HC Deb 17 August 1911 vol 29 cc2140-3

All pirated copies of any work in which copyright subsists, and all plates used or intended to be used for the production of pirated copies of such work, shall be deemed to be the property of the owner of the copyright, who accordingly may take proceedings for the recovery of the possession thereof or in respect of the conversion thereof.

Mr. BOOTH

I beg to move to leave out the word "pirated" ["Production of pirated copies"], and to insert instead thereof the word "unauthorised."

This Amendment to leave out the word "pirated" and to insert I hope the more acceptable word "unauthorised" is an Amendment to which I attach the utmost importance. The use of this word is calculated to create a large amount of prejudice. The name is apt to stick even to an innocent offender who has once been charged before the court with being a pirate, even if he disproves it. The whole idea to me is objectionable. I am glad some other bad features have been taken out, but I am rather surprised that a distinguished author and an able statesman, in framing this Bill, should have put in a word that I cannot regard in any other way than as pure slang. I certainly think a Copyright Bill which in its drafting has had all the advantages of University men, men learned in the law, and men of a superior intelligence to an humble Member like myself, should have been framed with more choice language and delicate expression than to include such a word. I have been at some trouble to look up the classical authorities for the use of this word. I have no doubt this will be stale news to some hon. Gentlemen, but the first reference I can get is in "The Perfect Pilgrim," published in 1526, and there the phrase occurs:— Ye great pirat and olde thefe, the Devyll. I should be obliged if any hon. Member has a reference more antiquated than that if he will acquaint the House with it, but that seems to me the first time the word appears in an authentic work. In 1640, in the "Parliament of Bees," we find the word, used as an adjective and spelt "pyratick." The later references which I would like to take are entirely confined, where they are accurate, to water, and I object entirely to the word being used with regard to transactions on land. I think it is against all the canons of good taste in literature. In 1802, in Sampson, there is a very peculiar use of the word "pirates," which rather astonished me. It applies there to sheep:— No clover is sown on account of promiscuous flocks of sheep, which are emphatically called pirates. That is a very curious use of the term. A hundred years later, in 1902, the "London Daily Chronicle" introduces the word in this way:— Eggs were captured by rats or other water pirates. 5.0 P.M.

I do think this word ought to disappear from what I hope will be a standard Act of Parliament, to which people may look for guidance in literary taste. I understand the Solicitor-General agrees, but it is my business to make the House agree, and I want my opponents across the floor of the House to see that, in making this change, I ought to be able to appeal to them even more than to my hon. Friends. The word is also used in Byron's "Corsair." They were pirates singing a great song of freedom and liberty. In fact, one would almost think that they were "Die-hards" at the Halsbury banquest. There are numerous references to these pirates being ready to die in the cause of what they considered to be their duty. But how can this description in any way apply to poor people standing in the gutter and attempting to sell infringing copies of works, and looking round every moment to see if they are likely to be "nabbed" by a policeman who is going to prevent them earning a penny or a halfpenny by selling literature in this way in our great streets? They cannot be said in any way to represent the noble idea of a pirate. It would be perfectly absurd. I believe the copyright of this poem was sold for £500— not by the poet—our noblest poets have no sordid mind, but by the person to whom the poet gave the poem—probably a publisher. After all the term "pirate" is one surrounded by romance, and I cannot under stand its being applied to these people. It is almost offensive that it should be.

Mr. THEODORE TAYLOR

I beg to second the Amendment.

Sir J. SIMON

I do not know that any harm will be done by the substitution of the word "infringing" for "pirated." It will, of course, be necessary to make a similar alteration in some ten other places in the Bill.

Sir GILBERT PARKER

Is it not the wish of the hon. Member for Pontefract to substitute the word "unauthorised" for "pirated"?

Mr. BOOTH

No; I prefer to use the word "infringing."

Sir WILLIAM ANSON

May I ask the Solicitor-General whether he thinks that the word "infringing" is really sufficiently clear. What is meant by infringing a copyright?

Mr. BOOTH

It is clearly defined.

Sir W. ANSON

I confess the word "pirated" has never struck me as very offensive in this connection. It is a very common thing to apply to cases where a literary person appropriates other people's property. It is quite a mistake to suppose that the pirate on whose behalf the hon. Member has spoken is always a small person. This piracy goes on a very great scale, as I have had occasion to know. I do not think anyone would deem this an offensive word to use in this connection. I confess I should regret very much to see it deleted from the Statute for the purpose of putting in the word "infringing." Possibly we might find a better word, as "infringing" does not convey the same meaning as "pirated" does.

Sir J. SIMON

I think there is something in the criticism of the hon. Member behind me. It is not very apt to speak of pirated copies. It is the original that is pirated; it is not the copy. The copy is the thing that infringes the original which is pirated. Therefore I think there is some force in the literary criticisms of my hon. Friend when he says that when you talk about a pirated copy it ought to be a copy which has been pirated by a pirate. The copy is the thing which is supposed to inflict the injury, and I therefore agree that there is a certain amount of justification for changing the word.

Question, "That the word 'pirated' stand part of the Clause," put, and negatived.

Question, "That the word 'infringing' be there inserted," put, and agreed to.

Mr. AUSTEN CHAMBERLAIN

May I express the hope that because we have substituted the word "infringing" for "pirated," it will not be necessary to call it a "pirated infringement."

The PRESIDENT of the BOARD of TRADE (Mr. Buxton)

I beg to move to insert after the word "subsists," the words, "or of any substantial part thereof." The sole object is to prevent a man escaping the penalty by merely making a slight alteration. This is a point which, I think it was agreed should be dealt with on the Report stage.

Question, "That those words be there added," put, and agreed to.

Further Amendments made: Insert after the words "production of" the word "such"; and to omit after the words "pirated copies" the words "of such work."