§ Order of the Day for the Second Reading read.
§ Moved, "That the Bill be now read 2a."—(The Earl Cadogan.)
429THE LORD CHANCELLORsaid, the Bill provided that no assignment of any copyright of a musical composition should be held to convey the right of performance unless the intention of the parties was so expressed. But then it went on to provide that on every copy to be hereafter published there should be printed a notice that no performance could take place without the consent of the proprietors of the reserved right, and that, unless this were done, the reserved right should be forfeited. The owner of the reserved right could have no control over the publication of any copy, which would be the act of the owner of the copyright; so that, under these provisions, one man's property would be lost by the neglect or default of another, over whom he had no power. These provisions were obviously inconsistent, and the Bill, as it stood, would be wholly unworkable. He therefore hoped the noble Earl (Earl Cadogan) would not press it to a second reading.
§ EARL CADOGANsaid, that his noble and learned Friend (Earl Cairns) had framed some Amendments to the Bill in concert with Lord Bramwell and Lord Blackburn, which it was proposed to introduce in Committee, and which he thought would obviate the objections of the noble and learned Lord on the Woolsack. He would, therefore, ask their Lordships now to read the Bill a second time. Should the noble and learned Lord, however, object to that course, he was willing to postpone it.
THE LORD CHANCELLORsaid, after the explanation of the noble Earl, and having regard to the high authorities mentioned by him, he would withdraw his objection to the second reading. Of course, the Amendments would be printed and Notice given of them before going into Committee.
§ Motion agreed to; Bill read 2a accordingly, and committed to a Committee of the Whole House on Thursday next.