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1^
LETTRR FROM SIR JOHN THOMPSOIT TO LORD
KNUTSFORD.
lA
Westminster Palace Hotel,
London, S. W., July 14tb, 1890^
My Lord, — In the report which I had the honour to make
to His Excellency the Governor Geuei.il of Canada in Council
ou the subjoot of copyright in Canada, dated the 3rd August,
1889, and which was approved by His Excellency and trans-
mitted to Your Lordship, it was asked that His Excellency's
Government might be allowed to discuss the questions dealt
wiuii in that report at iurther length, and in further detail, if
necessary, as they involved grave questions of great conse-
quence to Canada, not only with respect to copyright, but in
relation to the powers of the Parliament of the Dominion.
Having had the privilege to-day of carrying on that dis-
cussion, to some extent, with Your Lordship, I avail myself
of the permission accorded me at our interview to place in
writing before you some of the arguments which I am instructed
by the Government of Canada to advance, in amplification of
my I'eport above mentioned.
In Your Lordship's despatch of the 25th of March, 1890, in
reply to the observation in that report, you called the atten-
tion of the Government of Canada to some provisions of the
Copyright Act of Canada of 1889, to which you stated that
special objection was felt by the nroprietors of copyright in
Great Britain. One of these was i..e limit of tinio [one month],
allowed fur the British author or publisher to republish in
Canada, after publication in Great Britain. You.- Lordship
had been assured that in a great laajority of cases it would be
impracticable, within the period of (ino month, to make the
necessary arrangements for rcpublii'atiun in Canada, and
expressed the hope that upon further ((insideration it might
be recognized that the time proposed waB insufficient. Upon
this point, as well as to v)ther details of the Act, it is unne-
cessary to trouble Your Lordship with any argument at the
present moment. The questions to be settled firnt, and to
which I underotand Your Jjordship to wish that I shall address
myst^lf, relate to the principle of tlie Act and to the power of
the Government of Canada to pass it. Any details which are
felt to be unfair or inadequate, in view of all the interests
involved, will, 1 am sure, be reconsidered by the Parliament of
Canada.
At tlu same time, I may observe that it is contended on the
part of those who are interested in the publishing business m
Canada, tliat the time referred to is not u.-reasonabiy short,
and that the holder of copyright in the United Kingdom can
easily make arrangements for simultaneous production in the
two countricH, so as to have republication nnide in Canada
within the time specitied in the Act. The time for republica-
tion must necessarily be of short duration, because during that
period the importation of foreign reprints of the work,
as the republication in Canada by other than the copyright
holder in Great Britain is prevented, pending the exercise of
the option by him as to whether he will avail himself of the
Canadian copyright law or not.
On this, and on all other matters of detail, any suggestions
which Your Lordship may think proper to make will, I am
sure, receive the earnest and respectful attention of the Cana-
dian Government.
Your Lordship's despatch refers His Excellency's Govern-
ment, for some particulars of the objections which had been
pressed on you, to a letter dated " Aldine House, Belvedere,
Kent, Feb. 20th, 1890," supposed to have been addressed to
me, signed by Mr. F. R. Daldy, Hon. S(;cretary of the Copy-
right Association, but I have been unable to gather much
information from that letter as to the objections which are
entertained in Enuiand with regard to the Canadian Act of
1889. Mr. Daldy, and the association which he represents,
are hostile to any measure by which the right of any colony
to self-government on this subject may be asserted or conceded,
and his letter suggests an entire abandonment of the legisla-
tion of 1889, and the adoption of further measures to carry out
more strictly the existing law, which is so unsatisfactory in
Canada. 1 may mention here, in case the fact should be of
any importance, that I know Mr. Daldy's letter only by the
copy appended to Your Lordship's despatch. If Mr. Daldy
has ever sent such a letter, it has never reached me.
Coming now to a statement more in detail, than could be
made at our interview, of the views which prevail in ('anada
on this subject, I am charged by the Canadian Government to
express to Your Lordship, in the strongest terms which can
be used with respect, the dissatisfaction of the Canadian
Goveniment and Parliament with the present state of the Law
of Copyright as applicable to Canada, and to request most
earnestly from Her Majesty's Government that they will apply
a remedy, either by giving approval to a rroclamation to
bring the Canadian Act of 1889 into force, or by promoting
legislation in the Parliament of Great Britain to remove any
doubt which may exist as to the power of the I'arliament of
Canada to deal with this question fully and effectually.
Your Lordship is av.-arc that the Statute of 1842 (5 and C
Victoria, chap. 45) is the Imperial Statute by which copyright
in Great Britain is extended to all the colonies and dependen-
cies of tlie Empire.
Any principles of common law by which authors and pub-
lishers might have claimed copyright were superseded by that
Act, and copyright was given to any person who should pub-
lish a literary work in the United Kingdom, if ho should be
a subject of Her Majesty, or a resident of any part of Her
Majesty's dominions.
I need not remind Your Lordship that the operation of that
Act was immediately atti'iided with great hardship and incon-
venience in the North American colonics.
f
8
The Legislature of thi> Province of Canada, in the year 1843,
panseii a series of resolutions expressing a strong remonstrance,
and nearly all tlia other legislatures in North America fol-
lowed.
The Legislature of Nova Scotia, in 1845, memorialized Her
Majesty for a modifieation of the Act. They stated tliat the
high price of English books, and the monopoly of London
publishers, which were felt to be serious grievances in the
United Kingdom, but mitigated there by the periodical sales
by some of the publishers and by t!ie wide establishment of
circulating libraries, clubs and readii\g societies, were inten-
sified in the colony, where the inii>ortation of English editions
of new books was confined to a few copies for the use of
libraries and wealthy individuals, that the readers of the
colony were usually supplied by Americaii reprints of English
books, and that any law of copyright to prevent the import-
ation of such reprints could not be enforced and would be
ineffectual even to extend the sale of English copies beyond
the previously existing demand.
The Legislature of Nova Scotia at that time pressed upon
Her Majesty's Government, not only a consideration of the
general advantages of literature upon the minds of tlie people,
but the evil tendency of the literature of a foreign, and often
hostile, country, like the United States, in forming the political
opinions and the tastes of the people in the provinces.
On the 'llth November, 1845, Lord Stanley, Her Majesty's
I'rincipal Secretary for the Colonies, replied to this memorial
from Nova Scotia, intimatuig that the attention of Her Ma-
jesty's Government was being directed to the state of the copy-
right law, in order to discover if there were any particulars in
which the law might be so amended, as to atlbrd any relief to
the colonies, " without promising that I'ariiament would be
" recommended to alter its determination to aftbrd protection
" to the authors and publishers of Great Britain of their right
" of property in their own productions."
On the 13th March, 184G, the Legislature of Nova Scotia
again adopted a report which was transmitted to the Rt.
Honourable Secretary of State for the Colonies.
That report stated that attention had been given by the
Committee to the despatch of Lord Stanley, dated the 27th
November, 1845, and that they were convinced " that the prac-
tical etfccts of the Copyright Act were to dei)rive the people
of the colonies of literature, whose means rendered them
unable to purchase costly books issued from English publish-
ing houses, to diminish the revenue and to encourage smug-
gling, without producing any corresponding benefit to the
author."
These remonstrances drew from the Rt. Honourable Mr.
Gladstone, the Secretary of State for the Colonies, a represen-
tation to the publishing trade in England that "they must be
induced to moility any exclusive view which might still pre-
vail with regard to this important subject."
i«
At length, on the 19th October, 1846, Sir StatFord H.
Northcote, by direction of the Lorda of the Privy Oouucil for
Trade, reviewing the contentions, which had been thus pressed
upon the Home Government by the legislatures of the colo-
nies, made the following recommendation to the Colonial
Office :
" Under these circumstances, my Lords see no course so likely
to be successful as that of inviting the Colonial Legislatures
tliemselves to undertake the task of framing such regulations
as they may deem proper for securing at oiice the rights of
authors and the interests of the public. My Lords feel confi-
dent that they may rely upon the colonies being animated by
a sense of justice whicii will lead them to co-operate with this
country in endeavouring to protect the p.utlior from the fraud-
ulent appropriation of the fruits of labours upon which ho is
often entirely dependent, while they entertain a sanguine hope
that methods may thus be discovered of accomplishing this
important object with the least possible inconvenience to the
community.
"I am accordingly directed to request that you will suggest,
for Lord Grey's consideration, whether it might not be desir-
able to obtain from Parliament an Act authorizing the Queen
in Council to confirm, and finally enact, any colonial law or
ordinance respecting copyright, notwithstanding any repug-
nancy of any such law or ordinance to the copyright law of
this country, it being provided by the propo.',ed Act of Par-
liament that no such colonial law or ordinance should be of
any force or effect imtil so confirmed and finally enacted by
the Queen in Council, but that, from the confirmation and
final enactment thereof, the copyright law of this country
should cease to be of any force or effect ^vithin the colony in
which any such colonial law or ordinance had been made, in
so far as it might be repugnant to, or inconsistent with, the
operation of any such colonial law or ordinance.
" I am, &c.,
[Signed] " Stafford II. Noutucote."
The following is the reply of the Colonial Office to the
Board of Trade, dated 20th October, 184C.
" Colonial Office to Board of Trade.
" Downing Street, 30th October, 1840.
" Siu,— I have laid before Earl Grey your letter of the 19th
instant respecting the operation of the Imperial law of copy-
right in the British North American colonies.
" His Lordship directs me to acquaint you for the information
of the Lords of the Committee of the Privy Council for Trade,
that ho concurs in the views expressed in your letter on this
subject, and that it is in his opinion preferable, after the
repeated remonstrances which have been received from the
North American colonies on the subject of the circulation
there of the literary works of this Itingiloiu, to leave to the
colonial legi-slutnres the duty and responaibility of enacting
the h.ws which they shall deem proper for securing the rights
of authors ai d the interests of the public.
"Lord Grey, therefore, directs me to request that you would
move the Lords of Committee of Privy Council for Trade to
take such measures as may be expedient for sabmittuig to the
considerotion of Parliament in the ensuing sersion a Bill
authorizing the Queen in Coiiucil to confirm and finally enact
any col.mial law or ordinance which may be passed respecting
copyright, notwithstanding the repugnancy of any such law or
ordinance to the copyright law of this country, and contaimng
also the provisions mentioned in your letter in respect to the
period at which such c.lonial law should come into operation.
" I am, &c.,
" [Signed] B, Hawes."
Thereupon, the following circular despatch was sent by
Earl Grey to all the governors of the North American colo-
nies : —
" Earl Grey to the Governors of the North American Colonies.
(Circular.)
" Downing Strect, November, 1846.
« Sib,— Her Majesty's Government having had under their
consideration, the ' representations which have been received
from the governors of some of the British North American
provinces, Complaining of the eiiect in those colonies of the
Imperial Copyright Law, have decided oa proposing measures
to Parliament in the ensuing session, which, if sanctioned by
the legislature, will, they hope, tend to remove the dissatis.
faction which has been expressed on this subject, and place
the literature of this country within the reach of the colonies
on easier terms than it is at present. With this view, relying
upon the disposition of the colonies to protect the authors ot
this country from the fraudulent appropriation of the fruits
of labours upon whic-h they are often entirely dependent, Her
Maiesty's Government propose to leave to the Local Legisla-
tures the duty and responsibility of passing such enactment
as they may deem proper for securing both the rights of
authors and the interests of the public. Her Majesty's Govern-
ment will accordingly submit to Parhament a bill authorizing
the Queen in Council to contirm and finally enact any colonial
law or ordinance respecting copyright, notwithstanding any
repugnancy of any such law or ordinance to the Copyright law
of this country, it being provided by the proposed Act of
Parliament that no such law or ordinance shall be of any force
or effect until so confirmed and finally enacted by the Queen
in Council, but that from the confirmation and final enactment
thereof, the copyright law of this country shall cease to be of
any force or effect within the colony in which any such colo-
6
nial law or ordinance has been maae, in so far as it may be
repugnant to or iiiooiisistent with, the operation of any such
colonial law or ordinance.
" I have, &c.,
" [Signed]
Grey."
After a lapse of more than forty yeart , I am charged with
the duty of rimioding Your Lordsliip that the promise con-
tained in that despatch of Earl Grey has never been fulfilled,
and respectfully to ask its fultilmcnt at the hands of your
govenmient. The lapse of time which has intervened has
strengthened tenfold every one of the .-easons which induced
it to be made. At the date of that despatch, responsible
government had hardly been estaMishcd in the J^^orth Amer-
ican colonies, now those colonies have had forty years' expe-
rience of self-government and liave a united parliament,
unaor a most liberu'. conslitution, a parliament possessing greac
powers and responsibilities, among which is expressly men-
tioned the subject of copyright.
The experience which has been gained of colonial legis-
lation has, I hope, not lessened theconfidenceof Her Majesty's
Government in the dinposition of that parliament io deal justly
with the interests which have been entrusted to its care, and
to carry out the views of Her Majesty's G r>vernment in matters
of imperial policy as far as possible.
Again, the inconveniences whicii were pressed on the con-
sidei-ation of Her Majesty's Governiacnt forty-seven years ago
by the Colonial Legiblaturen have increased, notwithstanding
tiie partial measure of relief which was accorded rhroe years
after Earl Grey's despatch, and which poimitted the importa-
tion of foreign reprints of Tiritish cM.pyright works. The
price or British publications still exceeds six- or seven-fold, tliat
for whicii reprints are purchased in .Ani.'iica. The system of
f.irculatino- libraries and periodical sales, whicii gives to the
British reader the benefit of British literature, has found no
place in the colonics, while in Canada the moans of reprinting
British publications is now, though it was not then, entirely
adequate lo the wants of the reading public, if it be permitted
to carry on operations, with a reasonable regard for the inte-
rosts of British Copyright holders.
In part fulfilment of the promise of Her Majesty's Govern-
ment, niadt> known through Earl Crey in the despatch above
(pn)t.'d, lh.> lnn>erial S'.atute of 1847 was passed, authorizing
Her Miiio.lv, by Order in Council to suspend that portion of
tlie Act of l«4-2 which prohibited the importation of foreign
reprints of British copyright works, as to any colony in which
the proper legislative authority should be disjiosed to make
due prevision for scouring and protecting the rights of British
authors in such i)ossesBioi..
In the years 1848-5U Ifcr Majesty in Council made Orders
in Coun.'il suspending the prohibition contained in the Act of
1842 against the importation of such foreign reprints, the
■rr r
legislatures of the North American colonics having, in the
meantime, provided for the collection of an impost on such
foreign reprints, in favour of the author or copyright holder.
This partial measure, although not a fultilmcnt of the promise
of Earl Grey, met the principal grievance felt at that time in
the North American colonies, namely, tht; grievance of being
deprived of British literature, which could practically only he
supplied to the colonies by American reprnits, the publishing
business ot thd colonies being then in its infancy.
For a time, the complaints of the colonics against the Act
of 184-2 ceased, in conseqnence of this remedial measure, but
for the last twenty years and upwards the operation of the
Act of 1842 even with the remedial ]irovision8 of 1847, has
been seriously felt and has formed the subject of almost con-
tant complaint. In the quarter of a century which followed
the Act of 1842, new conditions of trade and commerce deve-
loped. The people of the North American provinces had not
only become used to pelf-government, by the liberal policy of
Her Majesty's Government in giving them free legislative con-
stitutions, but they had become more independent of American
industries. The necessity for encouraging native industries,
instead of relying on those of the United States had also
become very apparent.
The tbllowing are instances o'the serions inconvenience ex-
perienced by the operation of the imperial copyright laws in
North America.
The reading public of what is now the Dominion of Canada
has been principally supplied with British literature by Ame-
rican reprints. Tiio high prices of British editions has made
this unavoidable. In spite of the pointed and repeated warnings
to British publishers given by the Colonial OlHce for forty
years, very little has been done to change this state of things
by providii^g cheap editions ol British works. Kven to this
day the English editions cost from four- to ten-fold the price of
American reprints. The result is that the business of publish-
ing British liteniturr fov the C'anadian reading public is done
almost exclusively in the United States. The American
publisher, unrestraineil liy any International Copyright Law
or Treaty, is free to re|irint any British work and to supply it,
not only to the reading pnblic of the United States, but to the
reading public of (-anada, wbile .,he Canadian publisher is not
free to reprint any such work on any terms, unless he can
ontain the permission of the holder of the copyright in Great
Britain. In some noted instances, this has actually led to the
transfar of printing establishments from Canaihi to the United
States.
In other cases, English publishing bouses have set up
branches in New York, or other American cities, with the
view of reprinting for the "^Juited States and Canada the copy-
riglit w<u'ks which thoy have issued in London. It has been
their interest to establish .such branch bouses in the United
States, because they have obtained tborebv the American mar-
ket, whereas in Canada, even with the permission of the holder
8
of tlic copyright, they would only have tlie Ctii'.adiaii public
for purchiisers, and, without that permission, could not set the
type of a single page.
In many other well-known instances American authors in
the United States have availed themselves of the restrictions
which fetter the publishing trade in Canada, under the Im-
perial Copyright Acts, in a manner which \h most unjust to
British suijeccs in Canada, and presents in a striking view the
arbitrary ai\d oppressive operation of those Acts. They do so
in the following manner : The Imperial Act of 1842, as inter-
preted by legal dcciHions, enables any person who resides, even
temporaiiiy, in British dominions, to obtain copyright if he
publishes his work in the United Kingdon}, and such copyright
has force throughout the Empire. " i'ubl'.shing" has been held
not to mean printing necessarily, and reiiidence may be of the
most temporary character. The American authors above re-
ferred to, for the purpose of preventing their works beiu
prhited in the British dominions, cross the St. Lawrence, fl ^_^
for a few days within the Canadian territory, send to Lond^
a few copies of their works ready to be issued there, and there-
upon obtain copyright throughout the Empire. They then return
to their own country, wlicre their works have been printed and
copyrighted, and send into Canada those works in the shape
of foreign reprints of British copyrights, and on these the
Canadian Government collects the impost in favour of the
American publisher, who thus enjoys copyright m his own
country which is not open to any British subject, and enjoys,
in the British dominions, a right of reprinting which no colo-
nist can obtain. While this state of the law is being constant-
ly made use of by American authors, the United States decline
to enter into any international ■irraiigemcnt with Grept Bri-
tahi, and have no interest in making any, because their people
can thus use the British Empiie for their market without re-
striction, while oileriug no advantages in their own market in
return. On the contrary, they refuse copyright to any one
who is not a citizen of the United States, or who is not able to
show residence, in the sense of domicile.
An American publisher, if ho desire to nuike any arrange-
ment with the British copyrighc holder for the right to repnnt
the work of tlie hitter, can easily outbid the Canadian pubhaher
not only on account of the greater facilities he possesses tor
the production of the book, not only on account of the more
extended market wliich he has in the United States, but be-
cause he will liave tiie Canadian market of five millions of
readers at his command, inasmuch as the Imperial Copyright
Acts forbid the reprinting of copyrighted works, but permit
the importation of American reprints. In numy modem in-
stances, tlie British copyriglit holder has preferred to sell bis
right to an American puhlislier rather than to a Canadian,
and has bound hinjself hy the terms of sale to prosecute any
Canadian who may reprint his work for sale in Canada, which
is the operation which the American sets himself about at
onoe.
9
The instances in which Canadian puhlishers have heen ahle
to make arraiigemonts with cdpyright holders in Great Britain
luive Ix'on comparatively few. It is unnecessary to seek for the
reason of tins. It is not l)ccanae Canadian puldishers are un-
willing to make fair terms with the British copyright holder,
hut because American publishers have greater facilities, and
because British authors prefer to deal with publishers in the
United States. It is useless to say that it may he made to
their interest to deal with Canadian publishers, or to issue
colonial editions. Pressure, for forty years, by the people of
British North America, and remonstrances i'rom the Colonial
Office, have been unavailing to change their practice m regard
to a policy, so entirely prudent, as that oi' providing for the
wants of the reading public of British North America.
Having stated these facts, illustrative of the inconvenience
imposed on Canada by the Imperial Copyright Acts, Your
Lordship, I hope, will appreciate the urgent desire of the Can-
adian Government, that a remedy should be applied aa soon
as possible. If the principal supply, for the reafling public of
Canada, must, by virtue of Imperial legislation, come from the
United States, it follows that the business of publishing for
Canada is far more restricted than it ought to be, considering
the wants of the people of that country, and the means they
have of supplying themselves, and it foUowc that encourage-
ment is continually being given, in an increasing degree, to all
those who are engaged in any of the employments which form
part of book-making, to seek a home for themselves and their
families in the United States, in preference to Canada. Over-
weiglited as we continually are, by reason of tiie vast competi-
tion of the United States in every brancli of trade, industry
and commerce, Your Lordship will not wonder at our being
<lisposed to cimiplain when, in regard to so important a matter
as the furnishing of literature for our people, we are hindered
liy a monopoly, nominally in favour of the London publishers,
but really and practii'ally in favour of tlie publishers in the
United States, and when we are held in that position by virtue
of an Imperial Statute passed nearly half a century ago, when
the wants and capabilities of the people of British North
America were greatly different trom what they are now, when
the population of British North America was only a fraction
of what it is now, and wlien tlie powers of its people, as regards
Belt-government, had hardly begun to exist, while they are
now fully deveU)ped.
I proceed now to show that the reijuest wliich I am
urging upon Your Lordship, by direction of the Canadian Gov-
ernment, was pressed on Her Majesty's Government immedi-
ately after the Dominion of Canada was established, has been
pressed at many times since and has always been met in a
manner which justities the hope that compliance with our
request will not now be longer delayed.
On the 15th May, 1868, the Senate of Canada passed an
humble address to His Excellency the Governor General, as
follows ;
'%
I
^1
10
^m
"TiiK Senate,
15th
May,
1868.
" Ut. To call the attention of Tier Majesty's Government to
the iirovisionrt of the Imperial Act lU and 11 Vic, c. 96, by
which power is given to Her Majesty to approve of any Act
passed by the lejjislature of any British possession, admitting
into such possession foreign reprints of British copyright works,
provided that reasonable protection to the authors is, in Iler
Majesty's opinion, thereby secured to them.
" 2nd. To impress upon Her Majesty's Government the justice
and expediency of extending the privileges granted by the
above cited Act, so that whenever reasonable provision and
protection shall, in Her Majesty's opinion be secured to the
authors, colonial reprints of British copyright works shall be
placed on the same footing as foreign r' .ints in Canada, by
which means British authors will be more eftectually protected
in their rights, and a material benefit will be conferred on
the printing industry of this Dominion.
" Ordered, That such members of the Privy Council as are
n^embers of this House do wait on His Excellency the Gover-
nor General with the said address.
" Attest,
(Signed.
" F. Taylor,
" Clerk, Senate. "
In June, 1868, Mr. Rose, then Canadian Minister of Finance,
being in London, was referred to by the Colonial OtHce for in-
formation on the subject of this address, and in a memoran-
dum, dated the 30th of that month, he stated, briefly, the
inconve-iiences which were felt in Canada, and he declared
tha desire of Canada to be, in accordance with the address of
the Senate, that the Canadian publisher be permitted to re-
print English copyrights on taking out a license, and paying an
excise duty, effectual checks being uitorposed, so that the duty
on the number of the copies actually issued from the press
should be paid to the Canadian Government by such publishers
for the benefit of the author.
A letter from tin* Colonial Office to the Board of Trade
stated that consideration ought to be given to the course which
should be taken with regard to the reconmiendution of the
Senate of Canada, that colonial reprints of copyrighted works
be placed on the same footing as foreign reprints in the Domi-
nion, and that the Duke of Buckingham and Chandos, thou
Her Majesty's Principal Secretary of State for the Colonies,
would be glad to be informed whether the memorandun sub-
mitted was sufficient to enable their Lordships of the Board of
Trade to form an opinion on this question.
On the 21st July, 1868, His Grace informed the Governor
General of Canada, that he was in communication with the
Board of Trade, with regard to the recommendation of ihe
Senate, and would apprise His Excellency of the result, so
soon as he was placed in possession of their Lordship's views.
..'tf»-rrwm.-
11
The roply of the Boanl of Trade, dated •22iid July, 1868,
waH that the question raised waritiirtoo important and involved
ti><> many consideriitionw of imperial policy to render it poasi-
hle to comply with the (U'sire expressed by the address of the
Ser:ate, that legislation hould be obtained during the then
present Session of Parluiv. nt.
It was further stated o be most desivnble that the Cana-
dian qi-.cstion should be considered in connection with any
negotiations with the United States with regard to copyright.
The letter contained the following paragraph which stated in
8ubs^ance the disposal of the question at that time :
" My Lords, however, fully admit that the anomalous posi-
tion of Canadian publishers with respect to their rivals in the
United 8tates of America, is a matter which calls for careful
inquiry; but they feel that such an inquiry cannot be satis-
factorily undertaken without at the same time taking into
consideration various other questions connected with the Im-
perial Laws of Copyright, and the policy oi' International Copy-
right Treaties, and they are, therefore, of opinion that the
subject should be treated as a whole, and that an endeavour
should be made to place the general law of copyriglit, espe-
ciallv that part of it which concerns the whole continent of
North America, on a more satisfactory footing."
The Duke of Buckingham and Chandos on the Slst July,
18ti8, sent the Gov.^rnor General of Canada the following
fomial reply : —
" Your Lordship will perceive that any immediate legisla-
tion on the matter was impossible, but that the anomalous
position of the question in North America is not denied, and
that it is admitted that the law of copyright generally may be
a very fit subject for future consideration."
On the 9th April, 1869, the Government of Canada again
moved in the matter, transmitting to the Colonial Office a
memorandum by the Minister of Finance in reply to the com-
munication from the Board of Trade above referred to, and on
the 27th July, 1869, the Board of Trade made an extended
reply, to which I beg to refer Your Lordship, as showing that
the request which had been made from Canada in 1868, and
which is still being pressed, was not controverted on its merits,
but was deferred in the hope that presently some international
arrangement might be made with the United States and under
the impression that it would be unwise to deal with the Cana-
dian (luestion while the probability of such an arrangement
was in view. The following passage from that communication
bears this out, and sets forth a summary of the conclusions, at
whicli the Lords of Trade had arrived :
" Under these circumstances the balance of argument is, in
the opinion of the Lords of Trade, against any immediate
adoption of the Canadian proposal. The truth is that it is
impossible to make any complete or satisfactory arrangement
with Canada unless the United States are also parties to it.
Whatever protection is to be given to authors on one side of
the St. Lawrence must, in order to be elfectual, bo extended
IP^J
12
to the other ; and it is t'im8e(iueiitly impossiMe to consider
this ([ueation without also considering the prospects of an ar-
rangement between (Jreat }3rii.uin and the United Htatos,
There are symptoms of the possibility of such an arrangement.
In 1853-54, an International Copyright {Convention was signed
between the two governments, btit waa allowed to drop. In
the last session of the United States Congress a bill was intro-
duced providing for intirnational copyright in the United
States. It requirefl republication and reprinting in the United
States as a condition of copyright there, and was in this res-
pect objectionable. But tl>e correspondence showed that tliere
was a considerable interest in the question, and it was evident
that the Americans were teeling the want of an international
arrangement on the subject."
Accordingly on tlie 20th October, 1869, Earl Granville in-
formed the Governor General ot Canada that the matter was
one of some (iifliculty, and that ITer Majesty's Guvenimeut
felt it necessary to obtain further information before deciding
on the proposal of the Canadian Government, but that, in the
meantime, action might be taken as to a portion of the Imper-
ial Law whicli was not atfec*ed by the ditHonlties surrounding
the present question, namely, that while, by the present law,
publication in the United Kingdom giivc copyright thioughout
the Knipirc, publication in a colony could not give rights out-
aide the limits of the colony ; and he stated that Her Majesty's
Goverument were prepared to take steps, during the next
Bession, to amend the law in that particular.
On the 20tli December, 1869, the Governor General of
Canada transmitted a number (jf documents, one of which was
an address which he bail received from the Typogiapiiical
Union of Montreal, setting out in strong terms the prejudicial
effects of the Imiierial Copyright Acts in Canada. II is Ex-
cellency had promised, in reply, that lie would not fail to draw
the attention of the Privy Council to the point thus raised.
a His Excellency also transmitted at the same time, a report
from the Minister of Finance on the first communication from
the Board ol Trade above mentioned.
The Minister remonstrated against the Canadian request
being delayed for the action ot the United States. He said :
" In reference to the second objection ui'gcd against the desired
change in the law, the undersigned ie ready to admit that
Canada ought not ta ask for and should not expect to receive
any privilege which could reasonably be held to prejudice, or
postpone the satisfactory adjustment of the great question of
international copyright between England and the United
States. But he is unable to see how the change in the law
asked for could have anj jucli effect, especially if it were pro-
vided that the privilege accorded to Canadian publishers
should be provisional and temporary, to deiermine on the con-
clusion of any international treaty of copyriglit between the
two countries."
" Under such limitations would not the granting of the priv-
ilege aflked for on behalf of Canadian publishers operate rather
i-
-S
13
to bring about the eoiicluBior. of an Internafional Copyriglit
Treaty, than to postpone or prevent it? If Canadian pubhsliera
wore placed on tlie same footing as their American rivals, the
latter would be, to a v>..-v great extent, deprived of the pecu-
niary bonetits resulting to them, in the aosence of any Inter-
national Copyright Treaty from their piracy of the works of
English authors."
On the general question whicii I have already discussed, the
Minister made use of the following expressions, whicli I cite
for the purpose of showing that they are not now advanced
for the first time to Her Majesty's ( Jovernment, and that these
are not newly discovered grievances:
" At present the Canadian public are mainly dependent on
the supply, even of foreign litciature for which a copyright
may be obtained in England, on the reprinto from the United
States.
"It may be argued in answer to tliese objections that tho
Canadian publisher may n.ake arrangements with the author
for permission to publish ; but as the law now stands there is
no motive (ir inducement either for the autlK)r to concede, or
the publislier to obtain this sanction ; the author has already
made, or can make his arrangements with the foreign pub-
lisher, who knows that cirv-unwtances will give him a large cir-
culation in the Canadian inariicts, and that even the alight pro-
portion of duty collected will be paid by the Canadian reader,
because lepublication is there forbidden.
" At present the foreign piiblisher, having a larger market of
his own, and knoA ing the advantages of access ti) the Canadian
market, can hold out greater inducements to the author than
the colonial jiublishcr, and can afford to indemnify th.e author
for agreeing to forego taking out any copyright and to abstain
from printing in Canada."
The Minister concluded bis report, which had the approval
of His Excellency in Council, as follows : —
" Having consideretl tlie arguments adva-iced against the
modification ofthecopy right law asked for in the address of the
Senate, the undersigned would recommend that the attention
of the Imperial authorities bi' once more invited to the subject,
and that they may be earnestly rctiuestcd to accede to tho
application of ihc Senate, upon the understanding, if thought
proper, that "ihe cbangt> in the law. if made, should l)e tempo-
rary, to be determined upot> tlie conclusion of any Interna-
tional Copyright Treaty between England and the United
States.
" In conclusion the undersigned may be permitted to note
the faot, that during the last few months, the present subject
has bci'ii largely discussed in the leading jii.irnals of Canada
as well as at public meetings. The public sentiment throughout
the country is, that the privilege asked for is fair and reason-
able in itself, and that tlie granting of it would not only pro-
mote the interests of the English authors, but give an impetus
to the publishing and prii>ting trade, and other cognate branches
of Canadian industry, and would bo calculated to uicrease
i
14
the cireulation in Canada of the hest British works, and to
foster the literary tastes, and develop the literary talents of
the Canadian people."
At this stage, the British publishing interest intervened,
and pressed upon the Lords of Trade, who in their turn pi'issed
upon the Colonial Orti'je the propriety of compelling the colo-
nies to accept the modification of the Imperial Copyright Laws
which had just been offered to them without any dcmaiid for
concession in return, and which was obviously required by
the commonest principles of justice (namely) the concession of
publication in the colony should be cfiuivalent of publication
in Great Britain, on condition, only, that the colonies sliould
give up their right, accorded under the Act of 1847, to import
foreign reprints.
When so little was being conceded, in a\i8wer to the repeated
requests oi' Canada for the right to supply our people with
reprints, it would have been doubtful whether the Canadian
Government would have expressed its acquiescence in a measure
80 comparatively unimportant, l)ut when that concession
became coupled with a condition which would have made the
Imperial Copyright Acts absolutely unbearable and unenfor-
ceable, only one reply was possible, and that reply was the one
which was transmitted from Canada on the Ist July, 1870,
stating that while there could be no objection to the proposed
Bill, iiiaking publication in the colony equivalent to publi-
cation in the United Kingdom, taking into conslleration the
suggested repeal of the Imperial Copyright Act of 1847, it was
highly inexpedient that legislation should take place at that
time.
Lord Kimberley requested the Gove'-uor General of Canada
on the 29th July, 1870, to forward to him a full statement of
the views of the Caiuulian Government on tlie question, in
order that it might be considered before the next session.
Accordingly, on the 80th November, 1870, a joint report
of the Ministers of Finance and Agriculture was adopted by
His Excellency in Council, the substance of which is contained
in what here follows :- -
" \\ hat the undersigiu»d would venture to suggest is, that
the duty on the reprints of books first published either in
Great Britain or its dependencies, when imported from forci'jrn
(!0un(ric8, should be materially increased ; and that it should
bo levied in all cases for the benefit of the author or owner of
the copyright, should sueii exist ; and that to prevent evasion
of the law a declaration should be required from importers,
that any works which they nuiy claim to import free of such
duty have never been published either in Great Britain or in
British dependencies ; that foreign reprints of works publish"(l
in Canada should be wholly prohibited ; that any author pub-
lisliing in Canada should be, as at present, protected in his
copyright, but that unless Ihitish copyright works should be
published concurrently in Canada, licensed ('aiuidian publisliers
shoiihl be allowed to publish, puyiug, for the benefit of the
author or owner of the English copyright, an excise duty,
16
which could be collected by means of stamps as easily as other
duties of ii similar kind. The undersigned have no doubt that
such a sdieme as that which they have suggested could be
carried into practical effect witli great advantage to the Eng-
lish authors, who, as a rule, would sell their copyrights for
Canada to Canadian publishers. It is ti'ue that British pub-
lishers wo'Ud not gain that colonial circulation which they
have long tried to obtain without success ; but it is vain for
them to expect that the expensive editions published in Eng-
land can meet a sale in any part of the American continent.
" The undersigned theretore, recommend, that Your Excel-
lency shotdd acquaint Her Majesty's Principal Secretary of
State for the Colonies, that there is no probability of the Domi-
nion Parliament consenting to any measure for entbicing
British copyright in Canada, unless it provides for local publi-
cation ; and that while the Canadian government will be ready
to introt'nce a measure that will be of great advantage to
British authors, they must, in reference to foreign reprints,
have regard to the interests of Canadian as well <is the British
publishers."
In 1872 the Government of Canada were still without a
definite reply to the request which had been made by the ad-
dress of the Senate in 18(58, and which had been reserved, as
above stated, by Her -Majesty's Government until further in-
formation could be gathered, and until the result of negotia-
tions with the United States might be known.
On the 14th of May of that year, the following report of a
Committee of the Privy Council of Canada was approved by
the Governor General and transmitted :
" On a Memorandum, dated 10th of May, 1872, from the
Ilonoi'rablethe Ministers of Finai\ce and Agriculture, reporting
that much anxiety had been manifested by Houses of the
Canadian Parliament on the unsatisfactory state of the Imperial
Copyright Act tliat, as no reply had yet been received to the
approved rt^port of the Committee of the Pnvy Council, dated
Ist of December, 1870, they think it desirable that the atten-
tion of Her Majesty's Government should again be called to
the subject.
" That they have reason to believe that a good deal of dis-
cussion has taken place in England among the parties interested
in copyright, and that the result of tluit discussion lios been a
(tonsiderablo accession to the ranks of those who are in favour
of the proposition su'-mitted by them in the rc-port already
referred to.
" That it is apparent that the class which alone has a just
claim to protection, viz., authoi-s, have at length been crn-
viuced that their interests are not promoted by the mainte-
nance of the present system.
" That it is no doubt true, that the principal owners of copy-
rights arc the London publishers, but it is, they state, equally
true tliat those publishers have never paid to the authors one
single pound more for their copyrights in view of circulation
in C'anada.
16
•• rhat it cunnot bo denied tliat tlie Canadian demaul for
concurrent publication in C!anada should alono entitle the
author to tlie benefit of copyright. That under the present
system, which is wholl}' indefensible, and wliicli is objected to,
as well by the English publishers as by the Canadian publishers,
the latter are treated with the greatest injustice.
" Tliat it has long been the custom for the owners of English
copyright to sell to American publishers advance sheets of
their works, and when ('anadian publishers have offered to
acquire copyright in Canada by purchase, they have been told
that the arrangements made between English end American
publishers wore sucli as to prevent negotiations with Canadians.
" That Canada has passed a law by which British authors
can secure copyright in Canada, and has further expressed a
readiness, where authors do not choose to take out copyiight,
to secui'e adequate compensation to them by means of an excise
tax on all English copyright works tor the benefit of the
authors.
" They, the Ministers, recommend that a further appeal be
made to Her Majesty's Government to legis'^.^e upon this
subject without further delay.
" The committee concur in the foregoing report, and submit
the same for Your Excellency's approval."
In the session of the Canadian Parliament of 1372, a Copy-
right Bill was passed, in substance and principle like the Act
of 188!'. This was reserved by the Governor (leneral for the
signification of Her Majesty's pleasure.
In May, 1874, the pleasure of Her Majesty no^ having been
communicated, and in view of the fact that the two years,
within which the Royal Assent might be given to it, would
expire on the 14th of June, 1874, addresses to His Excellency
the Governor General were presented by the Senate and by
the House of Commons, respectively, asking him to coiuey to
Her Majesty's Principal Secretary of State for the Colonies the
respectful expression of the necessity felt by the Senate and
the House of Conimons that the bill passed in the Session of
1872 should not be allowed to lapse, by the expiry of the two
years' limitation, specified in the 57th section of the British
North America Act of 18(57, and begging to assure His Excel-
lency that important interests in the Dominion were prejudiced
by the absence of legislation such as that bill conteniplated.
The answer was communicated on tlio 15th of June, 1874,
by Lord Caniacrvoii, stating that the Imperial Act of 1842 was
still in force throughout the British dominions in bo far as to
prohibit the printing of u book on which copyright subsisted
under that Act, and that he had been advised that it was not
competent for the Parliament of Canaila to pass su'-h a measure
as the Act of 1872, inasmuch as its jirovisions would be in
conflict with imperial legislation, and tliat he had no alter-
native but to advise Her Majesty that her assent could not
properly be given to the bill.
11
17
Lord Carnacrvoii closed his despatch with the following
pnragraph, which, I respectfully submit, is a renewal of the
promises often made in connection with this subject.
" I am aware that the subject ot colonial copyright has
long been underconsideralion, and that attempts were made by
Iler Majesty's late Government, in connection with yourself
and your Ministers, to arrive at a settlement of this difficult
and most imiv.rtant question. I will only now express ray
readiness to co-operate, and my contident hope that wo may
without difficulty be able to agree in the provisions of a measure
which, while preserving the rights of the owners ot copyright
works in tliis country under the Imperial Act, will give effect
to the views of the Canadian Government and Parliament."
Pending the fullilment of the promises thus renewed by
Lord Carnaervon, the Parliament of Canada, in 1875, passed a
bill, on the subject of copyright in Canada, which was care-
fully drawn to avoid, as far as possible, conilict with imperial
legislation. In order to remove any doubts as to the validity
of this bill, an Imperial Statute was passed to authorize its
being assented to. This latter is known in Great Britain as
the "Canadian Ck)py right Act of 1875." It authorized Her
Majesty to assent to the reserved bill, but forbade the impor-
tation "into the United Kingdom of colonial reprints of any
work which might be copyrighted in Canaila, and for which
copyright subsisted in the United Kingdom. It placed, prac-
tically, the production of such works in Canada on the same
footing as foreign reprints. The Canadian Act of 1875 then
received Royal Assent.
It is unnecessary that I should refer in del ail to this Act,
but it may be proper to state that it seems most liberal and
fair in its provisions. It permits an author at any time, having
printed Ins book in Canada, to obtain copyright there. It per-
mits the original author's edition to be imported at all times,
so that superior and revised editions may always be procured.
It established interim copyright, so as to protect a work
while passing through the press. It provided for temporary
copyright to cover the case of works publixhetl in serial form,
and it extended all the privileges* of copyright in Canada to
any British snbiect, and to the subjects of any country which
has a treaty on this subject with Great Britain, and thus
removed one of the objections which had been taken in ea-lier
times to the effect which Canadian copyright legislation might
have on negotiations with the United States, if such legislation
should permit the reprinting of works copyrighted in the
United States.
It was felt that, pending the question of the Dominion being
free to legislate on the subject of copyright generally, it was
important to have a Canadian copyright system, inasmuch as,
since the Imperial Act of 1842, works published in the Umted
Kingdom had copyright in .all the colynies, while, for a work
published in any one of the colonies, it was impossible to
obtain copyright' in the United Kingdom. Our Act, conse-
quently, gave local copyright, protecting the work printed in
1
18
Canada, and prevented tlie importation of repulilicationsofany
such work alter it should liuve obtaiiuid the local copyright, as
the Imperiai Act prevented the importation of works which
had olitainod a British copyright.
I now hcg to refer Your Lordship to the proceedings of tlie
Copyright Commission of 1876, of which Your Lordship was
a very prominent nieinher, and in which Canada was repre-
sented by the late Sir John Rose. In the portion of tlie report
of that Commission wliich deals with the branch of the sub-
ject falling under the head of "Colonial Copyright," some most
important statements and recommendations are made.
First, at section 184, it is admitted that " It is highly de-
desirable that the literature of this country should be placed
within eauy reach of the colonies, and that with this view the
Imperial Act should be moditied, so as to meet the require-
ments of colonial readers."
In sections 186, 187 and 188, the following passages occur,
which I now beg to cite, as confirmation of the narrative
which I have given in the early part of this letter, of the effects
which immediately followe<l the Imperial Act of 1842, and
as showing that the Canadian Government is now but reiter-
ating an oft-repeated statement, the truth of which lias long
been established and admitted.
"186. These means arc not available, and indeed are imprac-
ticable, owing to the great distances and scattered population,
in many of the colonies, and until the cheaper English editions
have been published the colonial reader can only obtain English
copyriglit books by purchasing them at the high publishing
prices, increased as those prices necessarily are by the expense
of carriage and other charges incidental to tlie importation of
the books from the Crnited Ivingdoni.
"187. Complaints of the operation of the Copyright Act of
1842 were heard soon after it was passed, and from the Xorth
American provinces urgent representations were made in favour
of admitting into thoee provinces the cheap United States
reprints of English works. In 1846, the Colonial Ofiicc and
the Hoard of Trade admitted the justice and force of the con-
siderations which liad been pressed upon the Home Govern-
ment, 'as tending to show the injurious etfects produced upon
our more distant colonists by the operation of the Imperial
Law of Copyright.' And in 1847, an Act was passed 'To
amend the law relating to the protection in the colonies of
works entitled tt> copyright in the United Kingdom."
" 188. The principle of this Act, commonly known as the
' Foreign Reprints Act,' is to enable the colonies to take
advantage of reprints of English co[>yright books made in
foreign states, and at the same time to protect the interests of
Uritish authoiu"
The result of the " Foreign Reprints Ajt " is thus stated in
sections 198 and 194 : —
"193. So far as British authors and ownora of copyright are
concerned, the Act has proved a complete failure. Foreign
reprints of copyright works have been largely introduced into
19
the colonies, and notably Ameri<,-an reprints into the Dominion
of Canada, but no returns, or retarnB of an abBurdly small
amount huv(! been made to the authori* and owners. It appears
from olfi<ial reports that during the ten years ending in 1878,
the amount re<eived from the whole of the nineteen colonies
which have taken advantage of the Act, was only XI, 155 iSs.
'2U\., of wliich t:l,0«4 13s. iJ.id. was received from Canada,
and that of these colonies seven paid nothing whatever to the
authors, while six now and then paid small sums amounting
to a few shillings.
" 194. These very unsatisfactory results of the ' Foreign
Rcprii.fs Act,' and tlic knowledge that tiie works of British
authors, in which there was copyiiglit, not only in the United
Kingdom, hut also in the colonies were openly reprinted in the
United States, iind imported into Canada without payment of
duty, led to (•omplainti' from British authors and publishers,
and strong efforts were made to obtain the repeal of the Act"
The nH(uest which 1 have been pressing in this letter, and
the grievances which the Canadian (Copyright Act of 1889 was
intended to remove, are thus summarized in sectiori 195 and
the two following : —
Section " 105. A counter comiiluint was RthiO'c'»d by the
Canadians. They contended that aUhougli they might still
import and sell American repi'ints on paying the duty, they
were not allowed to republish British works, and to have the
advantage of tlie trade, the sole benefit of which was, in eflect,
secured for the Americans. In defeiwe of themselves against
the charge of negligence in collecting the duty, they alleged
that owing to the vast extent of frontier and othcM- cau.ses, and
also from the neglect of Knglisli owners of I'opyriglit to give
timely notice of copyright works to the local authorities, they
had been unaulc to prevent the introdu(^tion of American
reprints into the DomiTiioii."'
See. " 196. The Canadians propo8e<l that tliey should be
allowed to republish the hooks themselves under licenses from
the (iovernor General, ami that the publishers so lii:ensed
should pay an excise duty of 12 per cent for the beneti*^^ of
the authors. It was alleged tliat by these means the Canadians
would he able lo umlerseli the Americans iind so effectually to
check smuggling, and further that the Hritish author would
be secured his remuneration, as the money would be certain
to be collected in the form of an excise duty, thotigh it t'ould
not be collected by means of the customs. Objections, how-
ever, were made to the proposal, and it was not carried out.''
" 197. These considerations led tothe suggestion that repu'
lication should be allowed in Canada under the author ..
sanction, and copyright granted to the authors in the Domi-
nion, and upoiithis a question arose whether Canadian editions
which would be probably much cheaper than the English,
should be allowed to bo imported into the United Kingdom
and the other colonies."
The reiKirt then proceeded to state the substance of the
Canadian Act of 1875, and intimated, what was no doubt cor-
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rect, that too short a time hrd elapsed, since itB saiution, to
aacertain its full effect.
In sections 206, 207 and 208 the following liberal reooni-
mendaticns were made in favour of the Colonies :
" 206. We recommend that the difficulty of securing a Bupi-lr
of English literature at cheap prices for colonial readers he
met in two ways : Ist, by the introduction of a licensing system
in the colonies ; and, 2nd, hy continuing, thougli with alter-
ations, the provisions of the ' Foreign Reprint Act.'
"207. In proposing the introduction of a licensing system,
it is not intended to interfere with the power now possessed by
the colonial legislatures of dealing with the subject of copy-
right work, 80 far as their own colonies arc concerned. We
recommend that, in case the owner of acopyright work should
not avail himself of the provisions of the copyright law (if any)
in a colony, and in case no adequate provision he ".p.do by
republication in the colonv-- -.ihcrwise, within reiisonahlctime
after publication elsewhere, for a supply of the work sufHcient
for general sale and circulation in the colony, a license may,
upon application, be granted to republish the work in the
colony, subject to a royalty in favour of the copyright owner,
of not less than a spocitied sum per cent, on the retail price, as
maybe settled by any lo.al law. Effective provision for the
due collection and transmission to the copyright owner of such
royalty should be made by such law.
" 208. We do not feel that we can be more definite in our
recommenuation than this, nor indeed do we think that the
details of su'-b a law ooi'i<l be settled by the Imperial Legisla-
ture We should prefer to leave the settlement of such details
to special legislation in each colony."
I am unable to tind that these recommendations were dis-
sented from b\ any member of the Commission, even by the
gentleman who represented tlie Copyright Association of Great
Britain, and whose letter is annexed to your Lordship's des-
patch of the 25th March hist.
The report seems to have been concluded on the 25th
May, 1878, but the recommendation which I have quoted like
80 many others in favour of the colonies on the subject of
copyright, have, unfortunately, not been carried into execu-
tion.
Your Lordship cannot then be surprised that after Karl
Grey's promise of more that forty years ago, and after more
than twenty-two year's of agitation on the part of Canndi', by
addresses from both branches of our I'aiTuuncut, by memoran-
da from our Ministers of Fina-ue and Agriculture, by Min-
utes of Coum^ii, and Vy Statutes passcil unanimously in bo*li
ITonses, introduced by three succiessive GoveriimeiitH, repre-
senting opposite poln'.-al opinion, and with encouragemenls
held out at every stage of the agitation to expect a reasonable
and favourable consideration of our MpresentatioiiS hy Her
Miyosty's Government, *'.e Caiiadiati i'arliament helieved in
188t>, that the Act then passed, to give effect to what liad so
often been asked for, to what had never been refused, ami to
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what hatl been recoinmeuded by the bigliest authorities in
Great Britain, after most mature deliberation should receive a
favourable consideration at the hands of Her Majesty's Gov-
ernment, when the Government of Canada asked for the assent
of Her Majesty's Government to the issue of a proclamation to
bring it into force.
I respectfully lefraln from discussing here the legal difficuUies
by which your Lordshij) has been impresseil, as to the power
of the Parliament of Canada to pass such an Act, because, I
understand, that I have your Lordship's, permission, to discuss
that subject separately, and because it in no way relates to the
principle under discussion on this occasion.
Hitherto it has always been ei .xer assumed on the part of
Canada and Great Britain, or distinctly asserted on the part
of Great Britain, that Canada had not the power to pass such
an Act, but hope has always been held nut that Canada should
obtain the power, and i therefore submit, that if your Lord-
ship should continue to be of the opinion that the power does
iKjt exist, you will promote legislation to sot that question
finally at rest, by conferring the power, and that, if you should
be ot the opinion that the power may exist, you will advise
iler Majesty to consent to the issue of a proclamation to bring
the Act of 1889 into force, under the assurances which have
been, offered, that a most respectful onsideration will h( given
to any suggestion for the improvment of the measure which
your Lordship may think proper to make, alter hearing all
that may be advanced on both sides.
In the despatch of the 25th March, Your Lordship suggested
that the Government of Canada would doubtless fully consider
whether it would not be well, and be desirable, to leave the
law as it now stands, until it should be seen what action
would be taken ii\ the United States on the subject of copyright.
The action of the United iStates has since been announced.
It is the action which has followed every attempt to establish
a copyright arrangement with the United States during the
last twenty-tive years. The only measure which has ever been
offered in the United States Congress, lonking to international
arrangement, or Ibrniing, in any way, the Imsis for interna-
tional arnuigement, has exacted, as an indispensable condition
to American copyright (whether treaty or statutory) reprint-
ing in the United States. Those who are most intimately
acquainted with the state of fiublic opinion in that country,
are confident that that condition will never be dispensed with.
Wo have seen tluit every measure looking to an international
arrangement, even with that condition included, and even the
measure which was pending when Your Lordship's despatch
was written, has been rejected by Congress.
It is not too nmch then, I hope, to aak that a tiind decision
of the ease of Canada, should no longer be postponed to await
the action of the United States.
Permit me to add, in tliis regard, a repetition of two points,
which I have already hinted at.
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First, that the present pohcy of making Canada a inarlvct
for American reprinta, ami dosing tlie Canadian press, for the
benefit of the American press, in regard to Britis' ,v '''S^'*
works, iias a direct tendency to induce the United States to
refuse any international arrangement ; second, that inasmucli
as the existing Canadian copyright law affords protection to
the copyright holder in every country M'hich may make a
treaty with Great Britain, it cannot l)e suggested, as it once
was, that self-government in Canada, on this subject, would,
in tiie least, impede negotiations with the United States for an
international arrangement.
I have the honour to be, my Lord,
Your Lordship's obedient servant,
(Sd.) Jno. S. D. THOMPSON,
Minister of Justice of Canada.
To The Right Hon. Lord Knutsford,
Her Majesty's Principal Secretary of State
for the Colonies,
Downing Street.