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
Thus the British copyright and customs law recognizes the subdivision of
copyright territory for the exclusive control of a market, and excludes
accordingly foreign reprints whether piratical copies or authorized
foreign editions like the Tauchnitz series, and the original foreign
edition as well. In theory, if not in practice, a Tauchnitz copy in the
pocket of a traveler is subject to seizure, and written authority from
the copyright proprietor is technically necessary for the importation of
a single copy, apparently without exception in favor of the British
Government or the libraries.
{Sidenote: The new British code}
The new British measure continues these provisions as embodied in the
customs consolidation act of 1876 and the revenue act of 1889 and in the
text of the new act. Copyright is infringed by any person who "imports
for sale or hire any work ... which to his knowledge infringes
copyright." Importation is prohibited of copies made out of the United
Kingdom, which if made therein would infringe copyright and as to which
the owner of the copyright gives written notice to the Commissioners of
Customs in accordance with regulations by the Commissioners, which
regulations may apply to all works or to different classes. The Isle of
Man is specifically excepted from the United Kingdom in respect to this
section. But the section is made applicable with the necessary
modifications to any included British possession in respect to copies
made out of that possession. The text of the new measure, retaining the
phrase "for sale or hire" from the act of 1842 and reaffirming the
customs act of 1876, which makes no such exception, continues an
unfortunate ambiguity as to the importation of copies for private use,
but precedent and court decisions favor the complete control of the
market by the copyright proprietor through the complete exclusion of
foreign copies.
{Sidenote: Canadian practice}
Public-domain text, read in full here on John Shaqi.
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