Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
General
Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
Patents
In 1867 the “dominion of Canada” was created by the Imperial
Act of that year, which united all Her Majesty’s North
American Colonies. It was then found that printing had become
much cheaper in Canada than it was in the United States; and
amongst the earliest Acts of the first session of the Canadian
Parliament two statutes were passed—one, “An Act respecting
Copyrights;” and the other, “An Act to impose a Duty upon
Foreign Reprints of British Copyright Works.” Under the first
of these Acts, no work of “any person resident in Great Britain
or Ireland” is to be entitled to the protection of that Act
unless “the same _shall be printed and published in Canada_.”
And under the second of the above Acts it is sought to keep
alive the injustice of allowing “_foreign reprints_” to be
imported into Canada as a basis for that resolution of the
Canadian Parliament to which we have called attention.
Such are the facts which preceded the Canadian
“Correspondence.” It commences with the resolution which, in
effect, advocates “the _justice and expediency_” of enabling
Her Majesty’s Canadian subjects at their discretion (and
without the permission of the owners) to confiscate the
property of authors of British Copyright works upon the terms
of the publisher paying such authors a royalty of 12½ per
cent. upon the price of the Canadian reprints, that being
about _one-tenth_ of the publication price of the work in
England! It appears the “justice and expediency” of adopting
this Canadian resolution has been pressed very strongly upon
the authorities at the Colonial-office, and likewise at the
Board of Trade, by the Hon. J. Rose, the Canadian “Minister
of Finance.” He frankly admits that the policy of the Act of
1847 (so far as respects the protection of British authors)
has long been an utter failure; that the amount of duties
received for their benefit “is a mere trifle;” and that “it is
next to impracticable to enforce the law.” These statements
are confirmed by a letter, dated June 11, 1868, from Mr. John
Lovell (a Montreal publisher) to Mr. Rose, and which appears
in the Correspondence. Mr. Lovell says: “At present only a
few hundred copies pay duty, and many thousands pass into the
country without registration, and pay nothing at all; thus
having the effect of seriously injuring the publishers of
Great Britain, to the consequent advantage of those of the
United States. I may add that, on looking over the Custom-house
entries to-day, I have found that not a single entry of an
American reprint of an English Copyright (except the Reviews
and one or two magazines) has been made since the third day of
April last, though it is notorious that an edition of 1,000
of a popular work, coming under that description, has been
Public-domain text, read in full here on John Shaqi.
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