* LORD WINDSORMy Lords, I rise to call attention to the serious loss inflicted upon copyright holders of music by the illegal sale in the streets and elsewhere of copyright music by hawkers, and to the impracticability of their obtaining redress under the existing law, and to ask His Majesty's Government whether they see their way to passing some temporary measure to protect those who suffer by reason of these illegal practices. I am well aware that this question is familiar to most of your Lordships, especially to those noble Lords who were members of the Select Committee which was appointed to inquire into the subject of copyright. The outcome of that Committee was, I believe, the Bill which passed this House in 1900 in the name of Lord Monkswell, but which did not get through the other House of Parliament.
My Lords, the extent of this grievance and the gigantic scale upon which the fraudulent sale of copyright music is carried on is not generally known. It is to this one particular point of the copyright law that I wish to draw attention. Men hawk about, and offer for sale at 2d. per song, music that is sold in a legitimate way by music sellers for 2s., and such is their impudence that I am told they actually stand on the doorsteps of the shops when the legitimate music sellers 5 are having the songs played over as an inducement to the public to purchase them, and hawk a song for 2d., crying "If you step inside, you can hear it for nothing." I think few people who have not specially inquired into the subject know the scale upon which the illegal sale of music is conducted. I have in my hand a short list from one printer of these pirated songs, which shows that within two months—between December 12th of last year and February 13th of this year—no fewer than 85,000 copies of eight different songs were sold, and as the price charged is about 2d per copy as compared with 2s. charged in a legitimate way, it will at once be seen that this matter involves large sums of money. The only remedy which now exists is to obtain an injunction to restrain the sale of the music, and this is insufficient, because the popular demand for a song is frequently transient and because the printing block can easily be transferred to another printer and the sale continued as merrily as before round the corner. It seems to me that this is an intolerable hardship, and I venture to ask his Majesty's Government whether they cannot do something to protect the rights of copyright holders. I do not ask them to deal at once with the complicated copyright law in a comprehensive Bill, though I think it would be advisable if that were done. But I do think some prompt and simple means should be adopted of protecting copyright holders from these illegal practices. These persons have a right to look to Parliament for protection, and Parliament ought not to say it cannot deal with the subject.
I feel quite certain that, with the store of legal knowledge which is at the command of both Houses of Parliament, this grievance could very easily be remedied. It may be said that it is inconvenient to deal with one portion of the copyright law in the way that I suggest, but there is a precedent for that in the Act which was passed in 1862 for amending the law relating to copyright in works of fine art. This Act was passed for the protection of copyright holders of pictures, drawings, and so forth, and, besides imposing a penalty of £10 for every offence, it provided that all such imitations made without consent, and all 6 negatives used for the purpose of taking; such copies, should be forfeited to the proprietor of the copyright. I suggest that the Government should bring for-ward a measure on the lines of the three clauses in Lord Monkswell's Bill. The case of musical composers is very much harder than that of painters of pictures whose copyright is infringed. Both struggle very hard to do the best artistic work they possibly can to obtain popularity. They sometimes fail, but the painter of a picture, if he has a few clients who appreciate his work, although he may not get as much as he would if his pictures were in popular demand, I obtains a considerable sum, while the composer of music for which a copyright is obtained probably sells it to a publisher for a very small sum, depending for his remuneration on the royalties obtained by the sale of the music. The case of these composers is much harder, therefore, than that of painters, to protect whom the Act of 1862 was passed. If the Government cannot see their way to bring forward a measure on the lines of the three clauses in Lord Monkswell's Bill, I should like to know whether they would view with favour, or give any facility to the passing of, a measure drafted on these lines if it were introduced by a private Member.
§ * VISCOUNT KNUTSFORDMy Lords, I am one of those referred to as having largely studied the question of copyright. I served on the Royal Commission of 1878 and on four or five Committees of this House, and am largely responsible for the Bill which passed this House in Lord Monkswell's name. The subject which came before us as long ago as 1878, and on subsequent occasions, was the great injury done to music composers by the way in which songs were sold in the street for 1d. and 2d. immediately after their publication, and before the owners of the copyright had really gained any advantage from them. In 1899 we were told that the piracies in the music trade were carried on to an alarming extent, and that most well-known songs were thus treated. Names of publishers were falsely printed on these piracies, and also false places of publication. It was proposed by one of the Committees upon Copyright Bills 7 that clauses should be introduced enabling police constables to seize the copies of music sold in the illegal manner which my noble friend has described. Piracies in the music trade are carried on to an alarming extent, and I earnestly hope that something may be done to protect those who suffer. As Lord Windsor said, injunctions are practically useless as a means of meeting the evil. One case was brought to our notice where an injunction cost £153, and another £200, but none of this expense, of course could be recovered from the persons against whom the injunctions were issued. I would not go so far as my noble friend and ask the Government to immediately introduce a Bill embodying the three clauses which deal with the question in the Copyright Bill, but I would ask whether, if my noble friend brought in a Bill himself, the Government would give it their support.
§ THE LORD CHANCELLOR (The Earl of HALSBURY)My Lords, I am afraid I cannot encourage my noble friends to hope that the Government will do as they suggest in this matter, but, at the same, time I do not at all deny that they have made out a case to show that an evil does exist. I think that one of the reasons why the evil is so great has not been sufficiently pointed out. The law is strong enough at present against persons who have a local habitation and name and who are of sufficient substance to be proceeded against, but in this case we are dealing with travelling hawkers who have no local habitation. I admit that the evil is very great, but on the other hand we must remember that it is a serious thing to attempt to make an invasion of a civil right the subject of criminal proceedings. It requires some consideration before a general authority of this sort can be given to police constables to arrest hawkers and seize their copies of songs. Before I could advise my colleagues as to giving support to any Bill on the subject which Lord Windsor might introduce, I should like to see what its provisions exactly were.
§ * VISCOTJNT KNUTSFORDThey would be the three clauses taken out of the Copyright Bill which passed this House last session.
§ THE EARL OF HALSBURYI am aware of those clauses, but I suspect that unless they are fortified by something else you will not cure the evil.
* LORD WINDSORThose who desire that this evil should be remedied do not ask for powers of arrest, but only for powers to visit premises and seize the printing blocks and copies of songs. I shall take the opportunity of presenting to the noble and learned Lord a Bill on this subject for his consideration.