§ SUPPLEMENTAL PROVISIONS.
§ uses 31 to 34 agreed to.
§ Clause 35:
§ Interpretation.
§ 35.—(1) In this Act, unless the context otherwise requires,—
- "Literary work" includes maps, charts, plans, and tables;
- "Dramatic work" includes any piece for recitation, choreographic work or entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise, and any cinematograph production where the arrangement or acting form or the combination of incidents represented give the work an original character;
- "Artistic work" includes works of painting, drawing, sculpture and artistic craftsmanship, and architectural works of art and engravings and photographs;
- "Work of sculpture" includes casts and models;
- "Architectural work of art" means any building or structure having an artistic character or design, in respect of such character or design, or any model for such building or structure, provided that the protection afforded by this Act shall be confined to the artistic character and design, and shall not extend to processes or methods of construction.
- "Engravings" include etchings, lithographs, wood-cuts, prints, and other similar works, not being photographs;
- "Photograph" includes photo-lithograph and any work produced by any process analogous to photography;
- "Cinematograph" includes any work produced by any Process analogous to cinematography;
- "Collective work" means —
- (a) an encyclopædia, dictionary, year book, or similar work;
- (b) a newspaper, review, magazine, or similar periodical; and
- (c) any work written in distinct parts by different authors;
- "Infringing," when applied to a copy of a work in "which copyright subsists, means any copy, including any colourable imitation, made, or imported in contravention of the provisions of this Act;
- "Performance" means any acoustic representation of a work and any visual representation of any dramatic action in a work, including such a representation made by means of any mechanical instrument;
- "Delivery," in relation to a lecture, includes delivery by means of any mechanical instrument;
- "Plate" includes any stereotype or other plate, stone, block, mould, matrix, transfer, or negative used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which records, perforated rolls or other contrivances for the acoustic representation of the work are or are intended to be made;
- "Lecture" includes address, speech, and sermon;
- "Self-governing dominion" means the Dominion of Canada, the Commonwealth of Australia, the Dominion of New Zealand, the Union of South Africa, and Newfoundland.
§ (2) For the purposes of this Act (other than those relating to infringements of copyright), a work shall not be deemed to be published or performed in public, and a lecture shall not be deemed to be delivered in public, if published, performed in public, or delivered in public, with out the consent or acquiescence of the author, his executors administrators or assigns.
§ (3) For the purposes of this Act a work shall be deemed to be first published within the parts of His Majesty's dominions to which this Act extends, notwithstanding that it has been published simultaneously in some other place, unless the publication in such parts of His Majesty's dominions as aforesaid is colourable only and is not intended to satisfy the reasonable requirements of the public, and a work shall be deemed to be published simultaneously in two places if the time between the publication in one such place and the publication in the other place does not exceed fourteen days, or such longer period as may for the time being be fixed by Order in Council.
§ (4) Where, in the case of an unpublished work, the making of a work has extended over a considerable period, the conditions of this Act conferring copyright shall be detuned to have been complied with if the author was during any substantial part of that period a British subject or a resident within the parts of His Majesty's dominion; to which this Act extends.
211§ (5) For the purposes of the provisions of this Act as to residence, an author of a work shall be deemed to be a resident in the parts of His Majesty's dominions to which this Act extends if ho is domiciled within any such part.
§ LORD GORELLMy first Amendment to this clause is to add to the definition of "literary work," which is stated in the clause to include maps, charts, plans and tables. It has been suggested to me that this definition would not include many cases which are instances of copyright. The best instance I can give to your Lordships is Bradshaw, which would not come under the present interpretation but would come under the interpretation if the words "and compilations," which I propose to insert, were added.
§
Amendment moved—
Page 23, line 31, leave out ("and") and after ("tables") insert ("and compilations").—(Lord Gorell.)
§ VISCOUNT HALDANEI accept that Amendment.
§ On Question, Amendment agreed to.
§ LORD GORELLI have a similar suggestion to make with regard to the definition of "Collective work." Your Lordships will see that it is defined as meaning—
I propose, after paragraph (b), to insert—
- (a) an encyclopædia, dictionary, year book, or similar work;
- (b) a newspaper, review, magazine, or similar periodical; and
- (c) any work written in distinct parts by different authors;
(c) any work in which notes or commentary or emendations of text are added to a work in which copyright no longer exists;There are cases in which an old work is amended with notes and emendations of the text which are quite original literary matter. They would not be included in the term "collective work." My suggestion is that they should be.
§ Amendment moved—
§
Page 24, line 22, after ("periodical") insert:
(c) any work in which notes or commentary or emendations of text are added to a work in which copyright no longer exists.—(Lord Gorell.)
§ VISCOUNT HALDANEIf this Amendment were accepted it would enlarge the category of exceptions to subsection (2) of Clause 5. The words which my noble friend proposes to introduce are rather wide, and we are particularly anxious not to increase that class of exceptions. Therefore I hope he will not press the Amendment.
§ LORD GORELLVery well.
§ Amendment, by leave, withdrawn.
§ Clause 35, as amended, agreed to.
§ Remaining Clauses agreed to.
§ The Report of Amendments to be received on Monday the 27th instant, and Bill to be printed as amended. (No. 213.)
§ EDUCATION (ADMINISTRATIVE PROVISIONS) (No. 2) BILL.
§ RAILWAY COMPANIES (ACCOUNTS AND RETURNS) BILL.
§ Read 3a(according to order), and passed.