HL Deb 17 April 1902 vol 106 cc455-7

[Second Reading.]

Order of the day for the Second Reading read.

* LORD MONKSWELL

My Lords, this Bill is designed to remove a grievance which is felt by musical publishers and composers. It simply reprints and applies to musical copyright four clauses of the Copyright Bill which passed your Lordships House in 1900, with the object of giving additional and summary powers for the express purpose of stopping the piracy of musical works. My first feeling was to refuse to have anything to do with piecemeal legislation in the matter of copyright, but I soon found that the evil in the case of musical copyright was such a very serious one that it was desirable to introduce this Bill. This view is endorsed by my noble and learned friend Lord Thring and by Lord Knutsford, both of whom took an active part in the proceedings of the Copyright Committee.

By Clause 1, any person printing, selling, distributing, or importing any pirated musical work shall be liable to a penalty not exceeding five pounds for every copy so dealt with, such fine not to exceed in the whole fifty pounds in respect of any one transaction. By Clause 2, Sub-section 1, a specially authorised constable may seize, without warrant, pirated copies hawked or carried about, and bring them before a court of summary jurisdiction, which may order them to be destroyed or to be delivered to the owner; and by Sub-section 2 of the same clause a search warrant may be granted by a court of summary jurisdiction to search for and seize pirated copies reasonably believed to be within the jurisdiction of the court. Clause 3 provides that a constable authorised by the apparent owner of any musical copyright may seize pirated copies being hawked about and offered for sale.

I have received a great many communications from musical composers and publishers of music testifying to the need for such summary remedy. One of the largest firms of music publishers—Messrs. Boosey—inform me that many of then-popular songs have been pirated and sold, that no publisher's name is printed on these pirated songs, and that unless some steps are immediately taken a large and valuable industry will utterly collapse. Enclosed with that letter was a pirated copy of a song entitled "The Holy City," and although the copyright price—1s. 4d.—is placed in the corner, the song is being sold in the streets for a few pence per copy. This afternoon I also received from Messrs. Boosey a copy of a pirate's catalogue of music. It is headed, "To all whom it may concern," and it proceeds— Sir or Madam, Having purchased an enormous quantity of high-class music. I am able to supply the following songs at ridiculously low prices. Then follows a long list of the most popular songs of the day; but no name being attached, it is impossible to trace the printers. What is desired is a summary remedy for this kind of thing. At present, as soon as a song becomes popular, copies of it are secretly printed and hawked about in the principal thoroughfares of all towns and cities in the United Kingdom. The music is in all respects identical with the legitimate copies, except that it is printed on inferior paper, and is retailed at about twopence instead of two shillings per copy. The only remedy that exists at present is by action for injunction or damages, and both remedies are absolutely useless and inadequate in the majority of cases. Your Lordships may perhaps have observed that Messrs. Boosey the other day obtained £115 damages against some defendants in respect of pirated music; but the firm informs me that the defendants say they cannot pay and that it is quite impossible to get the money. During the last few years the piracy of musical copyright has enormously increased, and has now reached such alarming proportions that it is having a paralysing effect on the legitimate trade in musical works. The Press has been full of complaints with regard to this matter, and it is high time something was done.

I have been in communication with several Members of the other House with regard to this Bill, and it has been represented to me that a good deal of objection may possibly be taken in the House of Commons to Sub-section 2 of Clause 2, giving a power of search to a constable. I shall be very sorry if that sub-section has to be dropped from the Bill, but, at the same time, rather than get nothing, I shall be quite content to move its omission at a later stage should your Lordships be good enough to read the Bill a second time.

Bill read 2a (according to order), and committed to a Committee of the Whole House tomorrow.