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
In Great Britain the copyright act of 1842 (sec. 17) provided that any
printed books, copyright in the United Kingdom, imported "for sale or
hire" as reprinted out of the British dominions otherwise than by "the
proprietor of the copyright or some person authorized by him" should be
forfeited, seized and destroyed by any customs or excise officer, and
the Customs act of 1843, setting forth that "great abuse had prevailed
with respect to introduction for private use," prohibited importation
for use as well as for sale or hire. The international copyright act of
1844 (sec. 10) excepted importations from the country "in which such
books were first published," but this act did not in terms repeal the
provisions of the acts of 1842 and 1843, and in the leading case of Pitt
Pitts _v._ George, in 1896, the Court of Appeal, two judges to one,
decided that this exception was inconsistent with the previous acts and
not good law. In this case an English music publisher who had purchased
British copyright in Raff's "La Fileuse," sued to restrain the
importation of the original German edition. The lower court, relying on
the statute of 1844, refused relief, but the Court of Appeal granted an
injunction, holding, through Judge Lindley, that the complete exclusion
given to the British proprietor by the act of 1842 "is most in
accordance with legal principles and good sense." It was further held
that where the copyright had been divided, the words "the proprietor of
the copyright" indicate the owner of the English rights, and that if he
had to "submit to an unlimited importation of books lawfully printed in
any part of Germany itself," the British copyright "would be absolutely
worthless, and the beneficial object frustrated," and protection by
covenant with the original proprietor is by no means adequate.
{Sidenote: Foreign reprints}
The colonial copyright act of 1847, usually known as the foreign
reprints act, authorized suspension by the Crown of the prohibition of
importation of foreign reprints, in any colony enacting "reasonable
protection to British authors"--which protection, in the twenty colonies
in which the act was availed of, usually took the shape of a stated duty
to be paid as royalty to the British copyright proprietor. The customs
consolidation act of 1876 continued the general prohibition, on
condition of notice by the proprietor of the British copyright to the
Commissioners of Customs.
{Sidenote: Divided market}
Public-domain text, read in full here on John Shaqi.
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