e9-*r^ 
 
 REPORT ON COPYRIGHT adopted at a meeting of the 
 Canadian Society of Authors, held at the Canadian Institute, 
 Toronto, on Monday evening, March J 3, 1899, 
 
 Tlio Ci'miiiittoe to which was referred the suhject of Copyrijjht, with instructions to rept^rt to a 
 g'ctieriil meetiiij; of tlie persons iiitoresicil in foriiiinj,' a Canadian Society of Authors, besjs leave to report 
 as follows : 
 
 Voiir C'oinniilteo has carefully considered the various steps taken In the Gcuernmenl of the old 
 Provinces of ( anaila, as well as by the noniinioii C'lovernnient, with respect to the passajL,^- of a Copy- 
 right V-t, which would meet the views of the Imperial Parliament, and at the same time he acceptable to 
 authors and publishers in Canada. Krom the memorandum submitted hv tiie departmental representatives 
 of the Colonial Ollice, d;itetl 20th May, i8f|j, it is evident th.it the I'oreitjn Reprints Act was not 
 satisfactorv to the publishers of Cireat Mritrin. A perusal of the despatches which passed between Sir 
 John Thompson and the I'olonial OHlce, with regard to the Kill of i88i), also shews that this Bill was 
 regariletl as inadequate and unsatisfactory. It is not within the province of the Canadian Society of 
 Authors to protler any opinion on the constitutional questions involved in the conflictin;,' claims of juris- 
 diction between the Urilish and Dominion Parliaments on the subject of copyright legislation. But we 
 may be perniiiled to inge that as the aim of both Legislatures alike is the good of Her Majesty's subjects 
 and the enactment of just legislation to that end, it seems possible to attain this practical result without 
 compromising the position of either Government upon the absit-act question of jurisdiction. The substance 
 of the legislation being agreed upon, its enactment by either Legislature, or in identical terms bjj bpth, 
 will dispense with the ground for controversy on this subject. 
 
 If it is to bo assumed that Lord Herschell's Bill for consolidating the Copyright .Acts of Great Britain 
 represents the policy of the Home tiovernmeni with regard to Copyright, it becomes evident that aich a 
 solution of the tan.\diHn Copyright problem must be looked for as will not antagonize the principle of 
 that Bill The 'question that confronts your committee, therefore, Is : Can the Imperial policy in this 
 respect be maintained and at the same time C"olonial authors and publishers be permitted to enjoy a 
 reasonable preference in their own markets 'i 
 
 Vour Committee Is of the opinion that both are possible, ^'our Committee, therefore, does not 
 recon.mend any .imendment to Lord Herschell's Bill which would exclude any British Copyright froiu the 
 Canadian market, except with the consent and approval of the author or the holder of the cop> right. 
 By virtue of the right of iwoperly which an author has in his works, he can sell his copyright to any 
 publisher in any part ^\i the ICmpire, and conversely any publisher should have the right of purchase and 
 all the privileges which this right implies. But as the law now stands, the sale to a publisher in the 
 United Kingdom carries with it the right of entry to the Canadian market, notwithstanding a,iy contract 
 entered into between the author and the Canadian publisher. Vour committee considers this unjust to 
 the Canadian author and publisher, and would therefore respectfully submit, that where an .-uithor enters 
 into an arrangement with a Canadian publisher for the copyright and sale of his works in C'anada, the 
 Canadian copyiight shoidd carry with it the exclusive control of the Canadian market, exc< nt as to 
 individual copies of Wie work which oiight be imported for the use of Public Free Libraries, ,Cniversities 
 or other schools ot learning. The advantage to the author in this case.would be by no means inconsider- 
 able. N'our committee is of the opinion that the I'anadian publisher by his knowledge of the market and 
 by his facilities for placing works before the public would be able to dispose of a nuich larger edition of 
 such authors' works than would ever reach the people of Canada imder the present British Copyright 
 arrangement, and your Commillee therefore, has no hesitation in saying that the amendments hereinafter 
 suggested would greatly henilit both the author publishing in Great Britain, and the Canadian public. 
 
Your committee wiuilil, Imwevcr, fail in its tluty lo Canadiiin authors aiui publishers if it did not also 
 emphasize the Canadian view ot the case. Many (."unadian authors preler publishin),' their works in 
 London rather than in Canada inasmuch as this y;ives tliem a larye market at the outset. The consequence 
 of this is that they are little known to the Canadian public, as the British publisher has little interest in 
 what he 'e^jards as our comparatively limited market. If the recommendation of your Committee i.s 
 adopted, the Canadian author who publishes in London, could also arranije with a Canadian publisher for 
 a Canadian edition of his works, and in this way secure, in addition to the British market, the full advant- 
 age to the Canadian market. The benefit to the author under these circumstances, is so apparent as to 
 render all further elucidation unnecessary. 
 
 .\ similar benefit would accrue to the Canadian publisher. To him the m.irkct of his own country is 
 ot the first importance. Limited as it is, compared with the market of Great Britain, it nevertheless affords- 
 a reasonable scope for enterprise, and as h-,- cannot hope to win a foothold in any other, he mi},'ht reason- 
 ably be expected to have a stronjf claim upon the only market practically open to him. It is also to be 
 remembered, if he is successful, th.tt he shares his prosperity, in every instance, with the author. Indeed 
 it is well known that many authors owe much of their success to the enterprise and judgment of their 
 publishers. 
 
 It is the opinion of your Committee, therefore, that Lord Herschell's Bill would conduce largely to 
 the benefit of Canadian authors and publishers, and the public generally, if amended by adding a clause 
 to the following elTect which might appear as a subsection to section 35 of the Bill : - 
 
 ill) Provided, also, that notwithst.anding anything in this Act, it shall be lawful for the Legislature in 
 any British colony or possession to pass an .Act or Ordinance providing that if and when there be registered 
 at the office for the registry of copyrights in literary and artistic works kept under the authority of the 
 Government of such British colony or possession a reprint of any literary or artistic work first published in 
 any other part of Her M.ijesty's Dominions or simultaneously published in some other part of Her Majesty's 
 Dominions, and in the said British colony or possession, with a certificate that the owner of the copyright 
 under this Act in such work sanctions such reprint, then and thereafter no copy of the said work so copy- 
 righted under this .Act shall be imported into such British colony or possession save and except copies of 
 su. h work sp.'ciallv imported for th.- /wiui tide use of Public Kree Libraries and I'niversity and College 
 Libraries ;uid Law- Libraries of any duly organized Law Association or Society for the use of its members, 
 such copies so imported, however, not lo exceed more than two for each of such Libraries. 
 
 2. That a copy of this report be transmitted to the Minister of Justice, with an urgent request that a 
 despatch based thereon be sent to the Colonial Secretary. 
 
 3. That a deputation be appointed 10 confer with the Canadian Copyright .Association with a view to 
 their acting in concert with this Society lo obtain the adoption of the above amendment. 
 
 4. That a Committee be appointed to represent the views of this Society before the .Members of the 
 Dominion Government if deemed desirable. 
 
 5. That your Committee be .iiithorized to communicate with the British and the .American .Associations 
 of .Authors, to secure, if possible, their co-operation in advancing the recommendations of your t'ommltlee.