HC Deb 14 December 1837 vol 39 cc1091-3
Mr. Sergeant Talfourd

, in moving for leave to bring in a bill to amend the law of copyright, observed that the Bill he now proposed was in substance similar to that which had been read a second time in the last session. It differed however in two points. The bill of last session was not confined to literary works, but also combined within its objects painting and engraving. It was suggested to him that the clauses referring to these matters only encumbered his Bill. He considered that the law relative to painting and engraving, and especially statuary, was in a most degraded state. When he had carried through the present bill he intended to introduce another, which would consolidate the laws relating to the fine arts. With respect to the second point, international copyright, it had been suggested to him that it could be most safely left in the hands of the Government. He suggested that a power should be given by which the Queen by an order in council, should extend protection to the works of the natives of any country in which protection was afforded to the copyright of British authors. He moved for leave to bring in a Bill to amend the law of copyright.

Mr. E. L. Bulwer

sincerely thanked the hon. and learned Member for his introduction of such a Bill. He was sure the House could not be aware of the extent to which literary piracy had gone. As soon as a book was published the press of France reprinted it at one-fifth the original price, and the country thus became deluged with foreign piracies. He thought the Government ought to take steps to prevent such occurrences.

Mr. P. Thomson

said, the hon. Gentleman had acted wisely in leaving the part of this Bill relating to piracies to the Government, which had already taken the matter into serious consideration. He removed many objections to the Bill by confining it to copyrights at home, for the other matter was so mixed up with Custom-house regulations that it was full of difficulties. He trusted, however, that Government would be enabled to succeed, and it had already considerable negotiations going forward upon the subject. He would early after the recess, introduce a measure on the subject, which would, he hoped, insure the result of the explanation he had caused to be entered into with foreign countries, establishing with those countries a reciprocity of interest with respect to copyrights.

Sir Robert Peel

thought that the hon. and Learned Gentleman had acted wisely in separating that part of his Bill which related to the fine arts from that which applied to authors. He was of opinion that it would have been more convenient to enter into the discussion upon these two subjects as two separate measures; but he was sure that the same principle applied to the fine arts which applied to others. The sculptor and painter were entitled to similar protection. The present state of the law was exceedingly complicated with respect to the right of those parties to protection. At present the rights of the painter and engraver appeared to stand on very different grounds from those of the author. He believed the subject had not been thoroughly inquired into before a Committee, and doubted very much if his hon. and learned Friend's purpose would not be materially aided if he moved for the appointment of a select Committee to consider the question of sculpture and painting. The subject, might have been inquired into by some former Committee; but, if not, it was so difficult that they could not approach it without great disadvantage, unless some inquiry was previously made.

Mr. B. D'Israeli

would be extremely happy if an expeditious and inexpensive mode of redress could be established against the system of piracy that was carried on. He had been requested to give his support to the Bill by some of the most eminent literary characters. It would give him great pleasure if the subject was taken up by her Majesty's present Government, and he would be glad if the law was perfected even under their auspices.

Leave given.

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