§ (1) Where any person is immediately before the commencement of this Act entitled to any such right in any work as is specified in the first column of the First Schedule to this Act, or to any interest in such a right, he shall as from that date be entitled to the substituted right set forth in the second column of that schedule, or to the same interest in such a substituted 2187 right, and to no other right or interest, and such substituted right shall subsist for the term for which it would have subsisted if this Act had been in force at the date when the work was made and the work had been one entitled to copyright thereunder:
§ Provided that—
§ (a) if the author of any work in which any such right as is specified in the first column of the First Schedule to this Act subsists at the commencement of this Act has before that date assigned the right or granted any interest therein for the whole term of the right, then at the date when but for the passing of this Act the right would have expired the substituted right conferred by this section shall, in the absence of express agreement, pass to the author of the work, and any interest therein created before the commencement of this Act and then subsisting shall determine; but the person who immediately before the date at which the right would so have expired was the owner of the right or interest shall be entitled at his option either—
- (i.) on giving such notice as hereinafter mentioned, to an assignment of the right or the grant of a similar interest therein for the remainder of the term of the right for such consideration as, failing agreement, may be determined by arbitration; or
- (ii.) without any such assignment or grant, to continue to reproduce or perform the work in like manner as theretofore subject to the payment of such royalties to the author as, failing agreement, may be determined by arbitration, or, where the work is incorporated in a composite work and the owner of the right or interest is the proprietor of that composite work, without any such payment;
§ The notice above referred to must be given not more than one year nor less than six months before the date at which the right would have so expired, and must be sent by registered post to the author, or, if he cannot with reasonable diligence be found, advertised in the "London Gazette" and in two London newspapers:
§ (b) where any person has, before the twenty-sixth day of July nineteen hundred and ten, taken any action where- 2188 by he has incurred any expenditure or liability in connection with the reproduction or performance of any work in a manner which at the time was lawful, or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the passing of this Act, have been lawful, nothing in this Section shall diminish or prejudice any rights or interest arising from or in connection with such action which are subsisting and valuable at the said date, unless the person who by virtue of this Section becomes entitled to restrain such reproduction or performance agrees to pay such compensation as, failing agreement, may be determined by arbitration.
§ (2) For the purposes of this Section the expression "author" includes the legal personal representatives of a deceased author and the expression "composite work" means any work in which works or parts of works of various authors are incorporated.
§ (3) Subject to the provisions of this Act as to copyright under the Copyright Act, 1775, copyright shall not subsist in any work made before the commencement of this Act, otherwise than under and in accordance with the provisions of this Section.
Mr. DUNDAS WHITEI beg to move to leave out the words from "the," in. Sub-section (1) ["such substituted right shall subsist for the term"] to the end of Sub-section (2), and to insert instead thereof the words, "same term as that of the right for which it is substituted."
I move this Amendment in order to protest against what is retrospective legislation. I do not mean to raise any question as to works produced in the future, but it seems to me the House is doing a very strong thing if it extends the copyright of existing works. It is, of course, common knowledge that as soon as copyright runs out cheap editions are produced, and we should be very careful about extending the copyright and thus shutting out the prospects of cheap literature in existing works. I should like to give one or two instances which I think may be taken as fair samples. Mr. Herbert Spencer died some seven years ago, and consequently the provision with regard to seven years from the death of the author does not need to be taken into account, and the forty-two years copy- 2189 right only applies. In his case any work which was brought out before 1870 is now out of copyright. There are some important works brought out since 1870. The second edition of his "Principles of Psychology" were brought out in 1872, and according to the law they run out of copyright in 1914. His "Study of Sociology" was published the next year, and it will run out of copyright in 1915. A further work will run out in 1918. The effect of the provision as its stands will be that all these will remain in absolute copyright till 1933, and in qualified copyright till 1953. In the case of Lewis Carroll, "Alice in Wonderland," being published in 1865, runs out of copyright in 1907. If you take the companion work, "Through the Looking Glass," it was published in 1871, and its copyright will expire in 1913. Under the proposed provisions that copyright will be extended in absolute form till 1928 and in qualified form till 1948. It seems to me a very serious matter that works of that character should be kept in copyright after the time when under the existing law they would expire. I know it is said it is done in order to co-ordinate the law of copyright, but I venture to think if the proposal had been, not to lengthen, but to shorten, the term of copyright, we should have heard nothing of this co-ordination.
§ Mr. CASSELI rise to second this Amendment as a protest against this Bill being made retrospective. I consider the Bill, having been made retrospective in a way contrary to sound principles of legislation, will work grave injustice in individual cases.
Mr. BUXTONMy hon. Friend will hardly expect me at this stage to accept an Amendment which cuts at the root of the Bill. The matter was carefully considered in Committee, and I do not think I need really follow the various arguments he has put before the House.
§ Question, "That the words proposed to be left out stand part of the Clause," put, and agreed to.
§ Sir W. ANSONI beg to move, to leave out the words from "expired," in Sub-section (1), paragraph (a) ["but for the passing of this Act the right would have expired"], to the end of the Sub-section, and to insert instead thereof the words, "all right to copyright under this Act, or otherwise, shall cease and determine."
I am sorry to intrude on the time of the House, but I must call attention to a point 2190 raised in Committee, and to the extreme inconvenience which may arise in the case where an author, or joint authors, have assigned all rights which they contemplated to a publisher. The purchaser of their rights when their own copyright is run out will, after a lapse of years have to look about in search of a representative of one of the joint authors who may have-died years ago. Take the case of A and B, who made such an arrangement in 1870. A died in 1878 and B in 1913. In 1920 new rights would arise no one contemplated at the time the bargain was made, and the unfortunate purchaser would have to look about for the representative of an author who died fifty years ago. I venture to think this is a matter which the Solicitor-General might consider, and, if he is prepared to say it will be considered in another place, I shall be satisfied and will not press my Amendment.
§ Sir J. SIMONI think the right hon. Gentleman will find the Amendment to be moved by the President of the Board will to some extent meet the matter.
§ Amendment, by leave, withdrawn.
§ Amendment made: In Sub-section (1), paragraph (a) (ii), after the word "payment" ["subject to the payment of such royalties"], to insert the words, "if demanded by the author within three years after the date at which the right would have so expired."