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
Canada had, in an act of 1850, availed itself of the foreign reprints
act by imposing a duty "not exceeding 20 per cent" on foreign reprints
of English works, and under this act the Dominion later became "flooded"
with cheap American reprints, while the royalty to British authors,
fixed at 12-1/2 percent, was so inadequately collected that only L1084
was paid in the ten years ending 1876. Canada accordingly passed its
copyright act of 1875, providing for the reprinting of English copyright
works in Canada under Canadian copyright and prohibiting importation of
such works except in the original edition from the United Kingdom, and
this act, although opposed as an invasion of the exclusive control of
their works by British authors, was accepted by the British Parliament
in the Canada copyright act of the same year, with the proviso that
Canadian reprints should be prohibited importation into the United
Kingdom except with assent of the copyright proprietor. It has since
provided in the Fisher act of 1900 for the prohibition of importation of
an original edition of an English work licensed for reprint in Canada,
except two copies for libraries and one copy through demand on the
Canadian licensee by an individual for use and not for sale--a provision
considered _ultra vires_ by English authorities.
{Sidenote: Australian provision}
The Australian code of 1905 prohibits the importation of all pirated
books or artistic works in which copyright is subsisting in Australia,
"whether under this act or otherwise," and provides for the forfeiture
of such works, on condition of written notice by the owner of the
copyright to the Minister, directly or through the Commissioners of
Customs of the United Kingdom, of the existence of the copyright and of
its term. These provisions do not seem to make clear whether original
editions of English works, of which an Australian edition is
copyrighted, are held to be contraband.
{Sidenote: Foreign practice}
The legislation of France and Germany and other countries seems to
provide against importation inferentially rather than specifically,
Russia and Peru being exceptional in their specific prohibitions. But
the treaties and conventions between the several countries are for the
most part specific on this point, as are those of France providing that
"when the author of a work of which the property rights are guaranteed
by the present treaty shall have assigned his right of publication or of
reproduction to a publisher in the territory of either of the high
contracting parties with the reservation that the copies or editions of
this work thus published or reproduced cannot be sold in the other
country, these copies or editions shall be considered and treated,
respectively, in that country as illicit reproductions"; and the
treaties of Germany are especially specific with respect to musical
compositions.
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