Copyright: Its History and Its LawBowker, R. R. (Richard Rogers)
History
Copyright: Its History and Its Law
Bowker, R. R. (Richard Rogers)
Copyright -- History; Copyright -- United States -- History
Artistic copyright in Great Britain, on the contrary, has been protected
by several concurrent acts beginning with the engraving copyright acts
of 1734 and 1767 and including the prints copyright act of 1777, the
sculpture copyright act of 1814, the prints and engravings copyright
(Ireland) act of 1836 and the fine arts copyright act of 1862 covering
paintings, drawings and photographs, previously unprotected,--all
forming part of the English law until repealed by the new code. Under
these several laws, the copyright term for paintings, drawings and
photographs has been the life of the author and seven years, for
engravings twenty-eight years from first publication and for sculpture
fourteen years from first publishing and renewal for fourteen years.
Under the act of 1862--which did not afford protection outside the
United Kingdom, as was affirmed by the Privy Council in 1903, upholding
a Canadian decision, in Graves _v._ Gorrie--copyright in artistic works
began with the making of the work wherever made (except that a foreigner
must be resident in England apparently at the time of making) and did
not depend upon publication; but the international copyright act of 1844
nevertheless denied protection in Great Britain where a work was first
published in a country outside of treaty relations. Registration at
Stationers' Hall, at a cost of one shilling, has been a prerequisite to
protection. The right to copyright lapsed when the original work was
sold by the artist without previous registration or written reservation,
a provision applied in 1909 in Hunter _v._ Clifford.
{Sidenote: Sculpture provisions}
An original work of sculpture was protected only if first published
within the British dominions, if by a British subject or resident,
provided it bore the proprietor's name and date of first publication;
and renewal for a second fourteen years was possible only if the author
was then alive and held the copyright. Toy soldiers, artistically
modeled, were protected in England as a work of sculpture by Justice
Wright in Britain _v._ Hanks, in 1902. Common law protected until and
statute law after publication, _i. e._ when the public in general is
first permitted to view the work.
{Sidenote: Engraving provisions}
An engraving was protected in Great Britain and Ireland, if first
published (and probably also made) within the British dominions,
provided it bore the proprietor's name and date of publication. Prints,
as by lithography or otherwise, were included with engravings; maps,
charts and plans were, however, included as books under the general
copyright act. Also engravings which are part of a book enjoy the wider
protection of the general copyright act. The sale of the plate of an
engraving probably does not transfer the copyright, unless intention to
do so is clearly evident.
{Sidenote: The new British code}
Public-domain text, read in full here on John Shaqi.
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