HC Deb 17 August 1911 vol 29 cc2190-3

(1) In this Act, unless the context other-vise requires,—

"Literary work" includes maps, charts, plans, and tables;

8.0 P.M.

"Dramatic work" includes any piece for recitation, choreographic work or entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise, and any cinematograph production where the arrangement or acting form or the combination of incidents represented give the work an original character;

"Literary work," "dramatic work," and "musical work" include records, perforated rolls or other contrivances by means of which a work may be mechanically performed or delivered;

"Artistic work" includes works of painting, drawing, sculpture, and artistic craftsmanship, and architectural works of art and engravings and photographs;

"Work of sculpture" includes casts and models;

"Architectural work of art" means any building or structure having an artistic character or design, in respect of such character or design, or any model for such building or structure, provided that the protection afforded by this Act shall be confined to the artistic character and design, and shall not extend to processes or methods of construction.

"Engravings" include etchings, lithographs, wood-cuts, prints, and other similar works, not being photographs;

"Photograph" includes photo-lithograph and any work produced by any process analogous to photographs;

"Cinematograph" includes any work produced by any process analogous to cinematography.

"Pirated," when applied to a copy of a work in which copyright subsists, means any copy made, or imported in contravention of the provisions of this Act;

"Performance" means any acoustic representation of a work and any visual representation of any dramatic action in a work, including such a representation made by means of any mechanical instrument;

"Delivery," in relation to a lecture, includes delivery by means of any mechanical instrument;

"Plate" includes any stereotype or other plate, stone, block, mould, matrix, transfer, or negative used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which records, perforated rolls or other contrivances for the acoustic representation of the work are or are intended to be made;

"Lecture" includes address, speech, and sermon;

"Self-governing dominion" means the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland.

(2) For the purposes of this Act (other than those relating to infringements of copyright), a work shall not be deemed to be published or performed in public, and a lecture shall not be deemed to be de-livered in public, if published, performed in public, or delivered in public, without the consent or acquiescence of the author, his executors, administrators or assigns.

(3) For the purposes of this Act a work shall be deemed to be first published within the parts of His Majesty's dominions to which this Act extends, notwithstanding that it has been published simultaneously in some other place, unless the publication in such parts of His Majesty's dominions as aforesaid is colourable only and is not intended to satisfy the reasonable requirements of the public, and a work shall be deemed to be published simultaneously in two places if the time between the publication in one such place and the publication in the other place does not exceed fourteen days, or such longer period as may for the time being be fixed by Order in Council.

(4) Where, in the case of an unpublished work, the making of a work has extended over a considerable period, the conditions of this Act conferring copyright shall be deemed to have been complied with if the author was during any substantial part of that period a British subject or a resident within the parts of His Majesty's dominions to which this Act extends.

(5) For the purposes of the provisions of this Act as to residence, an author of a work shall be deemed to be a resident in the parts of His Majesty's dominions to which this Act extends if he is domiciled within any such part.

Amendments made: Leave out the words "'Literary work,' 'dramatic work,' and 'musical work,' include records, perforated rolls, or other contrivances by means of which a work may be mechanically performed or delivered."

After the words "'cinematograph' includes any work produced by any process analogous to cinematography," insert the words: "Collective work" means:—

  1. (a) An encyclopædia, dictionary, year book, or similar work;
  2. (b) A newspaper, review, magazine, or similar periodical; and
  3. (c) Any work written in distinct parts by different authors."

Leave out the word "Pirated" ["when applied"], and insert instead thereof the word "Infringing," and after the words "when applied to a copy," insert the words" including any colourable imitatation" ["of a work in which copyright subsists, means any copy made, or imported in contravention of the provisions of this Act"].

Motion made, and Question proposed, "That the Bill be now read the third time."

Mr. BOOTH

I will not detain the House at any length. I wish to say I do not like this Bill, but I feel that the Committee of very able men who sat upon it are entitled to have their labour respected, and although I regard the measure as entirely unworthy of a Liberal and Progressive Government, I shall not oppose this Motion.

Question put, and agreed to.

Bill read the third time, and passed.