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chapter forty

-five, shall apply to all such books in the same manner as if they had been reprinted out of the British dominions.

[Sidenote: Order in Council of 7th July 1868 to continue in force subject to this Act.]

V. The said Order in Council, dated the seventh day of July one thousand eight hundred and sixty-eight, shall continue in force so far as relates to books which are not entitled to copyright for the time being, in pursuance of the said reserved Bill.

THE CUSTOMS LAWS CONSOLIDATION ACT, 1876.

39 & 40 VICT. C. 36.

XLII. The goods enumerated and described in the following table of prohibitions and restrictions inwards are hereby prohibited to be imported or brought into the United Kingdom, save as thereby excepted, and if any goods so enumerated and described shall be imported or brought into the United Kingdom contrary to the prohibitions or restrictions contained therein, such goods shall be forfeited, and may be destroyed or otherwise disposed of as the Commissioners of Customs may direct.

A TABLE OF PROHIBITIONS AND RESTRICTIONS INWARDS.

_Goods prohibited to be imported._--Books wherein the Copyright shall be first subsisting, first composed or written or printed in the United Kingdom, and printed or reprinted in any other Country as to which the proprietor of such Copyright or his agent shall have given to the Commissioners of Customs a notice in writing, duly declared, that such Copyright subsists, such notice also stating when such Copyright will expire.[1767]

XLIV. The Commissioners of Customs shall cause to be made and to be publicly exposed at the Custom Houses in the several ports in the United Kingdom lists of all books wherein the Copyright shall be subsisting, and as to which the proprietor of such Copyright, or his agent, shall have given notice in writing to the said Commissioners that such Copyright exists, stating in such notice when such Copyright expires, accompanied by a declaration made and subscribed before a collector of Customs or a justice of the peace that the contents of such notice are true.

XLV. If any person shall have cause to complain of the insertion of any book in such lists, it shall be lawful for any judge at chambers, on the application of the person so complaining, to issue a summons calling upon the person upon whose notice such book shall have been so inserted to appear before any such judge at a time to be appointed in such summons, to show cause why such book shall not be expunged from such lists, and any such judge shall at the time so appointed proceed to hear and determine upon the matter of such summons and make his order thereon in writing; and upon service of such order or a certified copy thereof, upon the Commissioners of Customs or their secretary for the time being, the said Commissioners shall expunge such book from the list, or retain the same therein according to the tenor of such order; and in case such book shall be expunged from such list, the importation thereof shall not be deemed to be prohibited. If at the time appointed in any such summons the person so summoned shall not appear before such judge, then upon proof by affidavit that such summons or a true copy thereof has been personally served upon the person so summoned, or sent to him by post to or left at his last known place of abode or business, any such judge may proceed _ex parte_ to hear and determine the matter; but if either party be dissatisfied with such order he may apply to a superior Court to review such decision and to make such further order thereon as the Court may see fit: Provided always that nothing herein contained shall affect any proceeding at law or in equity which any party aggrieved by reason of the insertion of any book pursuant to any such notice, or the removal of any book from such list pursuant to any such order or by reason of any false declaration under this Act, might or would otherwise have against any party giving such notice or obtaining such order or making such false declaration.

CLII. Any books wherein the copyright shall be subsisting, first composed or written or printed in the United Kingdom, and printed or reprinted in any other country, shall be and are hereby absolutely prohibited to be imported into the British possessions abroad: Provided always that no such books shall be prohibited to be imported as aforesaid, unless the proprietor of such copyright, or his agent, shall have given notice in writing to the Commissioners of Customs that such copyright subsists, and in such notice shall have stated when the copyright will expire: and the said Commissioners shall cause to be made and transmitted to the several ports in the British possessions abroad, from time to time to be publicly exposed there, lists of books respecting which such notice shall have been duly given, and all books imported contrary thereto shall be forfeited: but nothing herein contained shall be taken to prevent Her Majesty from exercising the powers vested in her by 10 & 11 Vict. c. 95 to suspend in certain cases such prohibition.

THE COPYRIGHT (MUSICAL COMPOSITIONS) ACT, 1882.

45 & 46 VICT. C. 40.

An Act to amend the law of Copyright relating to Musical Compositions.

[10th August 1882.]

_Whereas it is expedient to amend the law relating to copyright in musical compositions, and to protect the public from vexatious proceedings for the recovery of penalties for the unauthorised performance of the same._[1768]

Be it therefore enacted as follows:

[Sidenote: Printed notice restraining public performance.]

I.[1769] The proprietor of the copyright in any musical composition first published after the passing of this Act, or his assignee, who shall be entitled to and be desirous of retaining in his own hands exclusively the right of public representation or performance of the same, shall print or cause to be printed upon the title-page of every published copy of such musical composition a notice to the effect that the right of public representation or performance is reserved.

[Sidenote: Provision when right of performance and copyright are vested in different owners.]

II. In case the right of public representation or performance of, and the copyright in, any musical composition shall be or become vested before publication of any copy thereof in different owners, then, if the owner of the right of public representation or performance shall desire to retain the same, he shall, before any such publication of any copy of such musical composition, give to the owner of the copyright therein notice in writing requiring him to print upon every copy of such musical composition a notice to the effect that the right of public representation or performance is reserved; but in case the right of public representation or performance of, and the copyright in, any musical composition shall, after publication of any copy thereof subsequently to the passing of this Act, first become vested in different owners, and such notice as aforesaid shall have been duly printed on all copies published after the passing of this Act previously to such vesting, then, if the owner of the right of performance and representation shall desire to retain the same, he shall, before the publication of any further copies of such musical composition, give notice in writing to the person in whom the copyright shall be then vested, requiring him to print such notice as aforesaid on every copy of such musical composition to be thereafter published.

[Sidenote: Penalty on owner of copyright for non-compliance with notice from owner of right of performance.]

III. If the owner for the time being of the copyright in any musical composition shall, after due notice being given to him or his predecessor in title at the time, and generally in accordance with the last preceding section, neglect or fail to print legibly and conspicuously upon every copy of such composition published by him or by his authority, or by any person lawfully entitled to publish the same, and claiming through or under him, a note or memorandum stating that the right of public representation or performance is reserved, then and in such case the owner of the copyright at the time of the happening of such neglect or default, shall forfeit and pay to the owner of the right of public representation or performance of such composition the sum of twenty pounds, to be recovered in any court of competent jurisdiction.

[Sidenote: Costs.]

[Sidenote: 3 & 4 Will. 4 c. 15.]

IV. _Notwithstanding the provisions of the Act passed in the third and fourth years of His Majesty King William the Fourth, to amend the laws relating to dramatic literary property, or any other Act in which those provisions are incorporated, the costs of any action or proceedings for penalties or damages in respect of the unauthorised representation or performance of any musical composition published before the passing of this Act shall, in cases in which the plaintiff shall not recover more than forty shillings as penalty or damages, be in the discretion of the court or judge before whom such action or proceedings shall be tried._[1770]

[Sidenote: Short title.]

V. This Act may be cited as the Copyright (Musical Compositions) Act, 1882.

THE INTERNATIONAL COPYRIGHT ACT, 1886.

49 & 50 VICT. C. 33.

An Act to amend the Law respecting International and Colonial Copyright.

[25th June 1886.]

_Whereas by the International Copyright Acts Her Majesty is authorised by Order in Council to direct that as regards literary and artistic works first published in a foreign country the author shall have copyright therein during the period specified in the order, not exceeding the period during which authors of the like works first published in the United Kingdom have copyright_:

_And whereas at an international conference held at Berne in the month of September one thousand eight hundred and eighty-five a draft of a convention was agreed to for giving to authors of literary and artistic works first published in one of the countries parties to the convention copyright in such works throughout the other countries

## parties to the convention_:

_And whereas, without the authority of Parliament, such convention cannot be carried into effect in Her Majesty's dominions and consequently Her Majesty cannot become a party thereto, and it is expedient to enable Her Majesty to accede to the convention_:[1771]

Be it therefore enacted as follows:

[Sidenote: Short titles and construction.]

I.--(1.) This Act may be cited as the International Copyright Act, 1886.

(2.) The Acts specified in the first part of the First Schedule to this Act, together with the enactment specified in the second part of the said schedule, are in this Act collectively referred to as the International Copyright Acts.

The Acts specified in the Second Schedule to this Act may be cited by the short titles in that schedule mentioned, and those Acts are in this Act referred to, and may be cited collectively as the Copyright Acts.

(3.) This Act and the International Copyright Acts shall be construed together, and may be cited together as the International Copyright Acts, 1844 to 1886.

[Sidenote: Amendment as to extent and effect of order under International Copyright Acts.]

II. The following provisions shall apply to an Order in Council under the International Copyright Acts:

(1.) The order may extend to all the several foreign countries named or described therein: (2.) The order may exclude or limit the rights conferred by the International Copyright Acts in the case of authors who are not subjects or citizens of the foreign countries named or described in that or any other order, and if the order contains such limitation and the author of a literary or artistic work first produced in one of those foreign countries is not a British subject, nor a subject or citizen of any of the foreign countries so named or described, the publisher of such work, unless the order otherwise provides, shall for the purpose of any legal proceedings in the United Kingdom for protecting any copyright in such work be deemed to be entitled to such copyright as if he were the author, but this enactment shall not prejudice the rights of such author and publisher as between themselves: (3.) The International Copyright Acts and an order made thereunder shall not confer on any person any greater right or longer term of copyright in any work than that enjoyed in the foreign country in which such work was first produced.

[Sidenote: Simultaneous publication.]

III.--(1.) An Order in Council under the International Copyright Acts may provide for determining the country in which a literary or artistic work first produced simultaneously in two or more countries, is to be deemed, for the purpose of copyright, to have been first produced, and for the purposes of this section "country" means the United Kingdom and a country to which an order under the said Acts applies.

(2.) Where a work produced simultaneously in the United Kingdom, and in some foreign country or countries is by virtue of an Order in Council under the International Copyright Acts deemed for the purpose of copyright to be first produced in one of the said foreign countries, and not in the United Kingdom, the copyright in the United Kingdom shall be such only as exists by virtue of production in the said foreign country, and shall not be such as would have been acquired if the work had been first produced in the United Kingdom.

[Sidenote: Modification of certain provisions of International Copyright Acts.]

IV.--(1.) Where an order respecting any foreign country is made under the International Copyright Acts the provisions of those Acts with respect to the registry and delivery of copies of works shall not apply to works produced in such country except so far as provided by the order.

(2.) Before making an Order in Council under the International Copyright Acts in respect of any foreign country, Her Majesty in Council shall be satisfied that that foreign country has made such provisions (if any) as it appears to Her Majesty expedient to require for the protection of authors of works first produced in the United Kingdom.

[Sidenote: Restriction on translation.]

V.--(1.) Where a work being a book or dramatic piece is first produced in a foreign country to which an Order in Council under the International Copyright Acts applies, the author or publisher, as the case may be, shall, unless otherwise directed by the order, have the same right of preventing the production in and importation into the United Kingdom of any translation not authorised by him of the said work as he has of preventing the production and importation of the original work.

(2.) Provided that if after the expiration of ten years, or any other term prescribed by the order, next after the end of the year in which the work, or in the case of a book published in numbers each number of the book, was first produced, an authorised translation in the English language of such work or number has not been produced, the said right to prevent the production in and importation into the United Kingdom of an unauthorised translation of such work shall cease.

(3.) The law relating to copyright, including this Act, shall apply to a lawfully produced translation of a work in like manner as if it were an original work.

(4.) Such of the provisions of the International Copyright Act, 1852, relating to translations as are unrepealed by this Act, shall apply in like manner as if they were re-enacted in this section.

[Sidenote: Application of Act to existing works.]

VI.[1772] Where an Order in Council is made under the International Copyright Acts with respect to any foreign country, the author and publisher of any literary or artistic work first produced before the date at which such order comes into operation shall be entitled to the same rights and remedies as if the said Acts and this Act and the said order had applied to the said foreign country at the date of the said production: Provided that where any person has before the date of the publication of an Order in Council lawfully produced any work in the United Kingdom, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such production which are subsisting and valuable at the said date.

[Sidenote: Evidence of foreign copyright.]

VII. Where it is necessary to prove the existence or proprietorship of the copyright of any work first produced in a foreign country to which an Order in Council under the International Copyright Acts applies, an extract from a register, or a certificate, or other document stating the existence of the copyright, or the person who is the proprietor of such copyright, or is for the purpose of any legal proceedings in the United Kingdom deemed to be entitled to such copyright, if authenticated by the official seal of a Minister of State of the said foreign country, or by the official seal or the signature of a British diplomatic or consular officer acting in such country, shall be admissible as evidence of the facts named therein, and all courts shall take judicial notice of every such official seal and signature as is in this section mentioned, and shall admit in evidence, without proof, the documents authenticated by it.

[Sidenote: Application of Copyright Acts to colonies.]

VIII.--(1.) The Copyright Acts shall, subject to the provisions of this Act, apply to a literary or artistic work first produced in a British possession in like manner as they apply to a work first produced in the United Kingdom:[1773]

Provided that--

(_a_) the enactments respecting the registry of the copyright in such work shall not apply if the law of such possession provides for the registration of such copyright; and (_b_) where such work is a book the delivery to any persons or body of persons of a copy of any such work shall not be required.

(2.) Where a register of copyright in books is kept under the authority of the government of a British possession, an extract from that register purporting to be certified as a true copy by the officer keeping it, and authenticated by the public seal of the British possession, or by the official seal or the signature of the governor of a British possession, or of a colonial secretary, or of some secretary or minister administering a department of the government of a British possession, shall be admissible in evidence of the contents of that register, and all courts shall take judicial notice of every such seal and signature, and shall admit in evidence, without further proof, all documents authenticated by it.

(3.) Where before the passing of this Act an Act or ordinance has been passed in any British possession respecting copyright in any literary or artistic works, Her Majesty in Council may make an Order modifying the Copyright Acts and this Act, so far as they apply to such British possession, and to literary and artistic works first produced therein, in such manner as to Her Majesty in Council seems expedient.

(4.) Nothing in the Copyright Acts or this Act shall prevent the passing in a British possession of any Act or ordinance respecting the copyright within the limits of such possession of works first produced in that possession.[1774]

[Sidenote: Application of International Copyright Acts to colonies.]

IX. Where it appears to Her Majesty expedient that an Order in Council under the International Copyright Acts made after the passing of this Act as respects any foreign country, should not apply to any British possession, it shall be lawful for Her Majesty by the same or any other Order in Council to declare that such Order and the International Copyright Acts and this Act shall not, and the same shall not, apply to such British possession, except so far as is necessary for preventing any prejudice to any rights acquired previously to the date of such Order; and the expressions in the said Acts relating to Her Majesty's dominions shall be construed accordingly; but save as provided by such declaration the said Acts and this Act shall apply to every British possession as if it were part of the United Kingdom.

[Sidenote: Making of Orders in Council.]

X.--(1.) It shall be lawful for Her Majesty from time to time to make Orders in Council for the purposes of the International Copyright Acts and this Act, for revoking or altering any Order in Council previously made in pursuance of the said Acts, or any of them.

(2.) Any such Order in Council shall not affect prejudicially any rights acquired or accrued at the date of such Order coming into operation, and shall provide for the protection of such rights.

[Sidenote: Definitions.]

XI. In this Act, unless the context otherwise requires--

The expression "literary and artistic work" means every book, print, lithograph, article of sculpture, dramatic piece, musical composition, painting, drawing, photograph, and other work of literature and art to which the Copyright Acts or the International Copyright Acts, as the case requires, extend.

The expression "author" means the author, inventor, designer, engraver, or maker of any literary or artistic work, and includes any person claiming through the author; and in the case of a posthumous work means the proprietor of the manuscript of such work and any person claiming through him; and in the case of an encyclopædia, review, magazine, periodical work, or work published in a series of books or parts, includes the proprietor, projector, publisher, or conductor.

The expressions "performed" and "performance" and similar words include representation and similar words.

The expression "produced" means, as the case requires, published or made, or, performed or represented, and the expression "production" is to be construed accordingly.

The expression "book published in numbers" includes any review, magazine, periodical work, work published in a series of books or parts, transactions of a society or body, and other books of which different volumes or parts are published at different times.

The expression "treaty" includes any convention or arrangement.

The expression "British possession" includes any part of Her Majesty's dominions exclusive of the United Kingdom; and where parts of such dominions are under both a central and a local legislature, all parts under one central legislature are for the purposes of this definition deemed to be one British possession.

[Sidenote: Repeal of Acts.]

XII. _The Acts specified in the Third Schedule to this Act are hereby repealed as from the passing of this Act to the extent in the third column of that schedule mentioned_:

_Provided as follows_:[1775]

(_a._) Where an Order in Council has been made before the passing of this Act under the said Acts as respects any foreign country the enactments hereby repealed shall continue in full force as respects that country until the said Order is revoked. (_b._) _The said repeal and revocation shall not prejudice any rights acquired previously to such repeal or revocation, and such rights shall continue and may be enforced in like manner as if the said repeal or revocation had not been enacted or made._

SCHEDULES.

FIRST SCHEDULE.--INTERNATIONAL COPYRIGHT ACTS.

## PART I.

## PART II.

--------------------+--------------------------------+---------------- Session and Chapter.| Title. | Enactment | | referred to. --------------------+--------------------------------+---------------- | | 25 & 26 Vict. c. 68.|An Act for amending the law |Section twelve. | relating to copyright in works| | of the fine arts, and for | | repressing the commission of | | fraud in the production and | | sale of such works. | --------------------+--------------------------------+----------------

SECOND SCHEDULE.--COPYRIGHT ACTS.

--------------------+--------------------------------+---------------- Session and Chapter.| Title. | Short Title. --------------------+--------------------------------+---------------- | | 8 Geo. 2, c. 13. |An Act for the encouragement of |The Engraving | the arts of designing, | Copyright Act, | engraving, and etching, | 1734. | historical, and other prints by| | vesting the properties thereof | | in the inventors and engravers | | during the time therein | | mentioned. | | | 7 Geo. 3, c. 38. |An Act to amend and render more |The Engraving | effectual an Act made in the | Copyright Act, | eighth year of the reign of | 1766. | King George the Second, for | | encouragement of the arts of | | designing, engraving, and | | etching, historical and other | | prints, and for vesting in and | | securing to Jane Hogarth, | | widow, the property in certain | | prints. | | | 15 Geo. 3, c. 53. |An Act for enabling the two |The Copyright | Universities in England, the | Act, 1775. | four Universities in Scotland, | | and the several Colleges of | | Eton, Westminster, and | | Winchester, to hold in | | perpetuity their copyright in | | books given or bequeathed to | | the said universities and | | colleges for the advancement of| | useful learning and other | | purposes of education; and for | | amending so much of an Act of | | the eighth year of the reign of| | Queen Anne, as relates to the | | delivery of books to the | | warehouse keeper of the | | Stationers' Company for the use| | of the several libraries | | therein mentioned. | --------------------+--------------------------------+----------------

SECOND SCHEDULE.--COPYRIGHT ACTS.--(_Continued_).

--------------------+--------------------------------+---------------- Session and Chapter.| Title. | Short Title. --------------------+--------------------------------+---------------- | | 17 Geo. 3, c. 57. |An Act for more effectually |The Prints | securing the property of | Copyright Act, | prints to inventors and | 1777. | engravers by enabling them to | | sue for and recover penalties | | in certain cases. | | | 54 Geo. 3, c. 56. |An Act to amend and render more |The Sculpture | effectual an Act of His present| Copyright Act, | Majesty for encouraging the art| 1814. | of making new models and casts | | of busts and other things | | therein mentioned, and for | | giving further encouragement to| | such arts. | | | 3 Will. 4, c. 15. |An Act to amend the laws |The Dramatic | relating to Dramatic Literary | Copyright Act, | Property. | 1833. | | 5 & 6 Will. 4, |An Act for preventing the |The Lectures c. 65. | publication of Lectures without| Copyright Act, | consent. | 1835. | | 6 & 7 Will. 4, |An Act to extend the protection |The Prints and c. 69. | of copyright in prints and | Engravings | engravings to Ireland. | Copyright Act, | | 1836. | | 6 & 7 Will. 4, |An Act to repeal so much of an |The Copyright c. 110. | Act of the fifty-fourth year of| Act, 1836. | King George the Third, | | respecting copyrights, as | | requires the delivery of a copy| | of every published book to the | | libraries of Sion College, the | | four Universities of Scotland, | | and of the King's Inns in | | Dublin. | | | 5 & 6 Vict. c. 45. |An Act to amend the law of |The Copyright | copyright. | Act, 1842. | | 10 & 11 Vict. c. 95.|An Act to amend the law relating|The Colonial | to the protection in the | Copyright Act, | Colonies of works entitled to | 1847. | copyright in the United | | Kingdom. | | | 25 & 26 Vict. c. 68.|An Act for amending the law |The Fine Arts | relating to copyright in works| Copyright Act, | of the fine arts, and for | 1862. | repressing the commission of | | fraud in the production and | | sale of such works. | --------------------+--------------------------------+----------------

THIRD SCHEDULE.--ACTS REPEALED.

THE COPYRIGHT (MUSICAL COMPOSITIONS) ACT, 1888.

51 & 52 VICT. C. 17.

An Act to amend the Law relating to the Recovery of Penalties for the unauthorised Performance of Copyright Musical Compositions.

[5th July 1888.]

Whereas it is expedient to further amend the law relating to copyright in musical compositions, and to further protect the public from vexatious proceedings for the recovery of penalties for the unauthorised performance of the same:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

[Sidenote: Provision as to damages.]

I. Notwithstanding the provisions of the Act of the session held in the third and fourth years of His Majesty King William the Fourth,