A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, / and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions, Orders in Council, Treasury Minute and Acts of Congress Now in Force.

A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, / and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions, Orders in Council, Treasury Minute and Acts of Congress Now in Force.

Author:
Evan James MacGillivray
Author:
Evan James MacGillivray
Format:
epub
language:
English

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Author: MacGillivray, Evan James, 1873-1955
Copyright — United States
Copyright — Great Britain
A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown,
and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions, Orders in Council, Treasury Minute and Acts of Congress Now in Force.
[i]

A TREATISE UPON
THE LAW OF COPYRIGHT


[ii]
[iii]

A TREATISE UPON
THE LAW OF COPYRIGHT
IN THE UNITED KINGDOM AND THE DOMINIONS
OF THE CROWN, AND IN THE UNITED
STATES OF AMERICA

CONTAINING A FULL APPENDIX OF ALL ACTS OF PARLIAMENT
INTERNATIONAL CONVENTIONS, ORDERS IN COUNCIL
TREASURY MINUTE AND ACTS OF CONGRESS
NOW IN FORCE

By E. J. MACGILLIVRAY, LL. B. (Cantab.)
OF THE INNER TEMPLE, BARRISTER-AT-LAW
MEMBER OF THE FACULTY OF ADVOCATES IN SCOTLAND

LONDON
JOHN MURRAY, ALBEMARLE STREET
1902

[iv],
[v]
TO

THOMAS EDWARD SCRUTTON, Esq., K. C.

IN GRATITUDE FOR
MUCH INSTRUCTION AND KINDNESS
[vi]
[vii]


PREFACE

The foundations of this work were laid by my endeavours to understand what is perhaps the most complicated and obscure series of statutes in the statute book. In working from time to time at the Law of Copyright I found great want of a text-book which should be exhaustive of the case law, and at the same time contain a concise and clearly arranged epitome of the statutory provisions. This want I have tried to supply for myself in the present compilation, and it is now published in the hope that it may prove useful to others. The present law is bad both in substance and form, but it is the more essential that those who have anything to do with literary or artistic property should comprehend it in so far as it is comprehensible. There are probably more pitfalls for the unwary in dealing with Copyright than with any other branch of the law.
We have for some time been on the eve of a general codification and amendment of the Law of Copyright. It is, however, an eve of long and indefinite duration. It is now twenty-eight years since the Royal Commission on Copyright was appointed, and still nothing has been done to ameliorate the lamentable condition in which the Commissioners then found the law. Dissensions among those who are interested in Copyright, failure to come to a satisfactory arrangement with the colonies, and want of time at the disposal of the legislature are mainly responsible for this delay. In the meantime it is well that all those who are interested in Copyright should make themselves conversant [viii] with the law as it now is, so that when the time for legislation does at last come the result may be the more satisfactory.
I have added to this work Part II., dealing with Copyright in the United States, and I hope it may prove useful not only to English but to American lawyers and publishers.
I have to acknowledge much assistance in the preparation of this work and many invaluable suggestions from my friends, Mr. Langridge, of the Middle Temple, and Mr. Mackinnon, of the Inner Temple.
E. J. MACGILLIVRAY.
3 Temple Gardens,
June 1902.


[ix]

CONTENTS

PAGE
Table of English, Scotch, Irish, Indian, and Colonial Cases xix
Table of Cases in the United States xxxi
PART I
THE LAW OF COPYRIGHT IN THE UNITED KINGDOM
AND THE DOMINIONS OF THE CROWN
CHAPTER I
INTRODUCTORY 3
CHAPTER II
WHAT BOOKS ARE PROTECTED
Sec. 1. What is an Original Book 10
Definition of a Book 10
Essential Elements of a Book 11
Physical Form 11
Literary Matter 13
Originality 15
Examples of what are Books 16
Sec. 2. Publication 36
Divestitive Publication 37
Investitive Publication 38
First Publication within the British Dominions 40
Sec. 3. Author’s Nationality 42
Sec. 4. Immoral Works 46
Sec. 5. Registration 46
Before Action 46
The Requisite Entry 49
The Actual Title 49
The Time of First Publication 51
The Name and Place of Abode of the Publisher 52
The Name and Place of Abode of the Proprietor 52
Certificate of Registration 53
False Entries 54
Rectification of Register 54[x]
Sec. 6. Delivery of Copies to Libraries 55
Sec. 7. Duration of Protection 56
Sec. 8. Copyright in Lectures 57
CHAPTER III
THE OWNER OF THE COPYRIGHT IN BOOKS
Sec. 1. The Crown 59
Sec. 2. The Universities 61
Sec. 3. The Author 62
Sec. 4. The Employer 66
Under Section 18 66
Scope of Section 67
Under such Employment 68
On Terms that Copyright shall belong to such Proprietor 68
Joint Employers 71
Payment 71
Author’s Separate Rights 72
Employer’s Rights where Section 18 does not apply 73
Sec. 5. The Assignee 74
Before Publication 74
After Publication 77
Partial Assignment 80
Assignment distinguished from Licence 81
Sec. 6. The Licensee 82
Sec. 7. The Executors or Administrators 83
Sec. 8. The Trustee in Bankruptcy 83
CHAPTER IV
INFRINGEMENT OF COPYRIGHT IN BOOKS
Sec. 1. Prohibited Acts, and Remedies 84
Causing to be Printed 85
Damages 86
Account of Profits 86
Injunction 86
Delivery up of Copies 89
Customs Act 91
Every Offence 91
Limitation of Action 91
Pleading 92
Evidence 94
Discovery 94
Mode of Trial 94
Costs 95
Sec. 2. What is a Piratical Copy 96
What is a Copy 97
A Substantial Part must be Taken 97[xi]
No Animus Furandi need be Proved 100
Taking not necessarily for Profit 101
Copying may be Indirect and Unintentional 102
Custom of Trade 102
Fair Use 103
No one can Monopolize a Field of Labour 103
No Infringement to take Facts 104
No Infringement to take the General Scheme of another’s Work 105
Every Author must do his own work 105
Work with a Different Object 109
Extract for purpose of Criticism 111
Improvement or Addition of New Matter no Excuse 112
Dramatization of a Novel 114
Abridgments 114
Translations 116
Licence 118
Abandonment 119
Acquiescence and Delay 119
Provision against the Suppression of Books 119
CHAPTER V
PERFORMING RIGHTS
Sec. 1. Nature of Performing Right 120
Sec. 2. Performing Right at Common Law 121
Sec. 3. What is a Dramatic Work 123
Sec. 4. What Dramatic Works are Protected, and Duration of Protection 126
Sec. 5. What is a Musical Composition 130
Sec. 6. What Musical Works are Protected, and Duration of Protection 130
Sec. 7. Registration of Performing Rights 131
Musical Compositions 133
Sec. 8. Assignment of Performing Rights 134
Sec. 9. Infringement of Dramatic Performing Rights 135
Public Performance 135
Substantial Part 138
Causing to be Represented 139
Knowledge 142
Innocent Agents 142
Licence 142
Sec. 10. Infringement of Musical Performing Rights 142
Substantial Part 142
Public Performance 143
Causing to be Represented 143
Sec. 11. Remedies for Infringement of Dramatic Performing Rights 144
Sec. 12. Remedies for Infringement of Musical Performing Rights 145[xii]
CHAPTER VI
COPYRIGHT IN ENGRAVINGS
Sec. 1. What Works are Protected 146
What is an Original Engraving 146
Originality 147
Maps, Charts, and Plans 148
Engravings in a Book 149
Must the Engraving be made within the British Dominions 150
The Engraving must be First Published within the British Dominions 150
Date of First Publication and Proprietor’s Name 151
Name of Proprietor 151
Immoral Works 152
Duration of Protection 152
Sec. 2. The Owner of the Copyright 152
The Engraver 152
The Employer 153
The Assignee 154
Sec. 3. Infringement of the Copyright 155
Prohibited Acts and Remedies 155
Guilty Knowledge 156
Limitation of Action 156
Costs 156
Copying for Private Use 156
What is a Piratical Copy 156
Licence a Defence 159
CHAPTER VII
COPYRIGHT IN SCULPTURE
Sec. 1. What Works are Protected 161
What is an Original Sculpture 161
The Sculpture must be First Published within the British Dominions 162
Publication 162
Author’s Nationality 162
Proprietor’s Name and Date 162
Proprietor’s Name 163
Date 163
Immoral Works 163
Duration of Protection 163
Sec. 2. The Owner of the Copyright 164
The Artist 164
The Employer 164
The Assignee 164[xiii]
Sec. 3. Infringement of the Copyright 164
Prohibited Acts and Remedies 164
Guilty Knowledge 165
Limitation of Action 165
Copying for Private Use 165
What is a Piratical Copy 165
CHAPTER VIII
COPYRIGHT IN PAINTINGS, DRAWINGS, AND PHOTOGRAPHS
Sec. 1. What Works are Protected 167
Every Original Painting, Drawing, and Photograph 167
Originality 167
Artistic Merit 168
Publication Outside the British Dominions 168
Published 169
Nationality or Residence of Artist 170
Registration 171
The Requisite Entry 171
Name 173
Place of Abode 173
Short Description 173
Immoral W 174
Duration of Protection 174
Sec. 2. The Owner of the Copyright 174
The “Author” 174
The Employer 175
The Assignee 176
Sec.

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A Treatise Upon the Law of Copyright in the United Kingdom and the Dominions of the Crown, / and in the United States of America Containing a Full Appendix of All Acts of Parliament International Conventions, Orders in Council, Treasury Minute and Acts of Congress Now in Force.
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