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
An international copyright act, introduced in the first year of the
Victorian reign, had been passed in 1838, to protect foreign books
reprinted in England, but it proved inadequate and was repealed by the
subsequent act of 1844 (7 & 8 Victoria, c. 12), providing more
comprehensively for international copyright, on the basis of
registration and deposit in London. The colonial copyright act of 1847
(10 & 11 Victoria, c. 95) authorized copyright legislation by any
colony, subject to the approval of the Crown, and the suspension for
such colony of the prohibition of foreign reprints, which act is
therefore often cited as the foreign reprints act. An act of 1850
further covered designs and provided for their provisional registration,
and one in 1851 protected exhibits at the international exhibition of
that year in London. A third international copyright act was passed in
1852 (15 & 16 Victoria, c. 12) covering translations and including an
authorization of a special treaty with France. The fine arts copyright
act of 1862 (25 & 26 Victoria, c. 68) extended copyright to paintings,
drawings, and photographs, hitherto unprotected, for life and seven
years. A fourth international copyright act of 1875 (38 & 39 Victoria,
c. 12) protected foreign dramatic works from imitation or adaptation on
the English stage, which had been specifically permitted by the previous
law, and in the same year "The Canada copyright act" (38 & 39 Victoria,
c. 53) gave effect to a Canadian parliament act respecting copyright
reprints.
{Sidenote: The Royal Commission report of 1878}
"The law of England, as to copyright," says the report of the Royal
Copyright Commission, in a blue-book of 1878, "consists partly of the
provisions of fourteen Acts of Parliament, which relate in whole or in
part to different branches of the subject, and partly of common law
principles, nowhere stated in any definite or authoritative way, but
implied in a considerable number of reported cases scattered over the
law reports." The digest, by Sir James Stephen, appended to this report,
is presented by the Commission as "a correct statement of the law as it
stands." This digest is one of the most valuable contributions to the
literature of copyright, but the frequency with which such phrases occur
as "it is probable, but not certain," "it is uncertain," "probably," "it
seems," shows the state of the law, "wholly destitute of any sort of
arrangement, incomplete, often obscure," as says the report itself. The
digest is accompanied, in parallel columns, with alterations suggested
by the Commission, and it is much to be regretted that their work failed
to reach the expected result of an act of Parliament. The evidence taken
by the Commission forms a second blue-book, also of great value.
Public-domain text, read in full here on John Shaqi.
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