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Les cartes, planches, tableaux, etc., peuvent Atre film6s A des taux de reduction diffArents. Lorsque le document est trop grand pour dtre reproduit en un seul clich«, 11 est film« d partir de I'angle supArieur gauche, de gauche A drolte, et de haut en bas. en prenant le nombre d'images nAcessaire. Les diagrammes suivants illustrent la m6thode. n 22 1 1 2 3 1 2 3 4 5 6 C ^. A fo^ ^ APPEI^DTX TO THB REPORT OF THE MINISTER OF AGRICULTURE. 1895 COlSTFEREISrCE 6 ON THE COPYKIGHT QUESTION REPORTED IN SHORTHAND BY MR. A. C. CAMPBELL OF THE HANSARD STAFF OF REPORTERS OF THE HOUSE OF COMMONS PRINTED BY ORDER OF PARLIAMENT OTTAWA PRINTED BY S. E. DAWSON, PRINTER I'D THE QUEEN'S MOST EXCELLENT MAJESTY 1896 [No. 86—1896] Price 5 cmts. CONFERENCE ON THE COPYRIGHT QUESTION. was Department op Agrioultube, Ottawa, 25th November, 1896. The meeting was oeld in the office of the Deputy Minister of Agiiculiure and called to order at two o'oloclc, Hon. Mr. Ouimet, a'cting Minister of Agriculture presiding. The other members of the Government present were Sir Muclfenzie Bowell and Sir Charles Elibbert Tuppor. The Chairman.— I hope that the disnussion to-day will result in benefit to all. Wo are ready to hear the representatives of every interest concerned. 1 understand' that Mr. Hall Catne is ndt very well, and wishes to be free to retire, so we have agreed to hear him first. Mr. Hall C vine.— Mr. Chairman, all I have to say may be confined to a very brief summary statement. I am happy to be able to tell you that during my visit to the Dominion we have had the satisfaction of coming to an agreement with the Canadian publishers and the Canadian Copyright Association on the matter that has been ho long in dispute between them and the authors of England. This understand- ing we have ventured to embody in a draft bill, which, for the sake of clearness and precision, we have put into shape and now with all humility and respect submit to the consideration of the Government. I may say about it at the outset that it is of the nature of a compromise, and, like most other compromises, would probably not cover the views of either party entirely. But it is, on the whole, the best agreement we could arrive at under the circumstances, and I think we would all be well satiHfied if some measure drafted on these lines could be carried into effect. Speaking for the body which I myself represent, I think I may say that, although the draft bill does not cover certain principles we hold to be sacred, a meusure framed on lines like this would meet with very general satisfaction among English authors. I think sir vou would hardly wish me to traverse the measure which we here offer you in detail' but you will allow me, perhaps, to indicate its general -cope. By this agreement the time which the copyright holder can publish in Canada and so secure an abso- lute and untrammelled copyright is extended from thirty days as it stood in the Act of 1889, to sixty days, with the possibility of an extension of thirty days more at the discretion of the Minister. Also, by this agreement, the license to be granted for the production of a book which has not fulfilloil the conditions of the Canadian copy- right law is limited to one license and this single license is only to be issued with the author's knowledge or with his sanction. Further, the copyright holder who has an independent chance to secure copyright within a period of sixty days is to have a second chance of securing it after it has been challenirod and before it has been finally disposed of by license. And finally, the rovalties to tue author ar« to be secured to him by regulation of the Inland Revemie which requires the sta.aping of an edition on the issue of the license. As to other points concerning serial publications and so on, I may say that they are based upon the same general principles of securing copyright and granting license. This, sir is the general meaning of the draft bill which the Copyright Association of Canada have agreed with me to recommend to the wisdom of your Ministers. As to these general 86 1 J DEPARTMENT OF AORIOULTURE. principles I have only to say, first ; As to Canadian authors, it will not put them in a position of isolation amongst the authors of the world, and, next, as to authors of England and of America and of all the othisr countries that have a copyright treaty with the United Kingdom, it secures to them the control of their own property, that it puts them all on an equal footing and that, therefore, it will not, in our vieWj be inconsistent with the terms of the Berne convention or with the general agree- ment between the United States and England. In conclusion, sir, I only wish to say that the d raft bill is recommended to the Ministers with all humility of inten- tion, with every assurance and certainty that whatever is wise and good in it will be utilized by you, and with the assurance that if you suggest improvements for the benefit of either publisher or reader such improvements will bo warmly welcomed by all who are concerned in this matter. As my last word 1 wish to tell you, sir, and thit* company, that since our arrival in the Dominion my distinguished colleague, Mr. Daldy, and myi^elf have been very much struck and very agreeably — if you will pardon the word — surprised to find the spirit of conciliation and fair-dealing with which we have been met, both by the classes interested in securing copyright and by the Minis ers of the Dominion. 8ir Charles Hibbebx Tdppeb. — You have used the word "compromise ": do you refer, in respect of that compromise, to any other classes than the authors whom you represent and the publishers represented here by others ; or have you had an oppor- tunity of speaking, for instance, with readers in Canada ? Mr. Hall Caine. — I referred to the Canadian authors and to all others. Sir Charles Uibbgrt Tupper. — I would like to ask another question, and I have not had time to look very carefully through the hill. I Mhould like to ask how you have dealt with the question of magazines publinhed in the United States and coming into Canada containing copyright serials? Under your proposal would there be any hindrance ? Mr. Hall Caine. — Only in the case of violation of an English author's copy- right. Mr. W. Foster Brown. — I may say that the proof of this bill has been put in my hands only a quarter of an hour ago. The Chairman. — Do you represent the publishers' interest ? Mr. Brown. — No ; that is what I want to challenge. These gentlemen beside me represent the publishers' interests, hut not the interests of the booksellers or the public. What 1 wish to know is whether, under this Act, we shall have the right to import '* The Nineteenth Century," " The Contemporary Review," " Black- wood's Magazine," and reprints from English magazines not copyrighted in the United States. Mr. Hall Caine. — Certainly not. ]•!'•. Brown. — What are we to do when the Canadian publisher pays the English autht , ->T the right ? Sir Charles Hibbert Topper. — That is not the case Mr. Hall Caine referred to. Mr. Brown. — But there is such a case. Is any provision made for it? Sir Charles Hibbert Tuppbr. — The same provision is made in this draft bill as in the former Act. Mr. Brown says that he has not read the draft. The question he put, as Mr. Hall Caine evidently understood it and as I understood it, referred to the case of reproducing an article from a magazine copyrighted in England and pirated in the United States, and he wishes to know if that would be excluded. Mr. Brown. — But suppose it is not pirated? Sir Charles Hibbert Tupper. — In that case, it would come in. Mr. BrowNi — Would you kindly point out the section. iii.r. JK. J.. xiANCKFiELD, — xii6 point 5s covBreu uy nUi/section u oi secLxon a, in which you will find the words " unauthorized by the author." The Chairman. — Perhaps it would be better at this stage to ascertain if there is any other gentleman wishing to address us on behalf of the authors and taking the same general view as Mr. Hall Caine. COPYRIGHT CONFERENCE. Mr. John Ross Robertson. — I am prepared to say a few words as rogards the Canadian Copyrij?ht AMCocialion, but I have no deuire to intrude at thin Htaj^e. Mr. F. K. Daloy. — I think it would be bettor that Mr. RobortHon should proceed, and thcMi I would a^k to be allowed to make a few remarkH. Mr. John Ross Robertson. — Mr. Chairman, I thank you for the opportunity of Haying a few wordn on behalf of the Canadian Copyright Ansociation. Our miMHion in the puHt haH generally been to discuHs the difficultiuH of the copyright Hitnation, but on this occasion, fortunately, ho far as our association is concernod, the conference we have hud with Mr. Ilall Caine ban removed those diificultioH. And the difficul- ties being removed there in nothing left to diwcusH, and any extended remarks I might make would only wonml in your oars like an obituary on a dead difficulty. Sib Charles Hibbert Tuitkr. — At any rate, it is important to confirm the statement made by Mr. Hull Caino, to the etfoot that this was n real compromiHe, Mr. Robertson. — The addroHs of Mr. Caine ha» so thoroughly covered the principal features of tlio bill that if I wore to cover the same ground I should be only repeating what Mr. Caine ho admirably said. In the conclusions arrived at we have endeavoured, and wo believe Buccessfully, to deal fairly and honourably with all parties interested whether they be authors or publishers, and whether they be British, Canadian or foreign. So far as the Canadian author is concerned, wq have not only not deprived him of any rights he has hitherto possossed, but we have materially increased his facilities of production. Sir Chaules Hibbert Tupper. — 1 hope you do not object to interruptions. Mr. Robertson. — Not at all. Sir Charles Hibbert Topper. — Would you kindly explain that last remark more in detuil. Mr. Robertson. — Practically we are in the Berne Convention. Sir Charles Hibbert Tupper. — But as to the additional facilities for pro- duction ? Mr. Robertson. — Under the facilities afforded by this Act, the Canadian authors will have a larger number of publishers to select from and will bo able to engage the services of a publisher in this country at a moderate price. Mon who, before, never thought of publishing will take advantage of the provisions of this Act. As Mr. Caine has said there have been mutual concessions. I do not protend that the Canadian Copyright Association have got all they asked for or all they wor" jtititled to. I am sure the Canadian Copyright Association could not bo called unr ' nable, and in speaking thus I do not pretend that Mr. Caine did not do all ho p ^88ibly could to meet our views without endangering the interests he represents. 1 admit that tho draft submitted will not be satisfactory to extremists; but I think there is one proof of its fairness. We believe that if a now Act is passed drawn upon the lines laid down in this draft, it will not only solve the problem that has hampered the Canadian publishing and printing interest in the past, but will also encourage the production by our own presses of books from tho pens of British, Canadian and foreign authors who, under tho provisions now respectfully submitted to the mem- bers of the Government for consideration, will receive full remuneration for their work. Sir Charles Hibbert Topper. — One question, please, before you sit down. From a cursory glance over this draft bill, I gather that it is proposed to exclude, in case license is taken out, all editions of the work published in other places. For instance, the cheap colonial editions published in England, I take it, would be excluded. Mr. Robertson. — Yes. Sir Charles Hibbert Topper. — ^Then in cases where license was taken out, the Canadian reader would be restricted to the Canadian edition ? Mr. Robertson. — Of course he would be entitled to import two copies. Sir Charles Hibbert Tupfeb. — But not for sale? \ Mr. Robertson. — Not for sale. Sir Charles Hibbebt Topper. — So that the sale, to that extent, would be restricted? DEPARTMBNT OF AGRIOULTURB. Mr. Robertson. — Yes. t^ Mr. Lanobpield.— The English edUion comes in until thirty days after the license is issued. ^ ' Mr. A. P. Rdtteb.— And the Canadian book is on the market Sir Chables Hibbert Tuppkb.— What is the difference, if any, in the arranjre. ment rogaiding royalty between ihia draft and the suspended Act of 1889 ? Mr. D. A. Hose.— It Ih precisely the same. Sir Charles JIibbebt Tupper.— Ten per cent ? Mr. Rose. — Yes. Sir Charles Hibbebt Topper.— But is there not something additional ? Mr. Hall Caine.— Yob ; the author keeps control Of hin works. Sir Charles Hibbkut TuppiR.— And that reconciles the British author to the acceptance of the ten per cent ? ri ht ' ^°*''~^® ^"* ^^^ ^° P®'" *'«"* royalty and is allowed the chance to copy- The Chairman.— I understood Mr. Hall Caine to say that the British author would have some control on the issue of the license ? •*i. ^f" ^ALL Caine.— Before the issue of the licenne. He has the choice ijiven him either to take the license or to publish for himself. Mr. SE Dawson.- As I understand it there will be sixty days between publi- cation m England and publication in Canada, and it may be ninety days. Of course It the author agrees publication may take place at once, but in case of their beinir no aKroeinont, I take it, there will be an interval of sixty days which may be extended to ninety days. J J «" "'".y Mr. Rose.— The author is allowed sixty days in which to print, but the partv asking a license is allowed only thirty days. Wo have cut our time thirty days shorter than it was under the old Act. Suppose a British author has failed to reeister here. I rauko application for license, which is granted in seven days. I must have the book on the market in thirty days thereafter. Mr. Dawson. — Have you taken enough time? Mr. Rose. — We havo agreed to the condition. Mr. Dawson.— The Minister has power to extend the time ? Mr. Rose. — Yes. Mr. Dawson.— And during that time how is the Canadian public to be supplied ? Mr. RosE-By the English edition of the work-tho edition printed for circulation in England. They cannot send out special editions for Canada, but they can ship copies ot the edition prepared for the English public. » Mr. Dawson.— In the meantime the American reprints are excluded. Mr. Rose. — Yes. Mr. Dawson.- You retain the interim copyright Mr. Rose.— Practically. ^u^'' ■^/^Y""'^""^"'* """■.'"§ ^^^ ^'^^y* *'^' ^' ""^y bo, ninety, days no American editions whatever can come in ? j^ J •» Mr. Rose. — None whatever. fi^. K^ik^'^^u°'*-~m"l ^T "T'" ''^ be in the case of an American edition arranged lor by the author. Take, for instance, such a case as that of " Trilby." I found in Montreal three copyright editions of" Trilby " for sale side by side-the British, the American and the Canadian. * ^r.^*f^'^ "?v^®^~V"u'' ^^^ Canadian edition appears the only edition that can be im- ported 18 the English edition. And, when the Canadian edition appears, the Bnirlish edition cannot be imported for sale. ' *^ , ^ ^^ giiou Mr. Dawson.— Do you not think that there will be some difficulty in the case ot those magazines whuh contain extracts from English magazines ? Take for instance, magazines of the class of "Little's Livimr Air«;" wh!«h ar« f«Uan lu^^^iV 5- '^'""^jja. Do you not think there will be diffloultios regarding these ?~ "" "'"°" " Mr. Rose.- In the Act of 1885 practically the sprae sense is conveyed. But the question has never been bi^ught up. The word "unauthorized" would prohibit them if they were challenged. ^ COPYRIGHT OONFERENOH. ilr. Dawson.— So it straok me. In the Act oi'lRTB thiu was avoided. Mr. LANOEriELD. — This is in tho interest of the uutlior. Mr. Dawhon. — But I am rot Hpeuking in the intereHt of tho author ; I am trying to bring out the points of thiu draft bill as thoy will work out. I have no intorost in tho matter, as you know, but I would like to see how this is going to uffuct the pablic. Mr. Hose. — I may tell yon that the wording of the clause is precisely the same as that of the American Act to-day. They only permit the importation from Canada of papers carrying stories or articles anthoiized by the author. If unau- thorized they will be stopped. Mr. Dawson. — That is the point I wish to draw out. What is to be done mean- while? Tho papers may be full of a work of interest and tho people canvassing its merits and waiting for an opportunity to read it. How is the Canadian public to be supplied with the work ? Mr. Kobe. — Thev' must import the English edition. Mr. Dawson. — The cheap colonial edition? Mr. KosE. — This clause covers it: — " the book lawfully printed in tho United Kingdom and published for circulation and sale to tho public therein." Mr. Dawson. The cheap colonial editions are not authorized for circulation in England, and the words are inserted to prevent tho importation into Canada of these cheap editions which are authorized only for the colonics. Mr. BoBEaxsoN. — The object is to prevent our market from being flooded with these editions. Mr. Rose. — Let me give you the reason why wo are so particular on that point. Take a case whore the author has sold mo tho Canadian right and has also sold tho English publisher tho colonial n>;ht. Ho has really sold to two men the right in one territory. The English publishers could make a shilling colonial edition and flootl me out. The English law will not allow mo to ship to Etigiand, because they claim they have bought that market. We go further than we a'-o bound in justice to do. We say: We will allow your edition made for circulation in England to come in becautse certain Canadian readers will desire a better edition than we are printing. There was a case of a ruling in Montreal the other day. A certain book is copyrighted in Canada but no illustrated edition is issued hero. A Canadian reader wicihes the illustrated edition, but the book is stopped at the customs house in Montreal. This is regorded aw a hardship. Under this draft bill, if a Canadian reader wishes the illustrated edition he has the ri^ht to import it. Sir Charles Hibber Toppert. — How -rould you meet the cry or argument that this is an arrangement between tho Engli L «uthor and the Canadian publisher that will maintain the price of copyright boou& higher than thoy could be supplied for by means ot the colonial editions ? Mr. Eose. — Our claim is that even in the case of books published under exclu- sive arrangement, you will find that they will bo cheaper in retail price than the American editions. Sir Charles Hibbeht Topper. — On tho principle of the National Policy? Mr. Rose. — Exactly. For instance take "Trilby" published exclusively by Hai-per in New York at $1.50 and " Trilbj'," published in Canada under the control of Harper at 75 cents. If the price in Canoda had been $1.50, it would have been too high and the sale would not have been profitable. Mr. Poster Brown put the book on the market at a popular price and made a large sale. Our books will naturally, in all cases, run a shade lower in price than the English or American editions. Sir Charles Htbbert Tupper. — Have you looked into the question, and do you know as a matter of fact whether you can publish books in Canada to-day as cheaply as they are being published in England in tho cheap colonial editions ? Mr. Rose.— -I know that wo can. Sir Charles Hibbert Topper. — ^There is nothing extraordinar about their prices then ? Mr. Robe. — No. 8 Dl PARTMBNT OF AdRICULTURS. l.rg. .d,,,„„», „,>„„,,,, ,|,e ,4c«„,aK„ l.low.r with Ihem ' '" """^ -""" .be„,'ll;iXE-.I...t„'lrT„:l'";J™"'' '."""h'y""" P'-i-t more oonsitred"^^*''' ~'^" '"«"'^ *^ type-notting, tho element of machinery must now be mmmsMs Sir CUARLER HiBBERT TUPPER.— That waH wlint T ^«.,S.«,1 * .111.1-. ijAftufiiaELD^ — IVO. ■' "a- 56. whio^w«'^roriaf„T,L''bvM; H»««,th«,oopyrigl.t oommis,io« of 1888, COP Y ma II r cosfkkrnob. an it. nrincinle of BritiBh leKlnlHtion ihot any article manufiictiirod in Hritnin oan he nerit back thoro ind ho d. I could huvo wdd ovory one, of thoHO oolonml edition ..opion in Jiingluiicl but I did not want to throw any obstuclo in the way of lliis hill. Air. R08I.— Ml'. Brown, there Ih nothing in our draft hill louohin^,' that. Mr. Brown.— Not directly; but you havc^ a clauHo having the Humo ofroct. Mr. HogB.— It do^H notattoct the colonial lihiury quoHtion. Mr. BaowN.— Under one of thoHe clauneH you are certainly prohibilod from importintr any colonial etlitionn. Mr. K08K.— Only in case a book Ih copyrighted in Canadn. Mr. Brow.v.— The colonial edition can ho eliminated Irom the discuHHion But what are you going to do in the cane of i^^ood hookH ? StE Charlkb Hibbert Tijpi'i:r.-1)o you advocate the exclusion of the colonial euuionN r Mr. Brown.— No ; because as Hoon m wo can got the Act in force thoy will be excluded ly the natural coui-ho of trade. A man \h not goinif to print in BJnghind a one and Hixpenny hook wh.-n he in in danger of having that Hold under hia nose in competition with hin 8ix Hhiiling edition of th" name book. Mr. Lanoekield.— .Would they not stop them at tho cuHtom house? Mr. JiRowN. — No. Mr. Lanoekield.— I think that will bo news to tho gontlomen on-'auod in the DUHinOHH. '^ " Mr. Brown.— Mr. Daldy ought to know; lot him speak on that point. Mr. J)ALpY.— May I answer your quontionH as I go along, as 1 winh with your permisHion, Mr. Chairman, to say a few words on the general qucHtioa ? This subject IS one that is not entirely now to mo. I had the honour of discusHing it in this room with Sir John Thompson ^omo six years hack. On that occasion I asked particularly, the Colonial Office sending a despatch to the same ettoct, that you should not legislate on this subject until we saw what was to be done in the United States lou kindly agreed to that, and during that delay wo ascertained what was done in the United Status. Wo found that tho United States took a course which, undoubt- ediy, was detrimental to certain interests in this country. ¥vnxn that moment we withdrew our objections quoadi\\Q particular books which were being injure.! by it At tho same time wo did not wish our copyright laws entirely bouleversi. \Sq wished the remedy lo be such as was required for the disease, and for that reuson I have really groat pleasure in consenting, on behalf of tho largo number of copyri-ht owners— for I do not call them publishers; it is the property I am interested in— I say that on behalf of a great number of copyright owners in England I have iireat pleasure in consenting generally to this draft. I say "generally" being quite sure that you will pardon my hesitation in assenting fully, because this draft deals with a complicated subject which requires to be considered in detail. I hope that in this conference we shall be able to exhaust the points that may be matters of contro- versy and it may be suggested eventually that two or three of our number should be deputed to go through the draft more carefully with Sir Charles Hibbert Tupper or his deputy. All that I ask for now is an opportunity to look at tho controver- Bial points. And here I must say that I substantially agree with tho gentlemen who have spoken in every thing except two points. One of these points was the amount ot royalty. I see that no provision has been made for a higher royalty than 10 per cent, nor has any provision been made for competitive license. Now I do not see why the competition should not be in royalty as well as in everything else, and therefore I ask that the clause be changed to read "not less than " ten per cent leaving the market to settle itself. However, these gentlemen have so generously given way in many points that this is not one which I should contest dVoutrance. 1 should prefer it, and I think it more equitable to the author and I hold, therefore, inai in ooraraon luuuesH, we should give it to them, but, as 1 said before, it is not a point which I should press it, I'outrance. There is another feature— the absolute exclusion from this part of Her Majesty's dominions of books printed in another part of Her Majesty's dominions— which I must protest against, so far as the editions which are printed for sale and general circulation in the country of origin 10 DEPARTMENT OF AGRICULTURE. are concerned. I sympathize with these gentlemen as to the colonial edition If an edition .8 kept from the British public I could only say : Take the St lo excude them If you w sh to do so. Wt is within your purview, and I am sure that your Ministers will guard your interests. It is for yiu to consider whothe? such a step would be in the interest of Canadian readerl I merely draw voSr atton ion to the matter, Imt I do say that books circulated in Great Bdtain and all over the rest of the British dominions should have the entrie here I think the TZut^t^'' ^."vf" r"'*^ ""*! "'"^ T°« °^ " ^^'-y 'i'ff^^^"^ kind. They are cases in which the author has agreed to allow certain editions to be printed on certaS IhidThvlrV '^".''■"''™"K-'t' perfectly free and the person ^ho makes it must abide by it. In such a case his books must be excluded, but they are excluded under would be more agreeab e-or I should not say '« agreeable," for the whole thing is Jilnfr F 'r l''"'" *f home-but it would be the only kind of exclusion hft I theraattei People or the English Parliament would feel inclined to adopt in in Jhu^^M^^'o^'^ BowELL.-Suppose an Australian publisher purchases the right fLP«; I nl ■•?'"'' ^'^?u^\^u ^^" 1'^"^ ^^'''- •'« should have .he right to sel those books in Canada without buying this market or payiug for it? ^ '" "*"' Mr. Daldy.— No; is not that a colonial edition? Sir Mackenzie Bowell.— " That is another point. I understood vou to obieofc ^nothr'' Pf f'.^if'* '".""^ f^"'' .?^ Her Majesty's dominions bein7exduded W another part of tho.e dominions/' So if a book were published in Australia; shouS It be allowed to come into Canada ? r ^ oviauo, ouuuiu 1 * j^'"' P^^'*^-— I hope, Sir Mackenzie, you heard me say «' those that were oircu- ated m the country of origin " That makes u very important diJence rnpubHsh ing a book in Great Britain there may be an edition for Australia which ciSes only in Australia and not in the country of origin. With my free trade views I should prefer to see all the editions circulated. But. in view of the arrangeraente the aulW dn"*" that restriction might possibly bo put upon colonial editio.rwhTch the author does not think worth while to offer to his bw.i public But there are points invo ved which should be considered very carefuRy and it is for that detail. I have no further objections to raise that I think are worth discussing here but I would ask It you would allow three or four of us to meet with some member or officer of the Government to discuss these details T suppose Ti Newcombo would be the man. Then there should be a representative of I hese gentlemen from Toronto-p.obably Mr. Lancefield their sJcXy Mr lowe the l^eputy Minister of this department, who is conversant with hrouesSon of reg.Htration.and my.elf. If any points of controversy doTome up they mus 2e of a m.nor character, and I should 6e inclined to refer^them to yl- iecision iS that way we should secure a draft substantially representing all. It would then be for the Government to take the whole draft into cSnsideratitn. It wo^d be for the fh'ev w3;V^ decide how far they would go and what course they would take bu? they would have the npo fruit of our suggestions and remarks upon the subject .^^f:o^!m:^l:^'' ''^ ^^- ^-^^^'^ °p-^- - ^^ --^^-^ ^-^ to l^l h«rr ^r ^^^^y--At the present time they can be sent back to England. But I Sril «?h T ^'^^"^'^^ tins subject in England and with the Government, and we propose that a measure should be brought forward excluding all editions or ginatinff ouls.de the United Kingdom from the United Kingdom unlefsthey beedit ons from the country of origin If a Canadian author writet work here, undoubtedy he shouS have the right of sending it intoEngUnd and int„ nil thA mhL. n«i^„;.o ^ "*"•"""'" Th„M«'«^'''''^''-"^'^**%^"^''T '^ "r!?®"^ ™« "^^y I ^'-^ "ot send these' books back. fh« inL Jk "^ pert.aent question. Under the piesent law this colonial edition is hLT^^ cheap ed'.t.on we can get. Take, for instance, "The men of the Mo^ Hags. The minimum American edition is $1.50. If we sent back the colonial England COPYRIGHT CONFERENCE. U ^ chrpToo^s^^P'** *^' exportation from Britain we should deprive ourselves of prin£i?Eog3'^VT^^^^^^^^^ ""'"'^ P'-^P''^^ ^° «-'"^« "- -»--' edition T\^J^L',B^^^Y~f'^'\ ^ ^"^ "'^^ legislate on that. I propose that while the coov. flSuon. "" ^^ '^' "" "'P'"' P''"*"^ °"^''**" Bhall comein without the autho'^e Mr. Brown.— That comes under the Foreign JReprints Act. Mr". Da!d?'!!y^^^ '''^ ''''°°'*' ^'*'^'''" ^' ''*'PP®'^ ^"«'^' ««" >* be ^old ? ^HitiJi'';^''''^'^-"^'*"' '^'^"''^ the English publisher like to have the cheap colonial edition offered in competition with his regular edition ? He would soon find that ft Mr^VA*;^ X'"' ° u'^r «?•*•«-.«« that question would settritBoIf."' "' nnl^nTnV I't" ^^ "*='— ^Hy I ask tho Opportunity of saying that we consider the colonial edition as in a -^ery unsatisfactory state at present. We are not very sure *vo ihink that the class of books covered are tho^e issued for general circulation I altogethT ""'^°'' ''"'' '""^" ""•* "'^"^'''"^^ '° ^^^'"'^^ the coSrbook of Mf Dald7^to'^« S,i^ '^PP^'-^""^'^ «f «^yin- ., word in reference to one remark o» ^1' V^ » " the effect, as I understood him, d we should turn from the dis- cussion of certam points and leave them to be settled by a committee. For my part I have come here ready to remain until the matter is as nearly set led as we C thatM* • nflKr't ?'^'''""* \' ^«"'«^ '^^^"•'l b« ««^^'«d ^ere all tho points that Mr Daldy has to bring out should be brought out here. The re is certain v a better chance to settle matters here, where the men interested are alliCesented than in a committee made up of three or four. Mr. Daldy gives his asnent to the general provisions of the draft, as Mr. Caine does. Of coL^e M , Luldy- Bpeak my own personal opinion-stands in the same relation to Mr. Hull Caine as we do as Canadian publiBhers He stands in the position of an English Publisher-atTeast so I gather from what he said. The question is one between the English author and the Canadian publisher The concurrence of Mr. Daldy and those he Xre entsU most essential m avoiding trouble. But if matters could be settled heie^wodd it not be much better to settle them than to refer them to a committee ?' Mr. Daldy.— I defined what matters I desired considered by the committee ♦I, ?•' ^^""^"tlf HiBBERT TuPPEa._In case there may be some misapprehension of the object of this meeting, I should like to say that L. OuimetTnd I aJe mei^l J sitting here so as to give you gentlemen, who are directly interested in the ™ubi!o^ ;«th:r"^"w''''''^°'!'^ opportunity of letting us know how near you can come'' to gether. We are not m a position to tell you what the view of the governZnt is Because, so far as any new legislation is concerned, the government il^ll not diaft ^ bill until they have had the great advantage of knowing from your discussion Ind your negotiations how far thft bill might be acceptable.^ Sy^are not decTd for instance, even on introducing any bill at all. It is obvious that no member of the government, under those circumstances, can give you much assistance His own individual opinion may be of some value in working out thrianguage to exprZ your Idea biit he could give you no guarantee that Ihat you ag.tef Spon wS become the law of the land. To-day you will have simplj the opportuE of ex- plaining m public your ideas on this very interesting question. If you form a com Mr Ha?l S''^^"f ''""?' T? t''^^ "^^^'"S -'^ ^'^y-^^^' it But I gathered fiTm Ml Hall Came s statement, which seemed to meet with universal approval that you r.r.:!!r!l:?ru" t^e general principles of the draft measure. The'SuVaiteratiiSs r ,,, „^ ^^ , „y ,^oj.g necessary to express in the best way possible the ir.r" have agreed upon and also-and this is a matter I lay ^rreat^st^oS upon- to make sure that the language is such as will not clash with the treaty of Xrne Mr. fiaxTBR-Let us have all the discussion possible here to-day «r.A I ^5\».^«» HiBBBRT TapPER.— I do not think that Mr. Daldy m^ant what you Si*'?^ M t'"! ^V7'. ?■ ^^ "°^ undei-stand him to mean that a^r othei p.Oi^^^^^ tion Bhould be included in the bill. ^ P>o,jo8i 12 DBPARTMENT OF AGRICULTURE. Mr. Daldt.— Quite so. The points to be considered would be merely small questions of drafting. We have practically agreed as to all the rest. Sir CHABtEs HiBBERT ToppEB. Has any gentleman present given attention to the point in connection with the Berne Convention. For instance, the exclusion of the colonial edition, supposing that edition to be one lawfully published in England. Might not the point be raised that this is inconsistent with the treaty of Borne as excluding a copyrighted book from one of the countries included in the convention? Mr. Rose,— I may say that in our- discussion at Toronto with Mr. Hall Caine we stated to him that we did not claim to be posted on constitutional or law ques^ *i.*'°u ^*'" ^*''^ Caine, I think, will agree that he has given us to understand that the bill as expressed here will not necessitate our retiring from the Berne Conven- tion. Mr. Hall Caine.— That is my general view. At the same time I do not wish to express any legal opinion. It is for the law officers to speak on that point. While entirely feeling the justice and fairness of Sir Charles Hibbert Tapper's statement and sympathizing with it absolutely I want to say that whatever conclusions I have reached as to the Berne Convention have been based on the clear statement of it made at the end of the departmental report. Sir Charles Hibbert Tupper.— Suppose, for instance, that it is discovered up- on consideration that the clause I refer to would be inconsistent with the Berne Con- vention and would bring us face to face with the difficulty we have met in England are you sufficiently anxious to cany out the rest of the compromise that you would approve of the bill with such amendments as would allow the colonial editions to come in ? Mr. Rose.— Speaking from my own point of vjew, I should say certainly not. Un the importation clause hangs the whole value of the bill. In the discussion in Toronto this wus a point that took up a great deal of time, and, if you wish, I would like to give, as shortly as possible, the reasons for arriving at the importation clause as it stands. Mr. Daldy, in his remarks, said he was willing to prevent the importation of the colonial edition if it weie an arrangement between the author and the Canadian publisher. Mr. Daldy.— And, allow me to add, if it was lawful. Mr. Rose.— We say that we consider that an unfair system. We claim that we purchase the Canadian market. The English publisher purehases the English. We my our money for the Canadian market just as he pays his for the English market. Why should he bo at liberty to eell books in the market which he has not bought but which we have bought and paid for ? All we ask is fair play. But we allow a privilege that the English publisher does not allow. The English Act prohibits the importation of the colonial edition of a book. We say we will allow two copies of any book to be brought in by a reader, thus allowing the English as well as the Canadian edition. Sir Charles Hibbkkt Topper.— I understand you to say that this matter is of such importance that should it be found impossible to include that in the bill your whole compromise falls to the ground ? Mr. Rose.— The clause reads " from the date of the registration of any book and during the existence of the copyright of said book the importation of any copies of said book, or any edition or editions thereof, shall be and is heieby prohibited " That is to protect us against the English or American publisher. He may have in Btook, probably thirty days ahead of publication, a whole edition to put on our market. Knowing that he will not register in Canada, he ships into this country say 5,000 copies specially printed for the Canadian market prior to the date of regis- tration. And, when these books are offered for sale it becomes useless for the Canadian publisher to ask for a license. For instance. Mr. Irving buvs 1.000 conies of " Mtticeila " and imports them into Canada. In the contract it is agreed that' the English publisher shall not send the colonial edition into Canada. But I wire to John Smith, a dealer in J^ndon, to buy 1,000 copies of " Marcella " and send to me. He does so, the books come in and the 1,000 purchased by Mr. Irving are made UDsaleable. As to Mr. Daldy's suggestion regarding private contracts, it will be seen COPYRI\aT CONFERENCE. 13 that it is impoBBible to make sucL .. yontraot effectual unlesg every raan, woman and child -in Great Britain becomes a party to it. The importation clause is, after the license clause, the most important in the act. Mr. Daldt. — May I say that of course, the Enpflish publisher, in the case supposed by my friend here, would not sell that colonial edition to come out here. Mr. EosE. — But he docs not know where it is going. Mr. Dai-dy. — But he would not sell it unless he knew where it was going and generally it would bo sent to his own agent. I think the law of contract is not so weak in this Dominion that it cannot meet such a case as that. You cannot legally exclude these books except under private contract, and that is the position I have taken, 1 would rather not have them excluded by law. Mr. Rose. — I was going to say one word as to the cost of production. Take the colonial library with free plates and I will take a contract to reproduce any quantity at the price named hero to-day, 6Jd. Sir Charles Hibbebt Tdppeb. — I threw out the question for the purpose of discussion. I desired to know what importance was attached by the parties to this Srovision, and I have been answered very frankly that it is so important from the anadian point of view that they would not desire the bill without it. Mr, Hall Caine. — I may say that the colonial book is sure to cause agitation in our own country as well. Mr. Brown. — I.wish to say a word as publisher and bookseller. Mr. Rose has said that the importation clause is the essence of this Act. Why should the neople of Canada suffer because publishers and booksellers do not know their business ? Why could not Mr. Irving send back these books to compete with the publisher's higher priced edition ? And if he did not know that that could be done, why should the Canadian people suffer ? Mr. Rose. — Why did you not do it in the case you spoke of? Mr. Brown. — Because it would injure my business to do it. Mr. Irvino. — I had a guarantee against the colonial edition. Mr. Brown. — A bookseller should have knowledge Mr. Rose. — Mr. Irving, the bookseller in this case, bad sufficient knowledge to protect himself, so that he should be able to send back the books he ordered. Mr. Brown. — I call that a quibble. These books can be sent back to the country of origin. What is the object then of this clause ? Mr. Rose. — We are going to keep the colonial libraries out, so that any one w'lo might be tempted to take advantage in the English market such as I have spoken of may not be led into trouble. Mr. Brown. — You are very kind. There is a question that affects the public of Canada in this clause. I am not in favour of the way the Act has been drawn up. Three or four gentlemen meet with Mr. Hall Caine and Mr. Daldy and prepare a bill and no one from Halifax to Vancouver knows anything about it. Sir Cbarles Hibbbrt Topper. — But they will. Mr. Brown. — You are gathering light on the subject, and, of course, you will fVame a bill according to the information you have. Sir Charles Hibbert Tupper. — But we must get light from other sources as well. Mr. Brown. — I hope you will gather from many other sources than the Publishers Association, which is composed of only a few Toronto publishers. Mr. Rose. — Question. Sir Charles Hibbert Topper. — ^This draft binds no one. The parties to the compromise, not uninfluehtial parties, have reached an agreement in connection with this important question. But before this can go to Parliament, there is oppor- tuuily for hearing the views uf all ulusses as to the best legislation. Mr. Brown. — You cannot make better legislation than that proposed by Sir John Thompson, with sixty days allowed instead of thirty. Mr. Hall Caine. — I have listened ca? .jiudy to Mr. Foster Brown, but I confess I do not understand his position. 14 DEPARTMENT OF AGRICULTURE. the (fraff "^''"' ^'"^""^ TaPPEE-Mr. Brown has confessed that he has not read Mr. EoTraR.-Tou are always at liberty to^mport two ZvAW80N.— Allow mo to mention a case within my own exnerience Tn f ha COPYRIGHT CONFBRENOE. \ 15 the coraplet«5 American edition while importing them themselvws. They got a cor- ner which, being in the bools trade at the time, affected me. So I copyrighted " In Memoriam," wliich is in the very middle of the book, and bo I cut Ihem out This IB a case exactly in point bearing upon what Mr. Brown has said. There if o course, danger of grave abuses resulting. • But it seems to me that this particular point has been pretty well threshed out. I am satisfied the Ministers see the exact difficulty and the way it affects the public. Mr. EosB— Before you pass that point, would you mind expressing an opinion as to the effect of the copyright on the sales of .Tennyson's works in this country Are the people of Canada suffering for want of copies of Tennyson through this Mr. Dawson.— No, because luey get the English cheap editions. So in the case I referred to, the English editions came in ; but I did not allow any one else to import the American editions. Mr. Rose.— Is it not the fact that the importation is mainly confined to the editions better than our Canadian editions ? Mr. Dawson.— One of the last things I did before leaving business was to import a large number of copies. _ 9 Mr. Lanoefield. — It was not copyrighted then, was it. Mr. Rose.— It was copyrighted within the last three years, Mr. Dawson.— One thing struck me as important with regard to the Berne Convention. If there is one thing clear in that convention, it is that registration in one country is registration in all. Have these gentlemen considered the fact that this bill contains a number of conditions of registration ? I think that ought to be looked into. ° ^''* I^'^^NOEPiELD.— Before that is touched upon, there is one point I would like Ml. Brown (o undeiPtand distinctly. He held up this "The Men of the Moss Hags " and said that if this law was in operation we should be deprived of the colonial edition and should be confined to the $1.50 edition. Mr. Bkown. — No. Mr. Lanoefield.- I think that is what you said. Mr. Brown.— I said that if the proposed Act is to be enforced, we could not have the cheap editions, but under the present Act we could. Mr. Lancefeld.~I am going to show that we could. Section 8 of this impor- tation clause applies only to the author and provides that he has the exclusive rights m his own hands and can set the price. It does not touch the liceuse clause at all. It is only when the author has registered for his own exclusive copyright He can fix any price. The moment a book is registered, the colonial edition is shut out, but until the book is registered any edition published in England can come whether the colonial or any other. We want that point emphatically understood as It gives the people of Canada the chance to receive all the editions that come in 'up to date of registration. If the book is not registered, and application is put in for a license, the author still has the opportunity of getting the exclusive copyright and he can set his own price. If he refuses to avail himself of the opportunity the license goes to the man making application. As Mr. Rose has told you to-day if the author of " The Men of the Moss Hags " wished to have a copyright in Canada he would have had two opportunities to secure it and also that the Canadian publisher can produce the book for 6Jd. in Canada as is done in England. It could then be sold for 50o. or 75c. a copy, and that is the price at which it is sold to-day 1 do not speak from the point of view of the publisher, but as one of the great body of readers in this country. I am a reader and come in daily contact with readers and I believe that if there is one point in this bill that should commend it to your appro- ._- ..is,.„ ., i^.j ,!!.».. .tnsj^tn^i it lo luou It will rcuucu mo price of books to the people of Canada. That is why I have taken such an active part in this agita- tion. The draft bill gives us every opportunity, until the book is published in Great Britain or in the United States. But the moment it is published in Canada it stands to reason, owing to the peculiar ciroamstances of the Canadian market the people will have the book at a cheap price. We cannot publish a five dollar b'ook 16 DEPARTMENT OF AORWULTURE. we muBt pabHsh a fifty cent book, for that is the natural price, especially if the book 18 a novel. The Canadian edition cannot bo high in price l^"^'""/ " ^^e oooK Mr. BaowN.— I did not say it would. i«f *5k ^^''DY.-Reforonce has been made to the Berne Convention. It fell to mv ot to be an adviser as an expert when the convention was formed. It wag pSt^n Its present shape for a purpose, the object being to make it as simple as poSdble We sought to make it like the Postal Convent.on-so that it would work Te f in the countries to which it applied. The second clause undoubted^^y excludeB thS ti!t/ 'Th'^''''''*V""' .^"u' '*'''•"•« '^^''"^ ^"'"^^ on the ContinU of Europe that since the amending of that convention Germany has of her own ac " aban. doncd registration in that country. There are circumstances in which iv, .aUon may be necessary and desirable. But registration .s attended with hTs weakness- h« tS« "O'e you hamper the title to copyright with forms the more you weaken the title. And in that connection it is desirable as far as possible to dispense with anything in the shape of unnecessary registration dispense witu Mr EoBEBTSON.— As to the clause of the Borne Convention which has been referred to does not this general declaration in the draft Act cover the case ? "Every worfc of any author entitled to copyright under this Act," &c. It seoms to me hat this covers the case In this con nee tio*n 1 would like to refer o certain resolutions passed by several societies in the west antagonistic to the arrangement we have come to with Mr. Hall Caine. These ^ocieties^ are affiliated mi?e or less with the publishing mtarest-such societies as the Canadian Society of ArLte and the Canadian Institute-but they evidently have not informed themselves of the actual nature of the draft measure. They object on the ground th,?t we propose o exclude them from the privileges of the Berne Convention. Of courslthe . ?e8olu^ SiHiftii^'Btt'si^rtir ^■^"' '' ''''-' ^^^^- ^^" ^^^-' ^^"^ - ^> blueto^t^hi^jfoSn^^^r^^^^^^^^^ ^-^ "Pon the Mr, EoBERTsoN.— I desired to point that out because I notice that some of the newspapers have been reproducing these paragraphs and, of course we cannot send Low I'hSrp'' 'h • ""^ newspaper. It might be well that these 'societies should know that the Canadian Copyright Association has not endeavoured to deprive any of these associations or interests of the rights they possess "«P"ve any thel^rn^Co^^urr '^"'''"•--'^'^^''^'^* °^" '^^"s" "^^« ^« '^ ^^P -'^^^ Mr. Rose.— Yes, sir. Mr. Dawson.— This is the clause to which I referred. "The enjoyment of these rights IS subject to the accomplishment of the conditions and for, aJliti^ prescribed by law in the coun ry of origin of the work." Therefore there is no neJ^ssTty for registration, except in the country of origin. cucoaity lor Sir Charles Hibbert Tupper.— There is no necessity under this draft Mr. 1>AW80N.— There are in this a number of conditions of registration and T merely a.ked the gent emen how they reconciled this with the Berne Convention Mr. RosE.—J would call Mr. Dawson's attention to this clause " every work'o^ any author entitled to copyright under this Act, is to be considered as^enjoyin; « ll&u- '" ^^T"^* '''^}''"^^ printing, publishing, or reproducing, or reprinting^ republishing and reproducing the same in Canada, subject to the restr ctioS hereinafter set forth as to a book, provided every such woik may be registered ?n '♦ the manner hereinafter provided," etc, ^ "g'simeu in Mr. Dawson.— And one of the " restrictions " is registration Sir Charles Hibbbbt Tuppeb.— There is a great deal to be said on both sides Some such proyision as is in this draft has been considered by very hi^U anthoX lO be quiie witnm the Berne Convention. ' ' "^ "-^ Mr. Dawson.— It was made a reproach to the Act of 1889 that under it reeis- trution was required. '"5««» Sir Charles Hibbert Tupper.— But under the Act of 1889 a condition of codv- nght was manufacturing here. Under this draft that point is conceded ^^ COPYRIGHT CONFERENCE. 17 Mr. LANOEPIELD.-.I would Ilko to refer to another remark made br Mr DaW^ wn.n^Ti'K"^ ""*i ""•^''* *•?" ^«'*"« Convention the author retS cLuol of hfs' Mr nA^T"^"''•|^^'^"■"V°"• ^c^" '^' «"^«"«« of ^he Borne Conven ion imponanurJio"' """"^"^ '"^^ ""• ^'^^'''^"^ ^'^^^'"^ Supper to decide that to adler^^oTeXre^^^on^f nUon''* '' '' '''' ^'^^''"^ ^"^ '""^ ^^""^ ^^ ^^« P-P'« Mr. EoBERTSON.— Yes, if at all possible. tion r thi^kfC^-f""'^ '*'^ ^^"*; ''*'"® "^^ "'"^ agreeable to be in the Berne Conven- qZ«J L .^ ■ .1'^ ""^ "^^'"^ °"^ to-morrow we should not suftor much. The Sed States .s not in the convention, yet does not appear to be isolated w to suffer If Mr Kwsov^ Tr ""'' '"rf'^«t«'-« cl«"«e. we desire to remJi ' "'' ^^ Mr. mwsoN.— But you would not retain your manufaclurinff clause Mr. RoBERTsoN.-lf the discussion on the general Doints ircloHfld f'wn„lH ri, to refer to another paragraph in the draft wluch^e subSL tSLToiLra ion o? the Government. We have been unable, though we have wired to wl^hlno^on ?n get a copy of the clause in the American Aqt Washington, to Sir Charles Hibbebt Tupper.— Wired to Washington ? I tr,S'M"rSb^tnn LT^:s.7ti";sr i^ «°' '^°-» "■° ""-^ "- ' on £'aT''Z,'';^J^.'''^^uT*''''^ """•" ""» ' <">' °f ""> collection of books up on tne llill. ±Jut there should be some nrov sion— and in thia ..oi.,»;,»„ t i 5 to see the Premier.here. who, as an old t^po,' will ap^tcLe'Thrpoint" \ 7Jt make-some provision other than that already made to copyright separate art^ «vl «"''^TP'''' ^ "^'^.T^r ""^y ^^'^^ «P««i«l articles writ en at c^nJiderable expense, ,n the use of whicL ihey desire to be protected. I have discussed th« matter with the department here and I find that under our nrelen? Trw ,^« 1 unable to copyright such articles, unless we send do^. a pdnLd copy ifThe nanir and pay the fee to have it all practically copyrighted. Under the'^^Un ted Ca law, as I understand-and it is only a few weeks since this w«« AnL „ ^ t ®! eure that it is in print-the newspa^per publ" her on filli ig o^^ formV„d inclos,"' w ih iK^ ^"' ^^ *'f *'■''"'* ^^^'^^ "'*'«'« *"'«'« "»*l depositing t in the post officf 7h«5i 1"'''''h'"^ ^'1 f""'"' ^^^ copyright. I think that it was only recent vUiis change was made, and I was also to d that it was not in the last nnhli"^«fjn» k 1h t^ ^o'or Can'adr t^l^k^ a;;X"g"'r tiinTthe ' '-r ' ""^ the Government will be struck with thf fairness TmakL Lm^such aSan^emnnf as except for interim copyright, we have nothing at allVes^gned to cover^such *' case We may employ a man to write up a special subject paying him a fa Je «7im font, or we may want a cable despatch. WhV should we Jot be e mhf«H tf right a cable despatch ? These thfngs involve^us TconrideJaL exrens^a„d Th^v" should we not be entitled on payment of a fee. to copyright them. ^ ^^^ wi"' f°5^--<^0Pyr '^tralion, and »ach pe,-#on at tho time right book, 80 printed and p«hlJ»*!«d in Canada '^ ^"P^" f^ K '^;» T*"*^ "/°^ Pu "''« "''*"• •"^* ^"^^^ '**«"> f *>« ^at« of publication m Canada oauiia iS..t!. ''"'k'"'* " '**^ ^®°** °'''^* *1"'""<'^' '" ^"«^». three copirors, h SodvhS photoKi-aph, or dramafc composition, pr,.. led or p^duced in Can^u TrTn fhe case of an original painting, drawing, Btatuo, 8culpt»re, print or enKravbff madeor produc^ ,n Canada three copien or three photographs' of iJesimS^'^' ''^^''' fK« Ho ft ' t® *^uT'*'^ publication of any book in the country of oriain and until b'eVnJ^i^^JrelT pSThlbiTer "• ^'^ '™'^"*"''^" ^^ '"'^ ^^^'^^ «' ""^ ^'^ ^-^ "^«l! thereon, not more than two copies of such book at'one timS, Lnd 2ont Vn the oal^ of newspapers and magazines, not containing in whole or in part maX coSvHlh?ed o??h« ''\Pr'«'?°« o^^his Act una«thori?eu by the autho'^^anrixcept Rf e^spe^^^^ of the book lawfully printed in the United Kingdom and published for circulation and S« hi' Pr^''° ?r'"' ^^i^'t bookshall be allowed toento Canada uS ^ki^oisralU "^;,\^.,?P^'-^gh^ Canadian edition; after which both i? and all o he editions shall L ^ohi'- ^d except as to tho two copies aforesaid. 11. And ;>r,;i;iderf further, that in the case uf books printed in the Prannh ^Z;?' which in TJ^P, 'rf r- "•^'^^ '*'•« «"Py"«hted ^nCald:, an3 f aTst tionsot wh ohm the English language are not copyrichtod in Canada ihax^lo. in «hn P°^ '"^Portation shall apply only to copies of such books as may be prinC n the French, German, or other i^oreign language, and the importai on ^ rang lations of said books in the English language shall be permitted P'"'*""" °* ^'^*"«- „. }f' ^\ «ye''y case of registration in tho copyright rogister'under this Ant thA NOTIOB OF OOPYRIOHT. 10. No person shall bo entitled to the benefit of this Act unless notice is eiven of the copyright being secured by causing to be inserted in the sevoS confeJof every edition thereof published during the term secured on the thle 3e av^nnih^ page .mmediately following, if it is'^n book-or if it i^ ^ map cha?tTr' dramatic composition, by causing to be printed or impressed on the facrthereof-or if iH« a SontLZr"'«r\K' ^^I'^Sr^l?^^ bj rvlnting or impressing upon some vis ble Tvo n^ATr^J °' °K '^^ ^"'^^t^nco on w. i> the same sLll be mounted-or iHt is J^nt^^and j.o„ameoft^epiXy?J^.H. Ju^ S^:ily7^CZ::;;r^^^^^^^^^ '"^'"««« •'^'"•- of thepS-shairiJal COPYRIGHT CONFERE ^K. ' M OOPTAIOHT CNDIR Lloh n»|!, .Inmim-;/^! !''!'''* has been publUhea 8imull»no .«Hly in a,,^ part of the Britiib dom niohs an J in a foreign country, or met versa, but not reirUtLied at the de oarU ment or siraultaneouHly published in Canada; or "«"^wieu ftf me depart- 2. [fa book has been publlbhed in the country of . iirin and published or announced for nublication wrthout copyriKht, in a foreign cou^.t;y ; or'^^ ' "' Dublfshid wi^IIin rj«S I ''" regiHterod for publication in CanaJa has not been bo puDiiHhea within the 60 days piescribed as aforesaid ing ctnifitiLrr """'' ""' *^'''"'^"* ^°'' '^" publication in Canada, sabjecfc to the follow- conditions or licicnsk. 12. Applications for a license shall bo received by the department- S^, ' '}^u ^n**®."*" " '■««''*torod book the license shall only be granted on the expiration of the 60 days proscribed by this Act. Kr»nteu on me (b.) In the case of a book not registered, it may be granted subject to tl d restnctions specified in this Act atany time aftc;r first publication IreoTelsowhor*^ 2. Applications for n license shall state the retail pri«e or prices at which it if* proposed to publish said book, and applications shall involve the appUcLts in a« Sor a';.' alty of ten per centum upon the publisher's retail price of the several copies of every edition ot the bookwh.'ch is to be. or which mav be, published under license; provided, that ,n no ca e is such royalty to be less than tiro and one-half Z n ?n iT n ''P^J ""^'".V5 'i"y«'^>' P«y'«<'"t «" 500 copies of the edition, shall be made to the Department of Inland Revenue. I.olbro any copy or copies of ary edition ?L^f.. ""^ "° P''"'"^ ""'^*'' '•'''"^^ «^"" ^^ published or otherwise dispos^ed of by lilt? ilCOllOcOa "^ 3. On receiving an application or applications for a license, the Minister shall communicate on the same day by telegraph or cable with the ,.ublishor of" the book (It any) in the country of origin of the book, informing him of the offers made together with the name or names of the person or persons making them. «r.r.li- :?• ""-Tr'" ^^u- ?"''® '®?" ''*y" '" ^"^i^*^ 'o consider said application or SFifemise '"" ^ °^ ^^ '^"^^ "^"^^ '^^^ ^'"''*'«' of acceptance or nnHi*;h/L"".f''P"*'*/i?- *t''*'''®P*^*^'*^''^'"''*^«'' shall forthwith issue a license under the conditions of this chapter to the person indicated in the acceptance. fn Jf. ^^°"''*.^'l® owner not desire to accept the olfer, the said owner is at liberty l^.ZT^'' *" '"■?.' ^T ^"^.''u'^ ^" ^""*'^* ^°'' '^•'"•^«'f ^l-'-i^g ^he ensuing period of hVL ^ "; nil'^*''*'^^^' notice from the Minister ; "ogistration to be made i^,S.!«K'""" I r*"^* ""i London, according to the provisions of this Act, and with n the period of seven days from the date of the notice from the Minister. {a.) Any person who has previously to registration or application for licenso imported any copies of the book specified in the same, may ^he granting of the license the applicant shall agree to print and p..^..^s ...6 &W.-V -m v^anuu.;, wiiaiD ju aays f.-um u.e date of issue of the license from the last authorized edition of the book, in full, without abbreviation or alter' nilt '«.H .t f® text 18 concerned, should the licensee desire to issue the text ony, and without varying, adding to, or diminishing the main design of any prints tt*'!!??'*'""^'' ™aP«» charts musical compositions or photographs, should the book contain any such, and should the licensee desire to reproduce aiy or all of the same in the copies that be shall print and publish ^ 24 DEPARTMENT OP AORIOULTORE. If f»,J*J*rP®'"T "m-®?*'"^? a license shall deposit $100. which sum shall befoiieiteJ If the book m not published in the time speci^ed in this Act f>,« h7!^^ ''m""?- "^«''d«'i^«^t« the department at Ottawa, either before or upon A .f^ 0/. Publication, three copies of each and every book so printed under license- and the Minister nhall cause particulars of the same to be recorded forthwith in the manner adopted by him or prescribed by the rules and regulations made, from time to time, as herein provided. 3. The license may be cancelled at any time by the Minister should it be demonstrated to the sat.sfact on of the Minister, that any new authorized edition of l^Lr hTlK"r'""^®""u^l^u'*'^'''".^'" '*^*^^*'°'' '° the edition printed under said license, but the licensee shall have the privilege of celling or otlierwisedisposin^^ of any copies of such book (but not exceeding one thousand copies) unsold at the date of receiving notice ot cancellation of the license. • H.anl" ff ^".^I'tho.izfcd revised edition of any book which has been printed under irTVt l'"'^''"^^^' '^ ^'' *or the purposes of this Act be in the position of a new book, the licensee may sell any copies of the book in his possession, and may com- pleto and sell any copies in process of being printed under his license ("but not pHft!nn'"^r^ thousand copies) ; but on the copyright owner registering the revised ^nnt ^f?h ^Ta'^^?- ^^^ ^'TT V"^^ "^*'' *^« '^««"««« «hull not print any more copic. of the old edition uader his license, unless the licensing authority authorizes him so to do on the ground that the revision is not a substantial revision (a.) Should the author fail to register such new edition as provided for herein the license to print the same shall be given to the original licensee for such book.' but m .he event of his not accepting the renewal, then to the person making the highest offer without further notice to the author. , ^ A,, ^i On leceipt of the first application for a license, under the provisions of this Act the Minister, by notice published in the Canada Gazette, shall prohibit the im- portation while the author's copyright or that ot the assigns of the author is in force subject to the provisions of this Act us to importation, of any copies of the book to which buch license relates. j^ j^ ^^ «• Ant ^K^irt.'"^ book printed under license, in accordance with the provisions of this Act, shall have notice thereof given by causing to be inserted in the several copies of every edition thereof, printed and published during the existence of the licensTon the title page, or on the page immediately following, the words, "Canadian edition printed under license No -."together with the year the license' was issued? and the natne of the licensee, thus, "Canadian edition, printed under license No.— 18- bv michnoS "*™*' " business address of the printer shall immediately fol'low «*« '^' '^S?JTl*^^"'??" books published under license shall be collected by the officers of the Inland Revenue Department and paid without deduction under regu- lations to be made by the Governor in Council to the persons entitled thereto, and ?Mh««T/ "T^ ^?^^ '^^" ^^^^ P'-i"ted upon its title' page words indicating' that it 18 issued under a license granted underthis Act, and shall have impressed thereon ^stamp showing the payment of the royalty. ^ r.oou tuwreon SERIAL OOPYRrOHT. whinl^iu fi"^ "*u- 7 7'*''^ intended to be published in pamphlet or book form, but which 18 first published in separate articles in a newspaper or periodical, may be tm/nTtK''^ '•eg'slered under this Act while it is so preliminarily publishe^lf the fhi nfri *' "'. r** "" 'f^^""^ '^""'^ ""^'y«'« ""^ the'^p.oposed book, together with I^?hnr„' * w'^'T,!'^" copyright owner, and the name and address onhe author, are registered at the denartment. and if ftvoi-xr Qor»....of« „„.:-!„ „ ki- ^-j is preceded by" the words "Copyright, 1896," and ~such'7egistr:;ion;h;il';"ecure"to the owner copynght in such literary work, but the book when published shall be subject to the other provisions of this Act. ^ "ueneu snau oe COPYRIGHT CONFERENCE. 25 Of upon Iiccn8e; SERIAL COPraiOHT UNDEB LIOBNSE.' K^^i^V^?*?®,^,®''*^? entitled to the right of aerial copyright as provided for herein, fails to take advantage thereof, any applicant, being the publishS of a new« paper or penodcal printed and published in Canada raarmakeapS Minister for a license to print and publish the work serialfvTthe newsnair nS periodical of which the applicant is the publisher ^ newspaper or «Wll^; ^1 '•eceiving from a publisher such an application for a license the Minister n«t^in« ^ «'^'»« day communicate by telegraph or cable with the publisher of the newspaper or periodical in the country of origin publishing such work offorLi the rcepier "PP"^''"^''' ^"^ ^^^S "f tbe%wLr wish%uch rppllSn tf be rr.-i\?' ^J?o^"or shall have seven days in which to consider such annlication within which period he shall notify the Minister of its acceptance o^othe^w se "' pnblL^'maliTglra'pHcUor^ '" '^'^''''" ^'""^-"« ^ "-"- *« '^^ i;k« ?■ ^^^^''^ "**® ^'^"®'^ °*** *^«**'"^ t° *««ept the application, the said owner is at liberty to arrange for serial publication of same in Canada within 60 dayr?rom the notice, registra lon to be made by the owner at Ottawa or London acSnVS th! Fh« n'rr?^ ^'^Vl'^"^'.'^."^ ^'^'^'° *^« P«''«d of sev^n daysfroTth^dlof recewfnff the notice from the Minister, and at the time ofregistrationdeposit the sum of «7n.f which sum shall be forfeited if he fails to commence publisEi?g^'„ the time s£fie^^ ,-««n ^;.®'{?"'d "<> answer be received within seven dJys, the Minister m™vfo?thwith issue the license on payment of the fee as hereinafter provided ^ forthwith „n*; J" ix®" '^® Minister may at any time issue a license for the serial nuhli re!rnaft:?;r3er' '"''"'*' "^ "^^ ^^ ''' ^^PP^^^^^^ ^^ payment of'the Sfas" l„„o^ ^^® «aid serial license shall convey the exclusive right to said licensee hia \lfly\^''^''^^^'^^f,^'^'i^ »i-tiole so published under license shall be preceded hv thA words "Published under license," together with the year of "ssue ofthe license^^^^^^^ the name of the licensee, thus, " Published under license, 18--, by A B" and the business address of the printer shall immediately follow such notici^ ' * ajTreem^STwUhThli,'!!! ^'^'^ "f ^ '^"^^ copyright, whether so published by agreement with the author, or under license as above, shall, when published in hnnl form be subject also to the other requirements of this Act. P'^*>'>«hed in book te^Ii.^- LL'°!?T, '««'?«.'^ "°der this section preceding shall be entered in th« ^'"y^T&tj vupjxigui rogisier. n«f ^^'}° ^r^y ^^^^ of serial registration under this Act the Minister shall cause TlS'pit '"^'^''■*"°'* *° ^' '''««»'^«'i 0"°« i° the Canada Gafelie sty., c Ss! 26 DEPARTMENT OF AORIOULTVRE. DEPOSIT OP COPIES. CONFLICTING CLAIMS TO COPYRIGHT. INFEINGEMENT OF COPYRIGHT. t},«.£?fl^r'i^ '^^T" ^''°' ''^'Ibout the consent of the author or lawful nronri of ietop any COPYRIGHT OONFBRENOB ' ' 27 On registering a copyright " On application for a license . *^ ^^ On registering an interim copyright." ) J 2^ On registering a serial copyright S ^? On registering a license in seHal copyright V^ffi';;*;;'"" 2 ?? On registering an assignment .... *^-^^°' ^^S^^tQi 50 lor a certified copy of registration.' '.V."."."'.'.' J 22 be maS: ^-^ ^°^"^ ^^^°---^-'^^'-b;;:me;t;o;;d;';h:f;i;^ ^^ai For every single or first folio, certified copy ^n «. nTLtdTnrfiftv'not"h'-"^^'« (Slctionsunde; o; ^' '' Mi.L? J^l" t^-;^^^ unde:;his Act hy the and |eS^l?rGr:Cl"d th^ Canada: ^™ P*'^^ <^* ^Jie Consolidated Revenue Fund of in 4-' »' -"-"i-^^^^^^ "7 ''» "' -"•"«» P^y""" ahall be r.t»™d to the porBoa who paid" 38 V_ Si"", Is."''""' "'"' °° '^'f"'* GENERAL PBOVISIONS. -^^^^^^^^^^ -d- this Act fails to take the^book for Which copyright (b^Srh^tgTe^ranJ'S^ ^ttav^^^bl^el right^aVonhTrSmit Sf^St 'mlv^h^ *'^ :i^^^^^^e"^" «^ " --' -P^ or of his legal representatives by a'T Irson Lrnn™r^' '? *l° "^ « "^ ^l^^ "'^th^r /author or legal representatives 2d aifyPdal^SeJ hi f f ' h'^" "^^"' ^^^"^'^ neous assumption of such authoritv shall h^S^ll ^^ * fraudulent or an erro- jurisdietion. auinouty shall be recoverable in any court of competent sent Ty ^.Trll'lf X%%Z^:^^^^^^^^^ ffit" ''^ 't' «^ ''"^ P«'-" '^ -pre- representation of suih scSi^Jrob/ecf ^38 ^* TslTlt '"^^"^'' '" '°'^^°*^«' drawfby anyri::;:r et^trin : ^''py['t' ''^^^ "-^'---t invalidating such instrument bu? when dis^nLtr/K™'°' '4" "''^ ^« construed as authority of the Minister. 38 V 7 88 ^''S ^^^^ "^^ ^^ corrected under the evidenle, wi^roKuXr^'^oS wl^^^^^ *'h^ department, shall be received in 88, 8. 21. P ^* '^"'^ without production of the originals. 38 V., c. 28. The Minister mny. from ti mo fn ti^^ --hhrf fn -h • - ernonii Uouiicii, make suoh thIab o",„T -m- ....t.j^ct to iho approval of the ttov- appear to him neceTary Tl exnedien? fniT« "''"°''' *"J,P5^««"be such forms, as lations and form8%ircula?ed inTilrfL th.^l'^^^^r' "^ ^^'' """^ «»«h regu- correct for the purposes of this A^t • Z.llu a °^ ^^"^ P"''"^' '^"^^ ^^ deemed to be the Minister, shSll beTeld va id s„ 'f^r « f««»raents executed and accepted by this Act. 38 v., 0. 88 8 2 ' ^' "^^''^^' ^ **" «®°'^' proceedings^ under 28 DEPARTMENT OF AGRICULTURE. OFFENCES AND PENALTIES. fi.. J?;k'^"^ pei-Hon publicly performing or represontiog any dramatic composition for which a copyright has been obtained, without the consent of the lawful owner thereof or of the legal representatives of the lawful own«r thereof, shall* bo liable l°/noM« r^'fifl'^Tf?'^ ^'/° the court shall appear to be ju.t. Sucb damage to performance '"' '*' ^'''^ ^^^^'y-^^e dollars for each subsequent «, ^P' ill,*" *^""°f .»'*^»'"g V"^®*" *^® '^^« respecting copyrights, the defendant may plead the general issue, and give the special matter in evidence „K II iT" ^'^ »«*'on^O'' prosecution for the recovery of any penalty under this Act. shall bo commenced more than two years after the cause of action arises. 38 V c! oo, 8. J7. '' 32. Whenever in this Act any term is stated, as being the term within which any book is to bo printed and published in Canada the Minister may grant an exten- sion of time of thirty days m which to print and publish such book, should it be demonstrated to the satisfaction of the Minister that such book has been arranged or 18 m process of being produced in Canada, but that its completion and publication 18 dehiyed owing to fire, flood, or other unfoieseen circumstances. 33 Every person who wilfully makes, or causes to be made, any false entry in any book kept for the purpose of registration Under this Act, or who wilfully nro- duces or causes to bo tendered in evidence, any paper which falsely purports to be a copy ot an entry in any of the said books, is guilty of an indictable offence, and liable to years' imprisonment. * 34. Every person who fraudulently assumes authority to act as agent of a copyright owner for registration, or for the registratibn of a serial copyFight or a copyright 18 guilty of an indictable offence, and liable to years' imm-ilonraent. + I,- ? ; ^^®''y P.«''8on who, after the registration -of the title of any book under this Act and while such registration remains in force, or after the registration of a copyright in any book, and while copyright therein subsists in Canada, prints or lepnnis or publishes, or republishes, or causes to be printed or reprinted, published or republished any copy of such book or of a translation thereof, without the consent ot the copyright owner, and without having a license so to do, or knowing the same M h!?nn*T^ P'm^^''' reprinted or published, sells, or exposes lor salefor causes «ifi!-L K • ' "'"'u ?.'■ ^^P^^?.'^ for sale, any such copy, without such consent, and without having such license shall forfeit every such copy of such book or translation to the owner ot the copyright, and shall be liable to a penalty for every such copy Which IS found in his possession, either printed or being printed, or imported not exceeding one dollar and not less than ten cents, which forfeiture and penalty shall be enforceable and recoverable at the suit of such copyright owner in any court of competent jurisdiction. H.O ^^' ^7!'"^ P®"*^"*." ^^""^ f^*®"* *^^ registering under this Act, of any painting, drawing, statue or other work of art, and while copyright of such work subsists in Canada, reproduces in any manner or causes to be reproduced, made or sold in whole or in part, any copy of any such work of art, without the consent of the pioprietor, shall forfeit every such copy and the plate or plates on which such leproduction may have been made, and every sheet thereof so reproduced, to the owner of the copyright, and shall be liable for every such copy, and for every sheet ot such reproduction published or exposed for sale, to a penalty not exceeding one dollar and not less than ten cents, which forfeiture and penalty shall be enforceable diction^^^^'"" *^ ^°'^ ^^^^"^ copyright owner in any court of competent juris- 37. Every person who, after the registering of any print, cut or engravinff or ?.?&''*Pi''."_^"'":^'"*'' '** ^^"^ provisions of this Act, and while copyri|ht thfrein in >~t J ««„..„„ A , u a' oDf raves, etches or works, sells or copies, oV causes to be engiaved, etched or worked, sold or copied, either as a whole or by varying adding to or diminishing the main design, with intent to evade the law, or who prints or reprints or imports for nale, or causes to be so printed or reprinted or imported for sale, any such print, cut or engraving, or photograph, or any part thereof, without OOPYRIOHT CONFEREXCE. 29 the consent of tho proprietor of the copyright therein or who knnwin