HL Deb 15 November 1911 vol 10 cc208-9

Clause 29:

INTERNATIONAL COPYRIGHT.

29.—(1) His Majesty may by Order in Council direct that this Act (except such parts, if any, thereof as may be specified in the Order) shall apply—

  1. (a) to works first published in a foreign country to which the Order relates, in like manner as if they were first published within the parts of His Majesty's dominions to which this Act extends;
  2. (b) to literary dramatic musical and artistic works, or any class thereof, the authors whereof were at the time of the making of the work subjects or citizens of a foreign country to which the Order relates, ill like milliner as if the authors were British subjects;
  3. (c) in respect of residence in a foreign country to which the Order relates in like manner as if such residence were residence in the parts of His Majesty's dominions to which this Act extends;
and thereupon, subject to the provisions of this Part of this Act and of the Order, this Act shall apply accordingly:

Provided that—

  1. (i) before making an Order in Council under this section in respect of any foreign country (other than a country with which His Majesty has entered into a convention relating to copyright) His Majesty shall be satistied that that foreign country has made, or has undertaken to make, such provisions, if any, as it appears to His Majesty expedient to require for the protection of works entitled to copyright under the provisions of Part I of this Act;
  2. (ii) the Order in Council may provide that the term of copyright within such parts of His Majesty's dominions as aforesaid shall not exceed that conferred by the law of the country to which the Order relates;
  3. (iii) the provisions of this Act as to the delivery of copies of books shall not apply to works first published in such country, except so far as is provided by the Order;
  4. (iv) the provisions of this Act as to the grant of compulsory licences shall not apply to works first published or first performed in such country if His Majesty is satisfied that the laws thereof provide means for enabling the reasonable requirements of the public to be satisfied with regard to such works;
  5. (v) the Order in Council may provide that the enjoyment of the rights conferred by this Act shall be subject to the accomplishment of such conditions and formalities (if any) as may be prescribed by the Order;
    6. 209
  6. (vi) in applying the provision of this Act as to ownership of copyright the Order in Council may make such modifications as appear necessary having regard to the law of the foreign country;
  7. (vii) in applying the provisions of this Act as to existing works the Order in Council may make such modifications as appear necessary, and may provide that nothing in those provisions as so applied shall be construed as reviving any right of preventing the production or importation of any translation in any case where the right has ceased by virtue of section five of the International Copyright Act, 1880.

(2) An Order in Council under this section may extend to all the several countries named or described therein.

LORD GORELL

I move to strike out paragraph (iv), which I think has been inadvertently left in.

Amendment moved—

Page 21, lines 30 to 36, leave out paragraph (iv).—(Lord Gorell.)

VISCOUNT HALDANE

This paragraph, which was loft in inadvertently, is a blot on the drafting, and I accept the Amendment to delete it.

On Question, Amendment agreed to.

Clause 29, as amended, agreed to.

Clause 30 agreed to.

Forward to