COPYRIGHT BILL [H.L.] (Hansard, 9 July 1900)

*LORD MONKSWELL

My Lords, in moving that the House do resolve itself into Committee on this Bill, I would point out that this is the third session in which a comprehensive literary copyright Bill has been before a Select Committee of this House, and that the Bill is, therefore, the product of three years consideration. Witnesses have been examined this year as on former occasions, and many written suggestions have been considered, but no very serious alterations have been made in the Bill, and with one exception it is not necessary to refer to any alteration. That exception is as to abridgments. Some of the scientific societies seemed to think that the publication of their reports might be affected. The Select Committee have put in an addition to sub-section (5) of Clause 4 to the effect that fair extracts, not only when made for the purposes of a new work, or of criticism, as the clause first stood, but also in the course of reporting scientific information, shall not constitute an infringement of copyright. I hope that sub-section will remove any doubts that the scientific world may feel as to the justice of this measure, and they will see that there is no prospect of injustice to them arising out of it. When this Bill was introduced the Colonial Office suggested that this Bill, being different from that of last session, would have to be sent again to the Colonies for approval. But there is no reason, I think for doing so; there is only one clause in the Bill which affects the colonies, and that is one which they very much desire. It is intended to remedy a grievance from which Canada has suffered particularly for many years. As the law now stands, an English edition of a copyright work may be introduced into Canada to flood the market there, and to oust editions of English works that are published in Canada, but Canadians cannot introduce their copyright works into the United Kingdom. It is proposed to put the United Kingdom in precisely the same position as the colonies, and to prohibit the importation into the colonies of works copyrighted in the United Kingdom. There can be no doubt whatever that the colonies, are very strongly in favour of this Bill, and there is no reason to refer it 933 to them. A telegram from Ottawa published in The Times on 5th July states that— The Copyright Bill stands for Second Reading in the House of Commons. Mr. Fisher informs me that he has every reason to believe it will become law this session. The Special Committee of the House find that the legislation covered by the Bill has been asked for by the Canadian Authors' Society and Canadian publishers, and on their representation and for the interest of Canadians concerned in copyright and publication in Canada the Bill is proposed. The Committee also find that the protection to Canadian publishers to be obtained by the Bill has the approval of the Society of Authors in Great Britain and of the British public. The Committee state that heretofore there has been constant friction and clashing of interests between those interested in copyright in Great Britain and those interested in copyright in Canada. At the present time we have the very satisfactory spectacle of these formerly clashing interests expressing themselves in harmony. It therefore appears likely that the passage of this measure will remove causes of difference, will confirm the harmony now existing, and will tend to do away with that conflict which has been a constant source of trouble in copyright legislation for many years past. I have since heard that the Bill has passed the Canadian House of Congress, and is now before the Senate, who will certainly pass it. This Bill, by enabling Canada to make a law for exclusive copyright, will obviate the raising of difficult questions between the colony and the mother country. It is not only Canada that has expressed approval of this Bill as it now stands. There was a Congress of the Chambers of Commerce of the British Empire held in London on 30th June. At that Congress it was moved by Mr. George N. Morang, and seconded by the Hon. Thomas Fergus, of New Zealand— Whereas the various Copyright Acts throughout the Empire are unnecessarily complicated and vexatious to certain dependencies, and whereas it is now contemplated to consolidate the same by a Bill now before the House of Lords, Resolved, therefore, that this Congress declares its approval of such measure, whereby the colonies are empowered to legislate for exclusive copyright, and earnestly trusts that it may speedily become law. Therefore, my Lords, I scarcely think it can be possible for Her Majesty's Government to allege that they are acting in conformity with the wishes of the colonies if they do not give every facility for the passing of the Bill through Parliament this session.