The Copyright Question: A Letter to the Toronto Board of TradeMorang, George N. (George Nathaniel)
History
The Copyright Question: A Letter to the Toronto Board of Trade
Morang, George N. (George Nathaniel)
Copyright -- Canada; Copyright, International
Now let us see how an American author, who does not copyright in England
but seeks to publish simultaneously in Canada and the United States, would
be treated in this country, were he to seek to copyright his book in
compliance with the provisions of our Canadian Act, an essential
requirement of which is printing in this country.
In 1875, the Canadian Parliament passed an Act giving copyright for
twenty-eight years from the date of recording, to any author of a book
domiciled in Canada or in any part of the British dominions _or being the
citizen of any country having an International Copyright Treaty with the
United Kingdom_. To secure such copyright the Act provides that the book
must be printed and published, or reprinted and republished in Canada,
_whether so published for the first time or contemporaneously with or
subsequently to the publication elsewhere_. This Act was reserved by the
Governor General. In the same year an Imperial Statute was passed
empowering Her Majesty in Council to assent to the reserved Act. On the
26th of October, 1875, the Royal assent was given to take effect from the
11th of December following. Just as United States Copyright Legislation
requires production in that country so the Canadian Act of 1875 provides,
as pointed out above, that to obtain Canadian copyright for a literary
work it must be produced in Canada.
The Canadian authorities have steadily declined to permit the registration
of copyright under the Canadian Copyright Act to citizens of the United
States, the ground of objection being, that the enactment of the Congress
of the United States and the President's proclamation of July 1st, 1891,
extending the benefits of the Chace Bill to all British subjects, did not
constitute "an International Copyright Treaty" within the meaning of the
Canadian Copyright Act, which provides, as pointed out above, that _any
person domiciled in Canada or any part of the British possessions, or
being a citizen of any country having an International Copyright Treaty
with the United Kingdom_, who is an author of any book, etc., shall have
the sole right of printing, publishing, etc., for a number of years on
certain conditions. This is a narrow construction of the Canadian Act, and
savours somewhat of smartness and sharp practice. I believe it is not a
fair construction and is certainly not in accord with the spirit and
manifest intention of the Act. I am not alone in entertaining this opinion
which still remains to be tested.
In February, 1897, the United States Government proposed the negotiation
of a Copyright Convention which would expressly meet this allegation of
the Canadian Government. This proposal the Canadian Government declined to
entertain.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account