copyright. plication far reg^istration. This application is to be made in the form prescribed by the Depart- ment. 14. These three copies should be deposited im- mediately on publication. It is probable that there can be no prohibition of importation, nor can any action for infringement of copyright be taken (u) until the copies have been deposited. 15. Authors should be careful to protect their rights by refusing to assent to, or encourage in any way, the printing or publishing of their works or any part thereof, by an agent without a written agreement or assignment between the parties, (d) 16. The following notice of copyright must be printed or stamped c.i the title page, or on the page immediately following, of every volume : '' Entered according to Act of the Parliament of Canada, in the year 18—, by {names in full) at the Department of Agriculture." (r) The same notice must be impressed on the face of every map, photograph, etc. The artist's signature is suflkient on paintings, drawings, statuary, and sculpture. 17. A certified copy of registration of copyright mav be had for ^o cents. 18. A work published anonymously may be en- («) See Grifiin v. K. & P. Co., 17 O. R., 660. (/') See Allen v. Lyon, 5 O. R., 615. (r) See Garland v. Gemill, 14 S. C. R., 321. Held that a general compliance with this form oi words would answer. Notes on t^red for copyright by the first publisher thereof for himself, or on behalf of the un-named author. 19. Any person publishing any original manu- script without the consent of the author or pro- prietor is liable for damages. NoTK. — It is hardly necessary to state that published copyrighted pieces must tiot be printed without perniission. Thus, a copyrighted poem was printed entire in a collec- tion of poems, by a Canadian pubHsher, without asking permission. The British copyright ovvner resented this liberty, and the offending publisher had to pay some $200 in settlement. He thought this a species of blackmail, but preferred to settle quietly rather than fight the case in court. Another publisher who published a story — first changing the title, thinking to thus escape detection— had to pay some $300 in settlement. Copyright* As to Importation^ 20. For purposes of importation three classes of copyrights must be considered, which, for want of better terms, may be cited as — • (i) An exclusive Canadian copyright. (2) A partial Canadian copyright. (3) A limited Canadian copyright. 21. An exclusive Canadian copyright is under- stood to mean a work first printed and published in Canada, before publication elsewhere. 22. It has been held that copies of such work cannot be imported int-- Canada. The monopoly is secured from all outside importation, {d) Note.— in view of Lord Salisbury's declaration that con- temporaneous publication is accepted as first publication >hould not be allowed to elapse by the expiry of the two years' limitation specified in the 57th section of "The British North American Act, 1867," and further to assure His Excellency that important interests in this Dominion are prejudiced by the absence of legislation such as this Bill contemplates.' " Now, Lord Carnarvon replied to that Address, and in his reply he gave the reasons why he could not advise Her Majesty to assent to that Bill. He substantially stated them to be that he had been advised that the Imperial Act of 1842 overrides the Canadian Act, and will not allow this Parliament to legislate in the direction of a Copyright Act which may in any way affect the British author : and he said that upon this question he was supported not only by the opinion of the then law officers of the Crown, but by the Notes on opinions of those eminent lawyers, Lord Selborne and Mr. Herschell, Q. C. So it is perfectly clear how we stand in that matter. There is a provision that the American pub- lisher can reprint and send into Canada, when the British author registers his copyright here, paying the authors' tax ; but when he does not register, the American can re- print the work, and it will come in here without paying the i2J^ per cent, authors' tax. The effect of that seems to be this : The English author makes arrangements with the American publisher and sells him advance sheets, .'ind then he agrees not to register or copyright in Canada. The result is, that the American publisher, who has the ad« vanced sheets, has a great start over all other publishers in the United States, and gets besides the whole Canadian market, and no Canadian publisher can publish the book» That is not a fancy picture, but it is a case of everyday oc» currence. The operation and effect of that has been very well described in the judgment of that learned and lament- ed judge, the late Chief Justice Moss, in a case, the case of Smiles and Belford, which came before the Ontario Court of Appeal. The Belfords were a firm of Canadian publish- ers, who had undertaken to publish a work called ' Thrift," of which Mr. vSmiles was the author and owner of the Eng« lish copyright, and they supposed that the British North American Act gave them ample authority to do so. How- ever, thQ Court of Chancery granted an injunction, decid- ing that the Imperial Act of i8.;2 enables the British author to prevent the Canadian reprint of his work. The Court of Appeal unanimously affirmed that decision, and Chief Jus- tice Moss said : ** ' I confess that it is not without reluctance t4iat I have arrived at the same conclusion. I fear that the state of the law which we find inflicts hardship on the Canadian pub- lisher, while it confers no very valuable benefit on the British author. Its effects, if I rightly understand the mat- Copyright. tcr, is to eii.iblo tlio l^ritish author to give ati Americai* publisher Canadian copyright. It is no very violent assump- tion that every American publisher who treats with a Brit- ish author for advance sheets of his work, will stipulate for the use of the author's name to restrain a Canadian reprint. By this arrangement he will be enabled to secure the prac- tical monopoly of the Canadian market, for which he may be induced to p«'iy the author some consideration ; but, however small this consideration may be, I apprehend it will be found sufficient to induce the author to concede the privilege rather than receive Canadian copyright by treat- ing with the Canadian publisher. But I need scarcely re- mark that the possible or probable effect upon a branch of industry, however valuable or important, cannot affect the interpretation which the court is bound to place upon the statutes by which the subject is governed.' " The Act of 1875. 87. In 1875, the Canadian Parliament passed another Copyright Act, on lines acceptable to the Imperial authorities. That Act was allowed to become law, and is the law in operation to-day. It is given in full in the Appendix. A Wrong Righted. 88. Prior to 1886 a work first published in the United Kingdom enjoyed copyright throughout the British possessions, although a work first pub- lished in a British possession did not enjoy copy- right in the United Kingdom. This, of course, was most unfair ; and yet it took years of agita- Notes on tion and remonstrance before relief was afforded by the Imperial Act of 1886. See the Note to H 104 The Act of 1889. 89. In 1888 the Copyri|;i^ht Association of Canada was formed, with Mr. J. Ross Robertson, of Toronto, as President : six Vice-Presidents (one from each Province), Mr. Geo. Maclean Rose, of Toronto, for Ontario ; Mr. S. K. Dawson, of Montreal, for Quebec ; Mr. J. MacMillan, of St. Joliii, for New Brunswick ; Mr. A. K. Mackinlay, of Halifax, for Nova Scotia ; Mr. Theo. L. Chap- pelle, of Charlottetown, for Prince Edward Island ; Mr. Alex. Taylor, of Winnipeg", for Manitoba ; and Mr. T. N. Hibben, of Victoria, for British Colum- bia : Mr. R. T. Lancefield, as Hon. Secretary- Treasurer : and the following Council : Messrs. James Murray, W. D. Gillean, A. W. Croil, J. T. Gilmour, Richard Brown, Dan. A. Rose, A. S. Irving:, W. Bryce, A. F. Rutter, G. M. Adam, D. T. McAinsh, and G. H. Suckling. This Associa- tion instituted an active propaganda with the ob- ject of securing- a just copyright !aw, that would more fairly protect Canadian interescs. Early in 1889 an influential deputation visited Ottawa and had an interview with the Govemtnent, presenting also a petition signed by over two thousand dealers and workmen in the book-, printing and Copyright* co^niate industries, urging the passage of a just Canadian Copyright Act. The hite Mr. John Lovell, of Montreal, a veteran in the struggle for Canada's right to self-government in the matter of copyright, was one of the deputation. President Robertson, with his well-known energv and abihty, laid the case before the (kwernment, 'pointing out defects in the Act of ,875, and the injury suffered by Canadian interests under conditions then exist- ing. Probably as a result of those reproenta- tions, a new Copyright Act was introduce-' Rnd carried through the Canadian Parliament m the .session ot^ 1889; but the Governor-General has not yet proclaimed that Act, and the question is still in abeyance. Another Point Settled* 90. In 1 89 1 and 1892 there was a spirited con- troversy between the United States and the Im- perial Governments over the action of Canada in refusing to register a copyright for a citizen of the United States resident in the United States. The following resume of that official correspondence in- dicates that the Canadian Government was quite correct in taking the position it did. 91. On May 27, 1891, the United States Minis- ter at London transmitted to Lord Salisbury copies of the new United States Act. 92. On June 16, Lord Salisbury answered that Notes on / ill *'the law of copyrig-ht in all i^ritish possessions permits to citizens of the United States of America the benefit of copyright on substantially the same basis as to British subjects." 93. Ow the strength of this official assurance, President Harrison, on July i, issued a proclama- tion, extending to British subjects the privilege of copyright in the United States on complying with the copyright laws of the United States. 94. In Aug"ust, 1891, Munn & Co., the well- known New York publishers, were notified by the Registrar of Copyrights at Ottawa, that the enact- ment and proclamation of the President, of July i, did not constitute nn International copyright treaty ; and that, therefore, citizens of the United States could not re.gister under the Canadian Act. 95. The President was duly notified of this po- sition tak':?!! by Canada, and on December 19, 1891, Mr. Blaine wrote Sir Julian Pauncefote, saying : " I am, however, informed that the Gov- ernment of the Dominion of Canada refuses to admit citizens of the United States to the privi- leg"e of registration of copyright in Canada, on their complying with the conditions of printing and publishing in Canada, under the assurance so given by Her Majesty's Government and under the proclamation of the President." 96. On the same day Mr. Blaine transmitted a copy of this note to the United States Minister at Copyright. London, adding: '*As the President's proclama- tion now stands, citizens of the Dominion of Can- ada now enjoy full privilege of copyright in the United States equally with all Bri'tish subjects whatever, and on a footing of perfect equality with citizens of the United States." 97- On January 9, 1892, Mr. Lincoln, the United States Minister at London, replies to Mr. Blaine, that the letter had been brought personally to the attention of Lord Salisbury, and further- more that he had written Lord Salisbury as fol- lows : '' It will be observed, as I indicated to your . Lordship yesterday, that the communication of it- self from the Canadian Registrar negatives the possibility of the official action being based upon any failure or refusal to comply with the provisions of the Canadian law, as to printing and publishing in Canada." 98. On January 22, 1892, Mr. Blaine assures Mr. Lincoln that his treatment of this matter is fully approved by the Department of State at Washington. 99- On May 18, 1892,' Librarian Spofford, the Copyright Registrar at Washington, wrote of- ficially to his Government: " LInder the Presi- dent's proclamation 6f July i, 1891, certifying that in Great Britain and the British possessions satis- factory official assurances have been given that the law permits to citizens of the United States il If Note s on / |iiiii II ii •■ \m copyrig-ht on substantially the same basis as to British subjects, this office has recorded and con- tinues to record claims of copyright in this country made by British subjects, and complying- with the American law, wherever such subjects may reside." loo. The controversy closed with the following^ decidedly interesting letter from Lord Rosebery : The Earl of Rosebery to Mr. White. Foreign Office, Nov. 12, 1892. loi. Sir : — Her ^^ajesty's Government have given the most careful consideration to Mr. Lincoln's note of Jan. 9 last, relative to the refusal to grant registration of copy- right in Canada to citizens of the United States. Before an answer could be returned to that communication it has been found necessary to institute a thorough and exhaus- tive inquiry into the exact bearing of the Liiperial and Canadian laws upon copyright, and to comnunvcate with the Canadian authorities upon the subject. I regret that some delay has thus occurred in replying to Mr. Lincoln's communication, but I have now the honor to state to you as follows : 102. A work simultaneously first produced in the United States and in Canada by a citizen of the United States i.> entitled to copyright in Canada by virtue of Section 8 ( i ) of the International Copyright Act of f886, of which I have the honor to enclose a copy. 103. My predecessor has already assured Mr. Lincoln in his note of 16th June, 1891, that residence in some part of Her Majesty's dominions is not a necessary condition to an alien obtaining copyright under the English copyright law. 104. If registration cannot be effected in Canada under Section 8(1) (a) of the International Copyright Act, 1886, Copyright* any person, whether a British subject or an alien, whose work has been first produced in Canada, can entitle himself to a remedy ag-ainst infringement by registering at Sta- tioners' Hall, London, under the English Copyright Act. Note.— Section 8 of the International Copyright Act (which is found in Imperial Statutes, 49 & 50 Vict., Chap., 33, 1886), reads as follows : 8.— (j) The Copyright Acts shall, subject to the pro- visions of this Act, apply to a literary or artistic work first produced in a British passession in like manner as they ap- ply to a work first published in the United Kingdom : Provided that — (a) the enactments respecting the registry of the copy- right in such work shall not apply if the law of such pos- session provides for the registration of such copyright. The Proclamation Will Stand* 105. An examination of that official correspond- ence would also seem to controvert the statement that has been frequently made, that the right of British authors to secure copyright in the United States would be imperilled if Canada were allowed to enact any such Copyright Act as that of the suspended Act of 1889, or of the compromise Act agreed upon between Mr. Hall Caine and the Canadian Copyright Association in 1895. 106. We find that the provisions of the Cana- dian Act as to printing and publishing in Canada have been more than once specially alluded to and accepted as a matter of fact in the official corre- spondence passed between the Department ot' il MM ' ' I, i wv M 'I hi Notes on State at Washington, the United States Embassy at London, and the Imperial authorities. 107. We find also Mr. Blaine stating officially that citizens of Canada are granted copyright in the United States en a footing o( perfect equality with citizens of the United States. 108. The Canadian Act might be altered so as to read that •' Any person domiciled in Canada or in the United Kingdom, or in any part of the Brit- ish possessions, or any citizen of any country which grants copyright to British authors," may secure copyright in Canada. 109. When this has been done, the President's proclamation ought to, and no doubt would, stand good, for the very simple reason that there would be no grounds for its abrogation. Canada would continue to give copyright to citizens of the United States on substantially the same terms as to British subjects. Lord Salisbury's declaration that "the copyright law in force in all Britisn possessions permits to citizens of the United States of America the benefit of copyright on substan- tially the same basis as to British subjects," would •be as true then as the day it was written. Copyright. The Importation Clauses^ I lo. The question of importation is undoubtedly one of the knotty points of the copyright question. The g-ranting of copyright is supposed to carry with it the exclusive control of the work ; but this control is undoubtedly subject to the local law of each country. 111. The Imperial Copyright Act, 5 & 6 Vict., Chap. 45, Sects. 15 and 17, makes it an offence for any person to print or import copies of a copyright book, without the consent in writing of the proprietor thereof. It is certain, then, that the proprietor of a British copyright may im- port copies of that book into the United Kingdom or the British possessions. 112. But it is probable that this privilege is re- stricted. The Imperial Customs Act, 39 & 40 Vict. (1876), Chap. 36, Sects. 42 and 152, pro- hibits the importation into the United Kingdom or any British possession, after registration with the Commissioners of Customs, of copies of a book enjoying copyright in the United Kingdom that have been printed or reprinted in any other country —without seemingly any exception in favor of the proprietor of the copyright. tMiipmsaimmmmmsmmiimmsmmBm II !{ I I liiiiH Notes on 113. We have seen by ^ 48 that it is probable that a citizen of the United States may supply the British market with the United States edition.. But after rej^istration with the Commissioners of Customs, that edition would be excluded, and the author would be required to print his book in the United King-dom. The printing- and cognate trades throughout the United Kingdom should not cease, in view of the persistent refusal of the United States to grant copyright to British authors on reciprocal terms, to agitate for a law which will compel the printing in the United Kingdom of all copyright books printed in the English language. Importation Into Canada. 114. The Canadian Copyright Act (1886), Sec- tion 30, requires the consent of the copyright owner, before any person may print or import any copies of any copyright book. 115. Section 33 imposes a penalty for making a false claim of copyright on copies of any work, whether printed in Canada or imported. 116. Section 5 specifies printing and publishing or reprinting and republishing in Canada as con- ditions precedent to securing Canadian copyright. 117. Section 6 allows the importation into Canada from the United Kingdom of any British copyright work (not first printed and published in Copyright* Canada) if such copies have been lawfully printed in the United Kingdom. 1 18. To carry out the intent of Section 6, Statutes of Canada, 57 & 58 Vict. (1894), Chap. 33, Duties of Customs, prohibits the importation of " Reprints of Canadian copyright works, and reprints of British copyright works which have also been copyrighted in Canada." There is no saving clause allowing the owner of the copyright to import. 1 19. When this clause was first enacted some twenty years ago, few British publishers thought of having their printmg done in a foreign country, then bringing copies to England, and claiming British copyright thereon. In those good old days British publishers took some interest in their workmen, and had their work done at home. But lately too many British publishers are having their printing and lithographing done abroad, to the detriment of the British workmen. Owing to these changed conditions of trade, and to protect Cana- dian workmen, it is suggested that this clause should be altered so as to conform more clearly to the intent of Section 6 of the Canadian Act. This Customs clause should be altered to read as fol- lows : " Reprints of Canadian copyrig-ht works ; and works of which the copyright is subsisting in the United King-dom, which have also been copyrighted in Canada, but which Notes on Hi have been printed or reprinted out of the United King- dom." The Act Tested^ 1 20. It was left for a private citizen to test the law in the case of a copyright owner, who it was alleged had evaded the conditions ot the Canadian. Act. 121. In the case of Lancefield v. Anglo-Canadian Music Publishers' Association, the plaintiff claimed that the continuance of the privilege of copyright depended on continuous printing and publishing and reprinting and republishing in Canada ; and that the defendants had evaded the intent if not the wording of the law by allowing copyrights to run out of print, and then importing copies and stamping Canadian copyright on these imported pieces, instead of reprinting them in Canada. 122. The action was dismissed with costs; but the judgment of Mr. Chancellor Boyd is so inter- esting as to deserve wide publicity. The learned Chancellor said in effect : 123 The defendants hold Canadian copyright in respect of the two musical pieces in dispute ; they have had copies, printed in Leipsic and in London — have imported these and published them in Canada, with the notification thereon of Cariadian copyright. 124. The action does not attack the right to import, and there is nothing before me to show that the importation is. illegal — if such a point be material. ii»iiH!iii!i;' IWMiiip— — i Copyright* 125. Merely " printing " is not of itself '* publication." 126 To obtain in the first instance copyright, both print- ing and publishing are essential conditions precedent. 127. It is not expressly declared that the continuance of the privilege of the copyright depends upon printing as. well as the publication of the composition in Canada. That may be inferred from certain provisions of the Act ; and it may be that such importations as these are not protected by the Act ; but these are not now matters for adjudication. 128. The protection and fostering of native industry would favor such a construction, but that is not the only thing to be considered, especially in dealing with the penal clauses of this statute. 129. And the main difficulty arises in dealing with this penalty clause. 130. It is directed against one who has not lawfully ac- quired the copyright of the work — but the defendant is not in that position ; he has Canadian copyright in the com- positions. 131. Then it provides a penalty in case one not so quali- fied impresses on imported copies words purporting to as- sert the existence of Canadian copyright— rather implying that if so qualified by the possession of copyright he may impress upon imported copies the fact of such copyright being in existence. 132. To give effect to the contention of the plaintiff one would need to have some such enactment as this : " Every person who has lawfully acquired the copyright, etc., who imports into Canada printed copies of the work and im- presses thereon words purporting to express the existence of Canadian Copyright in relation thereto, shall incur a penalty of, etc." Note. — See this case more tully reported in 26 O. R., 457 ('^93)- Notes on 133. The case was not carried to a higher court, as the plaintiff had the satisfaction of knowing that his contention as to the intent of the law w as correct. His contention had the tacit approval of, and a very excellent suggestion from, the learned Chancellor, as well as a valuable hint or two on importation. Further, within a few weeks of the Chancellor's decision a Bill was introduced into the Dominion Parliament by the Minister of Justice, and passed by Parliament, amending the Copyright Act directly in line with the plaintiff's contention, by requiring continuous printing in Canada. This Bill received the Governor General's assent on July 22, 1895, and may be found in Canada Statutes, 58 59 Vict. (1895), Chap. 37. 134. It may be accepted as a fact that the spirit ot the country demands continuous printing and publishing in Canada, as conditions precedent to securing and maintaining Canadian copyright. Importation into the United States. 135. Section 4964 of the United States Copy- right Act requires the consent of the proprietor of the copyright first obtained in writing before any person may print or import copies of any copyright books. 136. Another section of the same act, however, seems to be antagonistic to that section. Section 4956 reads : " During the existence of such copy- Copyright. right the importation into the United States of any book, or lithograph, or photograph, so copy- righted, or any edition or editions thereof shall be, and it is hereby prohibited," except as to two- copies for private use, etc. 137. Mr. Holmes Conrad, Solicitor-General of the United States, explicitly stated in 1895 that the United States Copyright Act of 189 1 " secures to the owner of every book which shall have been copyrighted, in accordance with the requirements of this statute, protection against the sale in this country of foreign publications of his book, by prohibiting the importation of such foreign publi- tations." 138. The opinion of Mr. Holmes Conrad w^as officially approved by Mr. Richard Olney, Attorney- General of the United States. 139. That opinion is further supported by the opinions of numerous experts, who testified, pre- viously to the passage of the Act of 1891, as to the intent of any such law. 140. Thus, in Report No. 1188, 49th Congress, first session, presented to the Senate of the United States, M\v i, 1886, we find Mr. James Welch, representi.ig the Typographical Union, stating that '* Nothing short of total exclusion of all copyright books (which we understand is law in other countries) will secure the interests of the crafts which we represent." Mr. Welch supported Notes on 11'- III ; Hi) his statement by resolutions and despatches from practically every Typographical L'nion in the United States. 141. Senator Hawley also wrote • •SS(): '' I think there will be a clause added to .e Bill pvo- vidini^' that the composition, paper, press-work, binding, etc., in fact all the work of publication, shall be done in t'le United States." 142. Also Dana l£stes, a leading publisher in the United States, stated : *' As an American pub- lisher, I think it would be wise to stipulate that the books should be printed in this country." 143. In view of these emphatic expressions of opinion from legal experts, and fr( trade ex- perts, in the United States, it is as s^iprising as it is amusnig to find a Canadian Senator taking the opposite view. Yet a Canadian Senator, in the Senate of ("anada (vide Hansard, June 7, 1895), made, in effect, the astounding assertion that if the Canadian publisher is only bold enough and bids high enough, he can secure copyright for this continent and need print only two copies of a book in the United States. He can, so the Senator •stated, set the t\ pe up in the United States, print two copies oi the book there, export the plates to Canada, and then, if necessary, print a million books in Canada and ship them to the United States. 144. But the worthy Senator overlooks the fact Copyright. that any cisttMii house odicor at any port in the United States iiiij^ht, and Luidoubledly vyould, re- fuse to pass, and would seize any sliipment from Canada of copies of a \york copyrij^hted in the United Stales. 145. Such shipments have been seized when the parcel contained books ori^'-inally printed in the Ignited States, which had been exported and re- imported. In this case the books were released, as the publishers' imprint was accepted as suffi- cient evidence that the books had originally been printed in the United States. But when such books have been seized, one can easily imagine with what avidity the United States Customs offi- cials vyould seize books that had been printed in Can 'da with the express object of evading- the U. S. law. Nor would such books be delivered to the copyright owner after seizure — they would be confiscated. 146. Nor must the fact of 25 per cent, duty hav- ing to be paid on books going into the United States from Canada be overlooked. 147. Surely only a great philanthropist — and what publisher can afford to be a philanthropist ? — would first set his type up in the United States, make plates, print two copies therefrom — then send those plates over to Canada, print a million, or even a thousand, copies in Canada, and pay 25 per cent, duty on those books going back to the Notes on United States ; when he could save the 25 per rent, (not to mention other expenses), by printings the whole edition in the United States. 148. From evidence obtainable, it would seem that the overwhelming trend of public opinion in the United States is to the effect that there must be manufacture in the United States of every copy of every book sold there, which enjoys copyright 'here. It is certain that any copyright owner who deliberately attempted to evade that opinion » would arouse an agitation that would greatly im- peril the privilege of foreign authors to enjoy copy- right in the United States. Canada's Right Sustained* 149. Some otherwise sensible people have also more than hinted that Canada has no right to be allowed by che Imperial Government to enforce copyright legislation such as that of the suspended act of 1889, or any similar act. But many Cana- dians learned in the law have given their opinion that Canada has exclusive jurisdiction in the mat- ter of copyright. And these opinions are sup- portf^d by well-known members of the English bar — gentlemen specially versed in copyright in- tricacies. See H 83. 150. Mr. Thomas Edward Scrutton, M. A., LL» B., of the Middle Temple, Barrister-at-Law, and iirjii ii'i'iK: Copyrights author of " The Law of Copyright," says on page 198 of the third (1896) edition of his valuable book: ''A vigorous discussion has been going on since 1889 as to proposals by the Canadian Government to give Canadian copyright only to works actually printed in Canada. The question is one of policy rather than law." 151. The policy of Canada, as of most other countries in this nineteenth century, is a policy of watching and protecting its own interests. 152. The interests of Canada, so far as copy- right is concerned, have been cruellv sacrificed for the last fifty years. Let us hope that the dawn of a new and a more prosperous era is about to ap- pear. Notes on The Berne Convention. 153. A great deal has been heard about the Berne Copyright Convention. But the failure of the United States to join the Convention is a very serious matter. The Publisher's Circular, of Lon- don, in an editorial on Jan. 18, 1895, said : *' Probably half the audience of the English writer is in the States to-day." While Sir Walter Besant, in addressing Lord Ripon, in November^ 1895, said : " In a very short time .... the popular English writer would lind his best audience in the States." 154. It is such statements as these, coming as they do from le.iders m the literary world, that prepares owo. to agree with Mr. Boyd Winchester^ the LI. S. Consul at Berne, who wrote under date of Sept. 9, 1887, to Hon. T. F. Bayard, United States Secretary oi State : " The failure of the United States to join the Convention continues to be regarded as depriving the Convention of its chief value." 155. A short resuniL' (^f the facts concerning Canada and the United States in connection with the Berne Convention may be interesting. Copyright, Canada and the Convention* 156. For many years the Government of Canada had been a party to an endeavor to effect a Tripar- tite Copyris^-ht Conxention between Great Britain, the United States and Canada. 157. So far back as 1882, and aj^ain in 1883, the Canadian and the Imperial authorities had definitely ai^^reed to such a ConveiTtibn, but the United States hesitated. 158. In 1886 the Privy Council ol' Canada con- sidered a Bill which had been introduced into the United States Senate by Mr. Hawley ; also de- spatches from the Imperi.-^l authorities relaliniJ^ to the International and Colonial Copyrii^-ht Bill and the International (Berne) Copyrii^^ht Union ; also a despatch from Sir Charles Tupper, asking- if Canada would join the Berne Convention. 159. Senator Hawley's Bill i^ranted copyright to foreig-ners without requiring manufacture in the United States. 160. Canada had already expressed its willing- ness to reciprocate in this matter, and it was onlv natural to suppose that if the United States ac- cepted Senator Hawley's Bill, it would go a step further and join the Convention. 161. Sir Charles Tupper was accordingly .id- vised by cable that the Canadian Government con- curred in joining- the Mother Coutitry to permit I'- Notes on Eni^lanJ and the Colonies to enter the CopyriiJfht Union. 162. This telegram was strictly in accord with the endeavors made in 1882 and 1883 to effect a Tripartite Copyright Convention, as before men- tioned, and the Privy Council was now still stronj^er in favor of the proposed general In- ternational and Colonial Copyright Convention, the effect of which would practically be to give copyrights taken in Canada protection througlwut the civilized world. 163. But this ver> Utopian and much to be de- sired scheme was not to be, for Senator Haw ley's Bill was not passed, and from that day to this the come parties to a United States have refused to be general International Copyright Conxention. 164. When it was found that the United States would not join the Berne Convention, the Cana- dian Parliament not only refused to pass a Bill adopting" the provisions of the Berne Convention, bu unanimously passed a resolution calling on the Imperial authorities to denounce Canada's ad- hesion to the Berne Convention— the Imperial authorities having- announced Canada's adhesion on the strength of the cable sent to Sir The refusal of the Canadia Charl es u pper. n j!""' Parliament to pass the Bill adopting the Berne Convention has raised the question whether Canada is leirallv a member of the Convention. Copyright. Different lawyers, whose opinions have been so- licited on this point, have expressed different views. Certainly the matter is in anything" but a satisfactory state at the present time, and may Head to liti<4"ation in the future. The United States and the Convention. 165. Prior to 1891 foreign authors were denied •copyright in the Unitea States. 166. The United States received many protests against this state of affairs from its own citizens and from citizens of nations which already granted copyright to citizens of the United States. 167. Mr. R. R. Bowker, in a volume on " Copy- right," published in New York in 1886, said : "In regard to International copyright, this country Jias yet to put itself on a par with other civilized nations, and blot out what has become a national d isirrace. 168. The United States Government has bee n repeatedly urged to join the Berne Convention. 169. It was urged to become one of the original ^signatory powers, but declined. 170. Mr. Boyd Winchester afterwards wrote -Mr Bayard : " Tiie non-participation of the United States as one of the original signatory powers of tl.e Convention was matter of free and avowed regret, there seemin^r to be but one sentiment, that no ii lis if*! Notes on copyright union could be complete without the United States, and great solicitude expressed that no stipulations should be made of a nature unac- ceptable to the United States." 171. This great solicitude on the part of the Conference was literally sweetness wasted on the desert air, as we shall see» 172. Mr. Winchester, however, felt so strongly on the question that he said further : '' I may4)e permitted to express the opinion that the Govern- ment of the United States cannot afford to stand before the world as the only important and deeply concerned power persistently refusing to do com- mon justice to foreign authors." 173. Under date of Nov. 29, 1886, M. Th. Roustan, the French Minister at Washington, wrote Mr. Bayard, strongly urging the United States to join the Convention, and reminding him, in that courteous manner for which Frenchmen are famous, that " Americans, who by their num- bers and talents have gained a high rank in the intellectual world, receive the fullest protection in foreign countries, especially in France." 174. Mr. Bayard replied to M. Roustan : ''I have the pleasure to assure you that the well known and favorable interest of the United States in the important project continues, and will doubt- less be reiterated on the reassembling of Con- gress." Copyright. 175. Mr. Bayard also wrote to Major Kloss, in response to an invitation to join the Convention : " The attitude of this Government towards the project is merely of expectancy and reserve. In principle, it favors the plan. To exhibit its benev- olence towards the principle involved, the Govern-- ment of the United States will take pleasure in instructing- its representative at Berne to attend as a delegate." Its representative did attend, but power to act was withheld from him. Mr. Bayard was evidently strongly favorable person- ally to the principle, but he could not convince a majority of his colleagues. 176. Now, the principle involved was Inter- national Copyright, to embrace the whole civilized world. 177. The Government of the United States has exhibited its benevolence towards that principle in a peculiar manner, as it has persistently re- fused to join the Convention. 178. It may probably be accepted as a fact that the Government of the United States will continue to exhibit its benevolence by continuing to refuse to join the Convention. It is morally certain that no Government at Washington will fly in the face of the avowed sentiment of the country, requiring that copyrighted books shall be manufactured in the country. 179. The attitude of the Ignited States Govern- 1 Notes on iiient to the Berne Convention seems indeed to go further than Mr. Bayard's wcrds ; for while in principle it favors the phin ; in practice, it opposes it. i8o. That this is not overstating the case is ap- parent from the fact that since 1890 the United States (iovernment has deliberately ignored the Convention (thus belittling its usefulness) b)t ar- ranging agreements or conventions direct with the leading powers. 181. In one way it must be admitted that the United States acts fairly in this matter. Copy- right is granted to citizens of foreign countries on the same conditions as to its own citizens —those conditions being the setting up of the type and the manufacture of the books in the United States. Each foreign state is required to give an assur- ance that copyright is granted to citizens of the United States on substantially the same terms as 'to its own citizens. But this is not reciprocity, pure and simple, and that is what the Berne Con- vention aims at. 182. It is probable that this is as far as the United States will go in this matter. This of course is regrettable, but it is nevertheless a pres- ent fact. Under such conditions, there can never 'be a true International copyright convention. The bargain is too one-sided, with the odds too much lin favor ol the United States. lip! Copyright. 183. The history of the legislation leadinjr upto> the United States Act of 1891 is quite interesting"^ On December 8, 1885, Senator Hawley introduced a Bill into the United States Senate, which grant- ed International copyright on reciprocal terms. That Bill was quietly, but none the less effectually, relegated to oblivion. On Jan. 21, 1886, Senator Chace Introduced a Bill which contained the germ of the manufacturing clause, as it granted copyright to a foreigner, provided that registration was made at Washington not more than fifteen, days after publication in the country of origin, and in the case of a book, printed musical composition,, or photograph, two copies of the best American edition of the same were to be deposited within three months after publication : after recording copyright, importation was prohibited. This Bill was also dropped. On May 21 following, Mr. Chace introduced his second Bill, but no definite action was taken on it. The question then lay dormant for two years. On May 11, 1888, Mr^ Chace re-introduced his Bill, incorporating therein; the much talked of type-setting clause. This Bill,, slightly amended, was at length approved March 3, 1891, and went into effect July i, following. 184. It has been said that the framers of the Berne Convention were gentlemen more liberal, perhaps, than sensible in their ideas, as by Article 3 they seem to provide a way by which authors. :i I!' 1*=' Notes on belonging to a country which is not a party to the Union may enjoy the benefits of the Union. It is certainly a question whether this was not poor policy. If, for instance, citizens of the United States can enjoy the benefits of the Union without belonj^ing to it, does not that remove a most powerful incentive for them to continue to make extraordinary exertions to induce their (lovern- ment to join the Union ? 185. And under this Article 3, Canadians who desire to do so will probably still be able to enjoy the benefits of the Union, after Canada has been eventually released from it. Note. — Article 3 of the Convention reads as follows : "The stipulations of the present Convention apply equally to the publishers of literary and artistic works published in one of the countries of the Union, but of which the authors belong to a i^ountry which is not a party to the Union." Copyright. Canada^s Latest Action. i86. About this lime certain facts, pregnant with meaninj;-, became apparent to Canadians. 187. It was evident that the United Stales did not intend to join the Convention. It was equally evident that this practically deprived the Conven- tion of its chief value. 18S. Allhoug-h not belonging- to the Convention, it was found that citizens of the United States were able to secure copyright in Canada contrary to the intent of the Canadian Copyrig-ht Act. 189. Canada might not have objected so strongly to this had there been reciprocity on the part of the United States. 190. This absence of reciprocal terms was cer- tainly most unfair to both Canadian authors and to Canadian printing and publishing- interests ; and it was determined to find a remedy. 191. In 1889 a Bill was introduced into the Canadian Parliament, the effect ot which would have been to require the printing of all books m Canada as a condition precedent to acquiring- Canadian copyright. 192. That Act was passed by Parliament, but it was agreed to defer its coming- into effect until proclaimed by the Governor-General. 'ith great ability. He had more than one personal interview on the matter with the Imperial authorities ; and was on the eve of another and it was hoped more decisive con- ference with the Colonial Office at the time of his trjigic death at Windsor Castle. NoTK. — The correspondence nientionef' above has been published in a Bhie Book for Her Majesty's Stationery Oflfice, at IS id., net. It may be ordered through any bookseller. When sending for it specify ** Document C. — ^ ^783 (1895), Correspondence Canada Copyright." 194. In the meantime the Copyright Association of Canada had taken the matter up. One result ot its efforts was that in 1895 a most important conference was held at Ottawa between the Gov- ernment, the Copyright Association, and Mr. Hall Caine, who represented the Incorporated Society of [English] Authors. Note.— A full report of that Conf^ret ti|| and may be had from the Queen's I aw; for five cents. When sending for it, speci. ' Doi ,neni S/> — 1896, Conference on Copyright." 195. The recent change of Government at Ot tawa prevented further action being taken at t' last session of Parliament. No doubt the mati Copyright. will receive early and careful attention from the new Government. 196. It is rumored that the Department of Jus- tice and the Colonial Office had practicallv agreeii upon a new Bill. 197. The simplest plan on which to draft a new copyright act for Canada would he to enact a law for books to be hereafter published, without anv reference to the Imperial Act, except perhaps to safeguard books already published. 198. If it is still thought desirable to continue to complicate the Canadian Act by keeping alive for the present the idea that Imperial copyright covers Canada, then it is submitted that Section b of the present Act should be amended as follows, the words in italics being new : 199. «. Kvery work of which the copyright has been granted and is subsisting in the United Kingdom, as shown by the Registers of Copyrights at Stationers Hall, London, and copyright of which is not secured or subsisting in Canada, under any Act of the Parliament of Canada, or of the legislature of the late Province of Canada, or of the legislature of any of the Provinces forming part of Canada, shall, when printed and published, or reprinted and re- published in Canada, be entitled to copyright under this Act ; but nothing in this Act shall be held to prohibit the importation from the United Kingdom of copies of any work lawfully printed there, ami fo> sale generally to the trade and the public (here. 200. It is considered in Canada a farce and a parody on the law that a citizen of the United i Notes on !l!l I liil !i 11 111 States should be enabled to secure a copyright in the United Kingdom that covers Canada, simply by publishing in ihi United Kingdom. It is cer- tain that this is a direct violation of the intent of the present Canadian Act. It is more important on this very account that Canadians should be en« abled to kno v whether this farce has been enacted, so tliat if necessary it may be definitely ascertained just what citizens of the United States claim Im- perial copyright on such terms. This cannot be done under present conditions. It could be done it the words '* as shown by the Registers of Copy- rights at Stationers' Hall, London," as italicized above, were added. 201. As to the proposed amendment at the end of the section — that is still more necessary as ix matter of justice to Canadian publishers. It has happened that after paying a fair price to the Brit- ish copyright owner for the privilege of publishing a book in Canada, the Canadian publisher has had his market threatened with a cheap edition of the work specially printed (but not circulated) in Eng- land. 202. It is a hardship for the Canadian publisher to have his market partly spoiled, as it is, by aU lowing the importation of copies of the regular edition of the book as supplied to the public in the United Kingdom. That is bad enough. But it is simply an outrage that his market should be Copyright. threatened with a special cheap edition, printed ii* the United King-dom, but which is not sold to the pubh-c there. It is well known that prominent English authors have themselves declared that this is neither fair nor honest, and it is mor ' than time that the law was amenued so as to prevent its being- done in the future. 203. As France, Germany, Italy, and some other countries already grant copyright to Cana> dians on reciprocal terms, it is neither necessary nor desirable to compel citizens of those countrie^s to print in Canada. 204. The object desired might be obtained if the new Bill (which it is hoped will be introduced at the coming session of the Canadian Parliament), requires the simultaneous printing in Canada of every book pnnted in the English Language that is hereafter published in a country not belonging to the Copyright Union simultaneously with its publication in the Copyright Union. " Copyright Union " is intended to include the countries be- longing to the Berne Copyright Convention. Fail- ing such printing, provide for a license to issue. 205. A much needed amendment to the Cana- dian Act is a clause requiring the name of the printer to appear on the back of the title page, or on the last page, of every book. It is more than suspected that books have been entered tor copyright at Ottawa, only the title pages of which ' '^#«cn*v^.«.v^lt^MDS^^V>' Notes on have been printed in Canada (on the back of which the copyrig-ht notice has been printed), the books themselves having been printed in the United States and brought into Canada. In the absence ot the printer's name, it was difficult to expose a sham of this nature. 206. In a note to H 19, illustrations were given cf how Canadian publishers have paid dearly for violations of the copyright law. It is now in order to furnish an illustration of the ignorance, in the United Kingdom, of th^ requirements of the Canadian Act. Last year an old established Lon- don publishing house printed in the United King- dom an edition of a book by a well known author, with the full notice printed word for word as re- quired by the Canadian statute, claiming Cana- dian copyright, printed in each copy. The whole edition was then consigned to a Canadian pub- lishing house. When the attention of the head of the London publishing house was called to the fact that this was illegal, and a direct violation of Section 33 of the Canadian Copyright Act, his answer was in effect that he had entrusted the matter to one of his assistants, and thought that it would have been attended to in a proper man- ner and according to legal requirements I Copyright. APPENDIX. The Canadian Copyright AcU CHAPTER 61 Revised Statutes of Canada, i336f And Amending: Acts. Note.— The onyrinaf Act is chaptered 88 of the Statutes o( 1875. 1 This Act may be cited as " The Copyright Act. *-i In this Act, unless the context otherwise reqitires, — (a) The expression " the Minister" means the Minister of Agriculture ; {/>) The expression "the Department" means the De- partment of Agriculture ; (/) The expression *' legal representatives" includes heirs, executors, administrators and assigns, or other legal representatives. ;$ The Minister of Agriculture shall cause to be kept, at the Department of Agriculture, books to be called the " l^egisters of copyrights," in which proprietors of literary, scientific and artistic works or compositions, may have the same registered in accordance with the provisions of this Act. ^ 4 Any person donticiled in Canada or in any part of the British possessions, or anv citizen of any country which has an International copyright treaty with the United King- dom, who IS the author of any book, map, chart or musical composition, or of any original painting, drawing, statue, sculpture or photograph, or who invents, designs, etches. Notes on i|i!l!i i!;il •engraves or causes to be engraved, etched or made from his own design, any print or engraving, and the legal repre- sentatives of such person or citizen, shall have the sole . nd exclusive right and liberty of printing, reprinting, publish- ing, reproducing and vending such literary, scientific or artistic works or compositions, in whole or in part, and of allowing tratislations to be printed or reprinted and sold, of such literary works from one language into other languages, for the term of twenty-eight years, from the time of record- ing the copyright thereof in the manner hereinafter directed. 5 The condition for obtaining such copyright shall be that the said literary, scientific or artistic works shall be printed and published or reprinted and republished in Canada, or in the case of works of art that they shall be produced or reproduced in Canada, whether they are so published or produced for the first time, or contemporane- ously with or subsequently to publication or production elsewhere ; but in no case shall the said sole and exclusive right and lii^erty in Canada continue to exist after it has •expired elsewhere : 2. No immoral, licentious, irreligious, or treasonable or seditious literary, scientific or artistic work, shall be the legitimate subject of such registration or copyright. O Every work of which the copyright has been granted and is subsisting in the United Kingdom, and copyright of which is not secured or subsisting in Canada, under any Act of the Parliament of Canada, or of the legislature of the late Province of Canada, or oi' the legislature of any of the Provinces formi'ig part of Canada, shall, when printed and published, or reprinted and republisiied in Canada, be entitled to copyright under this Act ; but nothing in this Act shall be held to prohibit the importation Irom the I'nitetl Kingdom of copies of any such work lawfully print ed there : 2. If any s ;jh copyright work is reprinted subsequently to its publication in the United Kingdom, any person who 'has, previously to the date of entry of such work upon the registers of copyright, imported any foreign reprints, may dispose of such reprints by sale or otherwise ; but the burden of proof of establishing the extent and regularity .of the transaction shall, in such case, be upon such person. 7 Any literary work, intended to be published in pam- Copyrights phlet or book form, but which is first pubHshed in separate articles in a newspaper or periodical, may be reg-istered under this Act while it is so preliminarily published, if the title of the manuscript and a short analysis of the work are deposited at the department, and if every separate article so published is preceded by the words " Registered in accord- ance with the Copyright Act," but the work, when pub- lished in book or pamphlet form, shall be subject, also, to the olher requirements of this Act. S It a book is published anonymously, it shall be suffi- cient to enter It in the name of the first publisher thereof, either on behalf of the un-named author or on behalf of such first publisher, as the case may be. fl No person shall be entitled to the benefit oi' this Act vmless he has deposited at the department t/i/re copies of such book, map, chart, musical composition, phtitograph, print, cut or engraving, and in the case of paintings, draw- ings, statuary and sculpture, unless he has furnished a writ- ten description of such works of art : and the Minister shall cause the copvright of the same to be recorded forthwith in a book to be kept for that purpose, in the manner adopted by him, or prescribed by the rules and forms made, from time to time, as herein provided. Note. — Amended by 58-59 V'ict., Chap. 37, 1895, requir- ing the deposit of three copies instead of two copies as for- merly ; the third copy being tor the British Museum. 10 The Minister shall cause one of such //ure copies of such book, map, chart, musical composition, photograph, print, cut or engraving, to be deposited in the Library of the Parliament of Canada, andovein the Ih-itish Mi/.u'iii/i. 1 1 It shall not be requisite to deliver any printed copy of the second or of any subsequent edition of an\- book unless the same contains very important alterations or additions, 1*^ No person shall be entitled to the benefit of this Act imless he gives information of the copyright being secured, by causing to be inserted in the several copies o\ ever\ edition published during the term secured, on the title-page, or on the page immediately following, if it is a bot)k- or it it is a map, chart, musical composition, print, cut, engraving or photograph, by causing to be impressed on the face thereof, or if it is a volume of maps, charts, music, engrav- ings or photographs, upon the title-page or frontispiece I' Jll: ; Its'' I Notes on thereof, the following' words, that is to sav : " Entered ac- cording to Act of the Parhanient of Canada, in the year , by A. B., at the Depart iiiont of Agfriculture ;" but as regards paintings, drawings, statuary and sculptures, the signature of the artist shall be deemed a sufficient notice of such pro- prietorship. !•$ The author of any literary, sciejitific or artistic \vork» or his legal representatives, may, pending the publication or republication thereof in Canada, obtain an interim copy- right therefor by de[tositing at the department a copy of the title or a designation o\ such work, intended for publi- cation or republication in Canada — which title or designa- tion shall be registered in an interim copyright register at the said department,— to secure to such author aforesaid or his legal representatives, the exclusive rights recognized by this Act, previous to publication or republication in Canada, — but such interim registration shall not endure for more than one month from the date of the original publication elsewhere, within which period the work shall be printed or reprinted and published in Canada : 2. In every case of interim registration under this Act the author or his legal representatives shall cause notice of such registration to be inserted once in the Canada Ga:Mte^ 14 The application for the registration of an interim copyright, of a temporary copyright and of a copj^right, may be made in the name ot the author or of his legal representatives, by any person purporting to be the agent of such author or legal representatives; and any damage caused by a fraudulent or an erroneous assinnption of such authority shall be recoverable in any court of competent jurisdiction. 15 The right of an author of a literary, scientific or artistic work, to obtain a copyright, and the copyright when obtained, shall be assignable in law, either as to the whole interest or anj' part thereof, by an instrument in writing, made in duplicate, and which shall be registered at the department on production of both duplicates and payment of the fee hereinafter mentioned : 2. One of the duplicates shall be retained at the depart- ment, and the other shall be returned, with a certificate of registration, to the person depositing it. 10 Whenever the author of a literary, scientific or artis- tic work or composition which may be the subject of copy-. Copyright. riglit, has executed the same tor another person or lias sold the same to another person tor due lonsideration, such author shall not be entitled to obtain or to retain the proprietorship of su. copyrig-ht, which is, by the said transaction, virtually ansteired to the purchaser, and such purchaser may avail himself t>t such privilejj^e. unless a reserve of the privilege is specially made b\' the author or artist in a deed duly executed IT If, at the expiration of the said lei m of twenty-eijj^ht years, the author or any of the authors (when the work has been orig^inally composed and made by more than one person), is still livinjjf, or it suih author is dead and has left a widow or a child, or children living^, the same sole and exclusive right and liberty shall be continued io such author, or to such authors still living, or, if dead, then to such widow and child or children, as the case may be, for the further term of fourteen years : but in such case, within one year after the expiration of such term of twenty-eight years, ihe title of the work secured shall be a second time registt red, and all othei* regulations herein required to be observed in regard to original copyrights shall be complied-, with in respect to such renewed copyright. IS In all cases of renewal of copyright under this Act, the author or proprietor shall, within two months from the date of such renewal, cause notice of such registration thereof to be published once in the Can c hi Gazttie. lil In case of any person making application to register as his own, the copyright of a literary, scientific or artistic work already registered in the name of another person, or in case of simultaneous conflicting applications, or of an application made by any person other than the person en-^ tered as proprietor of a registered copyright, to cancel the said copyright, the person so applying shall be notified by the Minister that the question is one for the decision of a court of competent jurisdiction, and no further proceedings shall be had or taken by the Minister concerning the appli- cation until a judgment is produced maintainiiig, cancelling or otherwise deciding the matter : 2. Such registration, cancellation or adjustment of the said right shall then be made by the Minister in accordance with such decision. 3. The Exchequer Court of Canada shall be a competent court within the meaning of this Act, and shall have juris- Notes on ! .1 'diction to adjudicute upon any question arising under this section, upon information in the name of the Attorney K^tfneral of Canada, or at the suit of any person interested. Note. — This chiuse was added hy 53 Vict., chap. 12, 1890 ; and 54-55 Vict., chap 34, 1891. ?iO Every person who, without the consent of the author or lawful proprietor thereof first obtained, prints or pub- lishes, or causes to be printed or published, any manuscript not previously printed in Canada or elsewhere, shall be liable to the author or proprietor for all damages occasioned by ■such publication, and the same shall be recoverable in any court of competent jm isdiction. *Zl If a work copyrighted in Canada becomes out of print, a complaint may be lodged by any person with the Minister, who, on the fact being ascertained to his satisfac- tion, shall notify the owner of the copyright of the com- plaint and of the iact ; and if, withiji a reasonable time, no remedy is applied by such owner, the Minister may grant a license to any person to publish a new edition or to import the work, specifying the number of copies and the royalty to be paid on each to the owner of the copyright /i^ The following fees shall be paid to the Minister be- fore an application for any of the purposes herein mention- ed is received, that is to say : On registering a copyright $1 00 On registering an interim copviight. o 50 On registering a temporary copyright 05 On registering an assignment i 00 For a certified copy of registration o 50 On registering any decision of a court of jus- tice, for every folio o 50 For office copies of documents not above mentioned, the following charges shall be made : For every single or first folio, certified copy $0 50 For every subsequent hundred words (frac- tions under or not exceeding fifty not being counted, and over fifty being counted for one hundred) o 25 2. The said f» es shall be in full of all services performed under this Act by the Minister or by any person employed 'by him under this Act : 3. All fees received under this Act shall be paid over to Copyright. the Minister of Fin«nce and Receiver-General, and sliall form part of the Consolidated Revenue Fund of Canada : 4. No person shall be exempt from the payment ol any fee or charg^e payable in respect of any services performed tmder this Act for such person, and no fee paid shall oe returned to the person who paid it. "m Xothinjj; herein contained shall prejudice the rig^ht of any person to represent any scene or object, nol.vilh- standing- that there may be copyright in some other repre- sentation of such scene or object. ^4 Newspapers and magazines published in foreign countries, and which contain, together with foreign origitial matter, portions of British copyright works republished •with the consent of the author or his legal representatives, or under the law of the country where such copyright ex- ists, may be imported into Canada !^5 Clerical errors which occur in the framing or cop\ ing of any instrument drawn by any officer or employee in or of the department shall not be construed as invalidating such instrument, but when discovered they may be corrected under the authority of the Minister. *Hl All copies or extracts certified, from the department, ■shall be received in evidence, without further proof and without production of the originals. ^T The Minister may, from time to time, subject to the approval of the Governor in Council, m.nUe siuh rules and regulations, and prescribe such forms, as appear to him necessary and expedient for the purposes of this Act ; and such regulations and forms, circulated in print for the use of the public, shall be deemed to be correct for the piu-poses of this Act ; and documents, executed and accepted by the Minister shall be held valid, so fai" as relates to all official proceedings under this Act. *Z^ Every person who willulJN' makes or causes to be made any false entry in any of the registry books herein- before mentioned of the Minister, or who wilfully produces or causes to be tendered in evidence, any paper which falsely purports to be a copy of an entry of any of the said books, is guilty of a misdemeanor, and shall be punished ac- cordingly. ?J0 Every person who fraudulently assumes authority to act as agent of the author or of his legal representative for Notes on ihe registialion of a temporary copyright, an interim copy- right, or a copyright, is guihy of a misdemeanor and shall be pimished accordingly. StO Every person who, after the interim registration of the title of any book according to this Act, and within the term herein limited, or after the copyright is secured and during the term or terms of its duration, prints, publishes, or re- prints or republishes, tir imports, or causes to be so printed, published or impDrted, any copy or any translation of sucb book without the consent of the person lawfully entitled to the copyright thereof,, first had and obtained by assignment, or wlio, knowing the same to be so printed or imported,, publishes, sells or exposes for sale, or causes to be published^ sold or exposeil for sale, any copy of such liook without such cotisent, shall forfeit every i*opy of such book to the person then lawfully entitled to the cop)right thereof; and shall forfeit and pay for every such copy which is found in his possession, either being printed ov printed, published, im- ported or exposed for sale^ contra r\' to the provisions of this Act, such sum, not exceeding one dollar and not less than, ten cents, as the c irt determines, —which forfeiture shall be enforceable or recoverable in any court of competent jurisdiction ; and a moiety of such sum shall belong to Her Majesty for the public uses of Canada, and the other moiety shall belong to the lawful owner of such copyright. •M Every person who, after the registration of any paint- ing, drawing, statue or other work of art, and within the term or terms limited by this Act, reproduces in any man- ner, or causes to be reproduced, made or sold, in whole or in part, any copy of any such wojk of art, without the con- sent of the proprietor, shall forfeit the plate or plates on which such reproduction has been made, and every sheet thereof so reproduced, to the proprietor of the copyright thereof; and shall also forfeit for every sheet o( such pro- duction published or exposed for sale, contrary to this Act,, such sum, not ext^eeding one dollar and not less than ten cents, as the court determines,— which forfeiture shall be enforceable or recoverable in any court of competent jurisdiction ; and a moiety of such sum shall belong to Her Majesty for the public uses of Canada, and the other moiety shall belong to the lawful owner of such copyright. 3^ Every person who, after the registering of any print,, cut or engraving, map, chart, musical composition or photo- liii Copyright, ^raph, actorditig- to the provisions of this Act, and within the term or terms hmited by this Act, en^^rnves, etches ov works, sells or copies, or cmses to be engraved, etched or •c!opied, made or sold, either as a whole or by varying", adding to or diminishing the main design, with intent to evade the law, or who prints or reprints or imports lor sale, or causes io be so printed or reprinted or importetl lor sale, any such map, chart, musical composition, print, cut or engraving, or any part thereof, without the consent of the proprietor of the copyright thereof, first obtained as aforesaid, or who, knowing the same to be so reprinted, printed or imported without such consent, publishes, sells or exposes for sale, or in any manner disposes of any such Miap, chart, musical composition, engraving, cut, photi>- graph or print, without such consent as aforesaid, shall forfeit the plate or plates on which such map, chart, musi- cal composition, engraving, cut, photograph or print has been copied, and also ever}' sheet thereof, so copied or printed as aforesaid, to the proprietor of the copyright thereof; and shall also forfeit, for every sheet of such map, musical composition, print, cut or engraving found in his possession, printed or published or exposed for sale, con- trary to this Act, such sum, not exceeding ohe dollar and not less than ten cents, as the court determines, — which forfeiture shall be enforceable or recoverable in any court of competent jurisdiction ; and a moiety of such sum shall belong to Her Majesty for the public uses of Canada, and the other moiety shall belong to the lawful owner o\ such copyright. 3«{ Kvery person who has not lawfully acquired the copy- right of the literary, scientific or artistic work, and who in- serts in any copy thereof printed, produced, reproduced or imported, or who impresses on any such copy, that the same has been entered according to this Act, or words purporting to assert the existence of a Canadian copyright in relation thereto, shall incur a penalty not exceeding three hundred dollars : 2. Every person who causes any work to be inserted in the register of interim copyright and fails to print and publish, or reprint, and republish the same within the time prescribed, shall incur a penalty not exceeding one hundred dollars : 3. Every penalty incurred under this section shall be re- Notes oa 4'ovoiable in any court of competent inrisdicl^on ; and a moiety thereof shall belongs to Her Majesty for the public uses of Canada, and the other moiety sh.ill belony^ ♦o the person who sues for the same. liA No action or prosecution for lite recovery of any penalty luider this Act, shall be commenced more than Uvo years after the cause of action arises. Rules, M'' I. riiore is no necessity for any personal appearance at the Department of Ajjriculture, unless specially called for by order ol the Minister or the Deputy, every transactioi) beinj^f carried on by writinj^. II. In every case the applicant or depositor of any paper is responsible for the merits of his allegations and of the validity of the instruments furnished by him or his agent. III. The correspondence is carried on with the applicant^ •r with the agent who has remitted or transmitted the papers to the office, but with one person only. IV All papers are to be clearly and neatly written on foolscap paper, and every word of them is to be distinctly legible, in order that no difficulty should be met with in the taking cognizance of, and in the registering and copying them. V. All copies of books deposited in accordance with section 9 of " The Copyright Act," must be furnished with board covers or full bound, and all copies of maps deposited must be mounted. VI. All communications to be addressed in the following words : Jo the. Minister of Agrictilturey (Copyright Brant hy} Ottawa. VII. In preparing an assignment in duplicate pursuant to section 15 of " The Copyright Act," care should be taken to allow on the back of the document a sufficient space for the insertion of the certificate. VIII. As regards proceedings not specially provided for in the following forms, any form being conformable to the Copyright. letter and spirit of the law will be accepted, and if not coiv- lonnable will be returned for correction. IX. A copy of the Act and the Rules with a particular section marked, sent to any person making an inquiry is mtended as a respectful answer by the office. X. The correspondence with the De^)artment is carried, through the Canadian mail, free of postage. XI. The forwarding of any paper should always be ac- companied by a letter, and a separate letter should be written in relation to each distinct subject. XI I It is particularly recommended that reference should be made to the law before writing on any subject to the Department, m order to avoid unnecessary explanations and useless loss of time and labor. XIII. A sufficient margin should be left on every paper and specially on specifications and assignments for the in- sertion of references or certificates and for the affixiiiir of the seal thereto. XIV. It must be remembered that the better papers are executed, the sooner the work is dispatched at the office, and the surer the regularity of the proceeding is guaranteed Forms. I. FOR COPYRIGHT, WHEN MADE BY THE PRIETOR. PRO- To the Afifiisterof Agnciilturc (Co/)j>n'x/it H>anch), Ottawa. I (name of person ), domiciled in ( srive name of place attdJ pyovince, m full, where domic lied), hereby declare that I anv the proprietor of the (hook, map, etc.), called (title or name), and that the said ( book\ map. etc.) has been published in Canada by (name of publisher) in the (locality where publish - M),m the Province of (state P?ovince), and hereby request the Registration of the same, and for that purpose I here- with forward the fee required bv " The Copyright Act " to- gether with two copies of the ('boo/:, map, etc., if the object /v M^ ■ "iii! ^'^11 i Notes on a painting, a sculpture, or other work of art, a written descrip- 'tion of such tvork of art). In testimony thereof, I have signed in the presence of the two undersig"ned witnesses at the place and date hereunder mentioneii. ( Plait ind date. ) (Sig"nature of the Proprietor.) Siifr, ture of tlie two witnesses. \ i II. 50R A COPVRKiHT, WHEN MADE BV AN AGENT. To the Minister of Agriculture^ ( Copyright Bratich , ) Ottaiua, The undersigned, resident of the (designation and names of the locality and Province ivhere the Agent resides), being the Agent authorized by (name of the Proprietor, stating zvhere domiciled in Canada, or in any part of the Htitish possessions, or l)eins[ a citizen of any country (stating the country) which has an International Copyright treaty with the United Kingdom, as the case may he), hereby declare that (}ui)ne of the proprie- tor) is propriet'^r of the (Book, Map, etnga citizen of any country {stating the country) which ha. '(7^^^ Map, ^l\ In testimony thereof I have signed in the presence of the Notes on two undersigned witnesses, at the place and date hereunder mentioned. {Place and date) (Signature of the Agent of the Proprietor.) Signature of the two witnesses. } FOR A TEMPORARY COPYRIGHT, WHEN MADE BY A PROPRIETOR. To the Minister of A^i^riniltiire, {Copy right Branchy) Ottawa. I, {name of person), domiciled in {give na/nts of plate a)id Province, in full, where domiciled) hereby declare that I am the proprietor of the {Book, Story, &^f.), called {title or na/ne) which is now being preliminarily published in separate articles, in the {state the name, place and province of the News- paper or Periodical in which the 7vork is being published), for which I hereby request the privilege of a Temporary Copyright in the terms of the Act, and for that purpose I herewith forward the fee required by " The Copyright Act," together with a shert analysis of the said work. In testimony thereof I have signed in the presence of the two undersigned witnesses, at the place and date hereunder mentioned. {Place and date.) (Signature of the Proprietor.) Signature of the two witnesses. \ FOR A TEMPORARY COPYRIGH 1 , WHEN MADE BY AN AGENT. 7'o the Minister of Agriculture^ {Copyright Branch), Ottawa. The undersigned, resident In the {designation and name of the locality and Province tvhere the Agent resides) being the Agent authorized by {name op' the proprietor stating where domiciled, in Canada, o-- in any part of the British possessions, or l>eing a citiwnof any country {stating the country), ivhich has Copyright. Ac together with a short analysis of said work ^^^ ' In testimony thereof, I have signed in the presence of th. tv^ unders.,. d witnesses, at thf place and '.^VeTe^e^i'J^l {Place and date.) Sijcna.ure of the f^o'tJiufes^ls't ''^"" "' ""^ P^Prie.or.i Notes on IL The Suspended Act of 1889, AS AMENDED. Canada Statutes^ 52 Vict., Chap. 29 (1889), and Canada Statutes, 58-59 Vict., Chap. 37 (1895). [Assgfitec/ to 2nd May, iS8g\ Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol- lows : 1 Sections four and five of "The Copyright Act" are hereby repealed, and the following- substituted therefor : " 4 Any person domiciled in Canada or in any part of the British possessions, or any citizen of any country which has an International copyright treaty with the United King- dom, in which Canada is included, who is the author of any book, map, chart or musical or literary composition^ or of any original p,;mting, drawing, statue, sculpture or photograph, or who invents, designs, etches, engraves or causes to be engraved, etched or made from his own design, any print or engraving, and the legal representatives of such person or citizen, shall have the sole and exclusive right and liberty of printing, reprinting, publishing, repro- ducing and vending such literary, scientific, musical or artistic works or compositions, in whole or in part, and of allowing translations to be printed or reprinted and sold, of such literary works from one language into other languages, for the term of twenty-eight years, from the time of record- ing the copyright thereof in the manner and on the condi- tions, and subject to the restrictions hereinafter set forth. ** 5 The conditions for obtaining such copyright shall be that the said literary, scientific, musical or artistic work I \ "!*i^iSw*.' Copyright. shall, before publication or production ersevvhere, or simuN taneously w.th the first publication or production thereof elsewhere, be reg:,stered i^ the office of the Minister of Agriculture, by the autho. or his legal representatives, and further ihat siich work shall be printed and published or produced m Canada, or reprinted and republished or repro- duced in Canada, within one month after publication or production elsewhere; but in no case shall the said sole and exclusive rig:ht and privilege in Canada continue to exist after it has expired in the country of origin : Jr^i' ^° .'"*'"^^'"'*^ licentious, irreligious, or treasonable or seditious literary, scientific or artistic work, shall be the legitimate subject of such registration or copyright : . "3. If any such cor /ght work has been reprinted pre- vious y to the com: .nto force of this Act, any persoi> u ho has, previousl; . such date, imported any foieign re- hnt" h' '"^y ^*'^P^/« «*■ :-"^'J^ '-eprints by sale or otherwise ; but the burden of proof of establishing the extent and reg- ularity of the transaction shall, in such case, be upon such XM^"*; \" ^he case of any person who has contracted, pre- viously to the coming into force of this Act, to supplv anv reprint of any work, either in its complete state or by serial Jn'l h^T? ' •? T J- '' T''' ^'^^Py'g^ht has been obtained either h,^w.y-"r '^;"&^«'" '^•- Hny such country as aforesaid, .,u h '"C^"^d^'^"^'h person shall be entitled to complete such contract, and, subject to the provisions of the Acts respecting duties of Customs, to import the same ; but the burden of proof of establishing the extent and regularity o1^ the transaction shall, m such case, be upon such person.' '4 Section six of the said Act is hereby repealed. JV!V'^ person entitled to copyright under the said Act as hereby amended, neglects or fails to take advantage of ttme ajtcr the first pnhltcation ui Canada of the work for which ']^r,T 7i"'" ^ooMnecLfaih to print and pnblish in Can^ adathe^vorkforwhuhropyright ntight have been or has t^een w ,f^'''''^f,/'L'''-^^^^^^'f ^^'#'-'>''^''''^^''''^^'--^ ■^'^/ m such manner as to meet the demamim Canada for such work, any person or persons domiciled in Canada may obtain from ihe Minister of Agriculture a license or licenses to print and publish or to reproduce such work in Canada, but no such license Notes on shall convey exclusive ri^ht to print and publish or pro- duce any work." 2. A license shall be g-ranted to any applicant agreeing" to pay the author or his legal representatives a rojalty of ten per centum on the retail price of each copy or repro- duction issued of the work which is the subject of the license and giving security for such payment to the satis- faction of the Minister. 4 The royalty provided for in the next preceding section shall be collected by the officers of the department of In- land Revenue, and paid over to the persons entitled there- to, under regulations approved by the Go\ernor in Council ; but the Government shall not be liable to account for any such royalty not actually collected. 5 Whenever, under the foregoing provisions of this Act, a license has been issued permitting the printing and pub- lishing or the producing of any work, and evidence has been adduced to the satisfaction ot the Crovernor in Council that such work is in course ot being printed and published or produced in such manner as to meet the demand therefor in Canada, the Governor General may, by proclamation published in the Caitaia Ga^efte, prohibit the importation, while the author's copyright or that of his assigns is in force, or would have been in force had copyright for the work been obtained in Canada under the provisions of sections four and five of the Act as hereby amended, subject to the provisions hereinafter contained, of any copies or repro- ductions of the work to which such license relates ; but if, at any time thereafter, it is made to appear to the Governor in Council that such work is not, under such license, printed and published or produced in such manner as to meet such demand, the Governor General may, by proclamation pub- lished as aforesaid, revoke such prohibition. Provided, however, that as to any work for which copyright has been obtained in Canada, the Governor in Council may, upon its being established to his satisfaction that the holder of such copyright is prepared and />ona fide intends during the re- maining period of his term of copyright to print and publish such work iti Canada in sufficient numbers and in such iTianner as to supply the demand for such work in Canada, revoke all licenses for the printing and publication of such work then in force ; but such revocation shall not render unlawful the subsequent sale and disposal in Canada of all .m-. •■> Copyright. or any of the copies of such work then printed under the authority of the hcense so revoked. u-tK ^"^'.""S: i" this Act contait^ed shall be deemed to pro- hibi the nuportat.on from the United Kingdom of copies of works of which the copyright is there existing and which are lawfully prmted and published there, nor shall anything in this Act contained be deemed to apply to any work for which copyright has been obtained in the United Kingdom or in any such country as aforesaid before the coming into force of this Act ; but the law in force at the time of the coming into force hereof shall be deemed to be still in force -as respects such works. T The foregoing provisions of this Act shall come into torce on a day to be named by proclamation of the Governor lieneral. Notes on III. United States Copyright Act* *' Sec. 4952. The author, inventor, designer or pro- prietor of any book, map, chart, dramatic or musical com- position, engraving^, cut, print, or photograph or negative thereof, or of p painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts, and tlie executors, admini trators, or as- signs of any such person shall, upon complying with the provisions of this chapter, laave the sole liberty of printing, reprinting, publishing, completing, copying, executing, finishing, and vending the same ; and, in case of dramatic composition, of publicly performing or representing it or causing it to be performed or represented by others ; and authors or their assigns shall have exclusive right to dram- atize and translate any of their works for which copyright shall have been obtained under the laws of the United States. " *' Sec. 4954. The author, inventor, or designer, if he be still living, or his widow or children, if he be dead, shall have the same ex.lusive i ight continued for the further term of fourteen years, upon recording the title of the work or description of the article so secured a second time, and complying with all other regulations in regard to original copyrights, within six months before the expiration of the first term ; and such persons shall, within two months from the date of said renewal, cause a copy of the record thereof to be published in one or more newspapers printed in the United States for the space of four weeks." " Sec. 4956. No person shall be entitled to a copyright unless he shall, on or before the day of publication in this or any foreign country, deliver at the office of the Librarian of Congress, or deposit in the mail within the United States, addressed to the Librarian of Congress, at VV^ashington, District of Columbia, a printed copy of the Copyright. title of the book, map, chart, dramatic or musical comi- position, engrav ng, cut, print, photograph, or chromo, or a," description of the painting, drawing, statue, statuary, or a model or design for a work of t e fine arts for which lie desires a copyright, nor unless \.e shall also, not later than, the day of the publication thereof in this or any foreign country, deliver at ^ office of the Librarian of Congress,, at Washington, District of Columbia, or deposit in the mail within the United States, addressed to the Librarian of Congress, at Washington, District of Columbia, two copies of such copyright book, map, chart, dramatic or iiiusical composition, engraving, chromo, cut, print, photograph, or in case of a painting, drawing, statue, statuary, model or design for a work of the fine arts, a photograph of same t: Provided^ That in the case of a book, photograph, chromo,, or lithograph, the two copies of the same recjuired to be delivered or deposited as above shall be printed from type set within the limits of the United States, or from transfers, made therefrom. During the existence of such copyright the importation into the United Stales of any book, chromo,, or lithograph, or photograph, so copvrighted, or any edition or editions thereof, or any plates of the same not made from type set, negatives, or drawings on stone made within the limits of the United States, shall be, and it is hereby ^ prohibited, except in the cases specified in paragraphs five hundred and twelve to five hundred and sixteen, inclusive,, in section two of the act entitled ' An act to reduce the revenue and equalize the duties on imports, and for other purposes,' approved October first, eighteen hundred and ninety ; and except in the case of persons purchasmg for use and not for sale, who import subject to the duty thereon, not more than two copies of such book at any one time ; and except in the case of newspapers and magazines, not con- taining in whole or in part matter copyrighted under the pro-- visions of this act, unauthorized by the author, which are hereby exempted from prohibition of importation : Provided ^ r.everthdessy That in the case of books in foreign languages, of which only translations in English are copyrighted the prohibition of importat'on shall apply only to the trans- lation of the same, and the importation of the books in the original languages shall be permitted." " Sec. 4^58. The Librarian of Congress shall receive from, Notes on the persons to whom the services designated are rendered the following fees • "First. I*\)r recording the title or description of any copyright book or article, fifty cents. "Second. For every copy under seal of such record actually given to the person claiming the copyright, or his assigns, fifty cents. "Third. For recording and certifying any instrument of writing for the assignment of a copyright, one dollar. "Fourth. For every copy of an as-igtnnent, one dollar. "All fees so received shall be paid into the Treasury of 'the United States, Provided, That the charge for recording the title or description of any article entered for copyright, the production of a person not a citizen or resident of the United States, shall be one dollar, to be paid as above into the Treasury of the United States, to defray the expenses of lists of copyright articles as hereinafter provided fx>r. " And the Secretary of the Treasury and the Postmaster- General are hereby empowered and required to make and enforce such rules and regulations as shall prevent the im- portation into the United States, except upon the conditions •above specified, of all articles prohibited by this act." "Sec. 4959. The proprietor of every cop\right book or other article shall deliver at the office of the Librarian of Congress, or deposit in the mail, addressed to the Librarian of Congress, at Washington, District of Columbia, a copy of every subsequent edition wherein any substantial changes shall be made: Proridedy hAvever, that the alterations, re- visions, and additions made to books by foreign authors, heretofore published, of which new additions shall appear subsequently to the taking effect of this act, shall be held and deemed capable of being copyrighted as above pro- vided for in this act, unless they form a part of the series in course of publication at th ) time this act shall take effect." "Sec. 4963. Every person who shall insert or impress such notice, or words of the same purport, in or upon an}' book, map, chart, dramatic or musical composition, print, cut, en- graving, or photograph, or other article, for which he has not oDtained a copyright, shall be iiable to a penalty of one hundred dollars, recoverable one half for the person who shall sue for such penalty and one-half to the use of the United States." Copyright. *'Sf:c. 4964. Kvery person, who after the recording of the title of any book and the depositing^ of two copies of such book, as provided by this act, shall, contrary to the provis- ions of this act, within the term limited, and without the con- •sent of the proprietor of the copyright first obtained in writing signed in presence of two or more witnesses, pt int, publish, dramatize, translate or import, or knowing the same to be so printed, published, dramatized, translated or imported, shall sell oi expose to sale any copy of such book, •shall forfeit every copy thereof to such proprietor, and shall also forfeit and pay such damages as may be recovered in a civil action by such proprietor in any court of competent jurisdiction." " Sp:c. 4965. If any person, after the recording of the title •of any map, chart, dramatic or musical composition, print, ■cut, engraving, or photograph, or chromo, or of the de- scription of any painting, drawing, statue, statuary, or model or design intended to be perfected and executed as ■ a work of the fine arts, as provided by this act, shall within Ihe term limited, contrary to the provisions of this Act, and without the consent of tile proprietor ot the copyright first •obtained in writing, signed in presence of two or more ■witnesses, engrave, etch, work, copy, print, publish, dramatize, translate, or import, either in whole or in part, or by varying the main design witii intent to evade the Haw, or, knowing the same to be so printed, published, dramati;ied, translated, or imported, shall sell or expose to sale any copy of such map or other article as aforesaid, he shall forfeit to the proprietor all the plates on which the ■same shall be copied and every sheet thereof, either copied or printed, and shall further forfeit one dollar for every sheet of the same found in his possession, either printing, printed, copied, published, imported, or exposed for sale, and in case of painting, statue, or statuary, he shall forfeit ten dollars for every copy of the same in his possession, or by him sold or exposed for sale ; one-half thereof to the proprietor and the other half to the use of the United Slates.'' " Sec. 4967, Every person who shall print or publish any *nanuscript whatever without the consent of the author or proprietor first obtained shall be liable to the author or proprietor for all damages occasioned by such injury." X^^J uV^V ^O, IMAGE EVALUATION TEST TARGET (MT-3) V- MP * S &•/ :/u 1.0 '.' 1136 I.I .25 II 2.2 1 2.0 1.4 i!.6 V} ^ /} T3 'el r ^ ^ M 9i 'W om w Photographic Sciences Corpordtion \ >-q\' f|: N^ O '% .V*. -!?■_ ^^•» 6^ >^. •%^ ^ 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ''l^ A ■"'^' ^^? is o Notes on That for the purpose of this act each volume of a book ia two or more vohimes, when si'ch volumes are published separately and the first one shall not have been issued be- fore this act shall take effect, and each number of a period- ical shall be considered an independent publication, sub~ ject to Ihe form of copyrijj^hting' above. That this act shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation< permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens ; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may, at its- pleasure, become a party to such agreement. The exist- ence of either of the conditions aforesaid shall be deter- mined by the President of the United States by proclama- tion made from time to time as the purposes of this act may require. >i lit Griffin ic Kidnbr, Printers, Hamilton, Canada. Copyright THIS PAMPHLET MAY BE ORDERED THROUGH aNY BOOKSELLER IN Canada or the United States. Price, 30 cents, net. The trade supplied by THE TORONTO NEWS CO., 42 YoNGE Street, Toronto, Canada. I. European Agents : HENRY SOTHERAN & CO., 140 Strand, w. c, Lqndon, who will mail a copy to any address on receipt OF I.v. 6d. i0:i)ecGli0:r) jJilepefpy ©upeGru HAMII^TON, CANADA The Bureau offers its services as literary adviser. Manuscripts corrected an:l revised. Manuscripts typewritten. Typewritten manu- scripts have the advantage over those written with pen and ink. Publishers have so many manuscripts submitted, that few of them will take the trouble even to look at a manuscript from a new writer unless it is typevvritten. THE BUREAU IS PREPARED TO ADVISE ON ANY POINT IN CONNECTION WITH COPYRIGHT. Writers who desire to have their works printed and published at their own expense, either in & limited edition for presentation to their friends^ or in a laro^er edition for sale to the public, are invited to correspond with the Bureau. CIRCULAR MAILED FREE TO ALL APPLICANTS. Correspondence in the English, French, German and Spanish languages. Address, CANADIAN LITERARY BUREAU, BOX 203, Hamilton, Canada. xu ary ;ed. nu- ten ipt lY ted 1 a ds, are lan )A. I For Catalogue Cards, Copyright. '6=s.6 Lancefield, R: T: Notes on copyright, domestic and inter- national : "'ith a synopsis of the Canadian, Imperial and United States copyright acts. Hamilton, Can., Canadian literary bureau, 1896. 96 p. S Ppr. 30c. }ut. «655.6 Lancefield, R: T: Notes on copyright, domestic and inter- national : with a synapsis of the Canadian, Imperial and United States copyright acts. Hamilton, Can,, Canadian literary bureau, 1896. 96 p. S. Ppr. 30c. net. I 1 Notes on copyright. 6ss.6 Lancefield, R: T: Notes on copyright, domestic and inter- national : with a synopsis of the Canadian, Imperial and United States copyright acts. Hamilton, Can., Canadian literary bureau, 1896. 96 p. S. Ppr. 30C. tut. Copyright. — Canada. 655.671 5'^^ under 655.6 Lancefield, R: T: Notes on copyright, domestic and inter- CJ national.