COPYRIGHT ACT, 1911

COPYRIGHT ACT, 1911

9.-THE COPYRIGHT ACT, 1911.

Proclamation 28th June, 1912.
WHEREAS the Statute entitled 'An Act to amend and consolidate the
Law relating to Copyright which may be cited as the Copyright Act,
1911-, (1 & 2 Goo. V. e. 46), extends, subject to the provisions of the
said Act, to the Colony of Hongkong; aud whereas by virtue of the





provisions of section 37 thereof the said Act conies into operation ill the
said Colony on the p rocla ina Lion thereof within tho Cololly by the
Governor ; and whereas by virtue of the provisions of section 18 ~6) of
the Statute entitled ' An Act for consolidating enactinents relatinu to
the construction of Acts of Parlianient and for further shortening the
language used in Acts of ParlialneriC, which inay be cited as the Inter-
pretation Act, 1889, (52 & 53 Vict. c. 63), the expression Governor
in the said Copyright Act, 1911, includes the Officer Administering the
Government:
Now therefore, 1, CLAED SFVERN, Esquire, Officer Administering the
government of the Colony of Hongkong, do hereby proclaim that the
Statute entitle An Act to amend and consolidate the Law relaitng to
Copyright which is herewith pulished, sjall on and from 1st day of
July, 1912, be in force in the colony of Hongkong subject to th epro-
visions of the said State.

given undermy hand and the Publlic Seal of the Colony, at Victoria,
Hongkong, this 28th dy of June, 1912.

AOT OF 1911-1 & 2 GEO. V. c. 46.

An Act to amend and consolidate the Law relating to Copyright.

[16th Deceniber, 1911.]

PART 1.
IMPFRIAL COPYRIGHT.
Right
1.--(1) Subject to the provisions of this Act, copyright shall subsist
throughout the parts of His Majesty's dominions to which this Act
extends for the ferin hereinafter mentioned in evers- original literar~
drainatic musical and artistic work, if-
(a) in the case of a published work, the work first publis e 1
It
within such parts of His Majesty's doininions as aforesaid
and
1)in the case of an unpublished work, the author was at the
date of the inaking of thp work a British subject or resident
within such parts of His Majesty's donfinions as aforesaid
but in lo other except so far as the protection conferred by this
Act is extended by Orders in Council thereunder relating to self-
governing doininlons to which this Act does not extend and to foreign
countries.
(2) For the purposes of this Act, 'copyright' ineans the sole right
to produce or reproduce the work or any substantial part thereof in any
material fortn whatsoever, to perform, or in the case of a lecture to





deliver, the work or any substantial part thereof in public , if the work
is unpublished, to publish the work or any substantial part thereof ; and
shall include. the sole rioht,-

(a)to produce, reproduce, perform, or publish any translation
of the work;

(b)in the case of a draniatic work, to convert it into a novel or
other non-draniatic work;

(c) in the case of a novel or other non-draniatic work, or of an
artistic work, to convert it into a dramatic work, by way of
performance in public or otherwise :

(d) in the case of a literary, drainatic, or musical work, to make
any record, perforated rol, cinematorgraph film, or other
contrivance by means of whcih th ework may be mechani-
cally performed or delivered.
contrivance by means of which the work ntay be mechani-
call), performed or delivered,
and to authorise any such acts as aforesaid.

(3) For the purposes of this Act, publication, in relation to ins- work,
means the issue of copies of the work to the public. and does not include
the performance in public of a dramatic or musical work, the deliver)
in public of a lecture, the exhibition in public of all artistic work, or the
construction of an architectural work of art, but, for the purposes of
this provision. the issue of photographs and engraving of works of

sculpture and architectural works of art shall not be deemed to be
publication of such works.

2.-(1) Copyright in a work shall be deemed to be bv any
person -who, ~wihtout the consent of the ownel. of the. does
anything the sole right to do which is by this Act conferred on the
owner of the copyright:Provided that the following acts shall not
constitute all infringement of copyright


(i)Any fair dealing with any work for the purposes of private
study, research, criticism, review, or newspaper summary :

(ii)Where the author of an artistic work is not the owner of
the copyright therein, the use by the author of any mould,
cast, sketch, plan, model, ol. studv Inade by him for the
purpose of the work, provided that lie, does not, thereby
repeat or imitato the main design of that work

(iii) The making or publishing of paintings, drawings, engrav-
infys, or photographs of a work of sculpture or artistic crafts-
manship, if permanently situate in a public place. or build-
ing, or the making or publishing of paintings, drawings,





engravings, or photographs (which are not in the nature of A
architectural drawings or plans) of any architectural work
of art:
(iv)The publication in a collection, inainly composed of non-
copyright matter, bond.fide intended for the use of schools,
and so described in the title and in any advertisenients issued
by the publisher, of short passages from published literary
works not themselves published for the use of schools in
which copyright subsists: Provided that not more than two
of such passages from works by the sanic authorare published
by the saine. publisher within five years, and that the source
from which such passages are taken is acknowledged

(v)The publication in a newspaper of i report of a lecture de-
livered in public, unless the report is prohibited by con-
spicuous written or printed notice affixed before and main-
tained durinu the lecture at or about the main entrance of

the, building in which the lecture is given, and, except whilst

the building is being,used for public worship, in a position

near the lecturer; but nothing in this paragaph shall

affect the provisions in paragraph (i) as to
summaries:
(vi)The, reading or recitation in public by one person of any
reasonable extract from any published work :
(2) Copyright in a work shall also be deemed to be infringed by any
person who-
(a)sells or lets for hire, or by way of trade exposes or offers for
sale or hire; or
(b)distributes either for tbe purposes of trade or to such an
extent as to affect prejudicially the owner of the copyright
or
(c) - by way of trade exhibits in public ; or
(d)imports for sale or hire into any part of His Majesty's
dominions to which this Act extends,
any-work which to his knowledge infringes copyright ol, would infringe
copyright if it had been niade within the part of His Majesty's dominions
in or into which the sale or hiring, cyposure, offering for sale ol. hire,
distribution, exhibition, or importation took place.
(3) Copyright in a work shall also be deemed to be infringed by any

person who for his private profit permits a theatre or other place of
entertainment to be used for the performance in public of the work
without the consent, of the owner of the copyright, unless he was not





aware, and had lie reasonable ground for suspecting, that the perform-
alice would be an infringement, of copyright.

3. The term for which copyright shall subsist shall, except as other-
wise expressly provided by this Act, be the life of the author and a
period of fifty years after his death :
Provided that at any time after the expira.tion of twenty-five years,
or in the case of a work in which copyright subsists at the passing of
this Act thirty years, from the death of the author of a published work,
copyright in the work shall not be deenied to be infringed by the repro-
duction of the work for sale if the person reproducing the work proves
that he has given the prescribed notice in writing of his intention to
reproduce the work, and that lie has paid in the prescribed manner to,
or for the benefit of, the owner of the copyright royalties in respect of
all copies of the work sold by him calculated at the rate of ten per cent.
on the price at which he publishes the work; and, for the purposes of
this proviso, the Board of Trade may make regulations prescribing the
mode in which notices are to be given, and the particulars to be given
in such notices, and the mode, time, and frequency of the payment of
royalties, including (if they think fit) regulations requiring payment in

advance or otherwise securing the payment of royalties.


4. If at any time after the death of the author of a literary, dramatic,
or musical worl; which has been published or performed in public a
complaint is made to the Judicial Committee of the Privy Council that
the owner of the copyright in the work has refused to republish or to
allow the republication of the. work or has refused to allow the perform-
ance in public. of the work, and that by reason of such refusal the work
is withheld froin the public, the owner of the copyright may be ordered
to arant a licence to reproduce the work or perform the work in public,
as the case may be, oil such ternis and subject to such conditions as the
Judicial Committee may think fit.
5.-(1) Subject to the provisions of this Act, the author of a work
shall be the first owner of the copyright therein:
Provided that---
(a) where, in the case, of an engraving, photograph, or portrait,

the plate or other original was ordered by some other person
and wa.
z , made for valuable consideration in pursuance of
that order, then, in the absence of any agreement to the
contrary, the person by whom such plate or original was

ordered shall be the first owner of the copyright; and
(b)where the author was in the employment of some other person
under a contract of service or apprenticeship and the work





was made in the course of bis employment by that person,
the person by whom the author was employed shall, in the
absence of any agreement to tbe contrary, be the first owner
of the copyright, but where the work is an article or other
contribution to a newspaper, magazine, or similar periodical,
there shall, in the absence of any agreement to the contrary,
be. deemed to be reserved to the author a right to restrain
the publication of the work, otherwise tban as part of a
newspaper, magazine, or similar periodical.
(2) The owner of the copyright in any work may assign the ri(Ybt,
either wholly or partially, and either generally or subject to limitations
to the United Kingdom or any self-governing dominion or other part of
His Majesty's dominions to which this Act extends, and either for the
whole term of the copyright or for any part thereof, and may grant any
interest in the right by licence, but no such assignment or grant shall
be valid unless it is in writing signed by the owner of the rialit in
respect of which the assignment or grant is made or by his duly
authorised auent:
Provided that, where the author of a work is the first owner of the
copyright therein, no assignment of the copyright, and no grant of any
interest therein, inade by hini (otherwise than by will) after the passing
of this Act, shall be operative to vest in the assignee or grantee any
rights with respect to the copyright in the work beyond the expiration
of twenty-five years from the death of the author, and the reversionary
interest in the copyright expectant on the termination of that perio~
shall, on the death of the author, notwithstanding any agreement to the
contrary, devolve on his legal personal representatives as part of his
estate, and any agreement entered into by him as to the disposition of
-ucli reversionary interest shall be null and void, but nothing in this
s
proviso shall be construed as applying to 'the assigunient of the copyright
in A collective work or a licence to publish a work or part of a work as
part of a collective work.
(3) Where, under any partial assignment of copyright, he assignee
becomes entitled to any right comprised in copyright, the assignee as
respects the right so assigned, and the assignor as respects the rights
not assigned, shall be treated for the purposes of this Act as the owner
of the copyright, and the provisions of this Act shall have effect
accordingly.
Civil Remedies.
6.-(1) Where copyright in any work has been infringed, the owner
of the copyright shall, except as otherwise provided by this Act, be
entitled to all such remedies by way of injunction or interdict, damages,





accounts, and otherwise, as are or may be conferred by law for the in-
fringement of a right.

(2) The costs of all parties in any proceedings in respect of the
infringement of copyright shall be in the absolute. discretion of the
Court.

(3) In any action for infringement of copyright in any work, the
work shall be presumed to be a work in which copyright subsists and
the plaintiff shall be presumed to be the owner of the copyright, unless
the defendant puts in issue the existence of the copyright, or, as the
case may be, the title of the plaintiff, and where any such question is in
issue, then-

(a) if a name purporting to be that of the author of the, work is
printed or otherwise indicated thereon in the usual manner
the person whose name is so printed or indicated shall, unless
the contrary is proved, be presumed to be the author of the
work;
if no nanie is so printed or indicated, or if the name so print-
ed or indicated is not the author's true name or the nanie
by which lie is commonly- known, and a name purporting to
be that of the publisher or proprietor of the work is printed
or otherwise indicated thereon in the usual manner, the
person whose name is so printed or indicated shall, unless
the contrary is proved, be presumed to be the owner of the
copyright, in the work for the purposes of proceedings in
respect of the infringement of copyright therein.

7. All infringing copies of any work in which copyright subsists, or
of any substantial part thereof, and all plates used or intended to be
used for the production of such infringing copies, shall be deemed to be
the property of the owner of the copyright. who accordingly may take
proceedings for the recovery of the possession thereof or in respect of
the conversion thereof.

8. Where proceedings are taken in respect of the infringement of
the copyright in any woric and the defendant in his defence alleges that
he was not aware of the existence of the copyright in the work, the
plaintiff. shall not be entitled to any remedy other than an injunction or
interdict in respect of the infringement if the defendant proves that at
the date of the infringement he was not aware and had no reasonable
ground for suspecting that copyright subsisted in the work.

9.-(1) Where the construction of a building or other structure which
infringes or which, if completed, would infringe the copyright in some
n
other work has been commenced, the owner of the copyright shall not be





entitled to obtain an injunction or interdict to restrain the construction
of such building or structure or to order its demolition.
(2) Such of the other provisions of this Act as provide that an infring-
ing copy of a work shall be deemed to be the property of the owner of
the copyright, or as impose summary penalties, shall not apply in any
case to which this section applies.

10. An action in respect of infringement of copyright shall not be
cominenced after the expiration of threeyears next after the infrinaement.
Suminary Remedies.
11.-(1) If any person knowingly-
(a)makes for sale or hire any infringing copy of a work in which
copyright subsists; or
(b) sells or lets for hire, or by way of trade exposes or offers for
1 sale or hire any infringing copy of any such work; or
(c) distributes infringing copies of any such work either for flic
purposes of trade or to such an extent as to affect prejudi-
cially the owner of the copyright; or
(d)by way of trade exhibits in public any infringing copy of
any such work: or
(e) imports for sale or hire into the United kingdom any in-
fringing copy of any such work:
he shall be guilty of an offence under this Act and be liable on summary
conviction to a fine not exceedine, 40 shillings for every copy dedt
with in contravention of this section, but not exceeding 50 pounds in
respect of the same transaction ; or, in the case of a second or subsequent
offence, either to such fine or to imprisonment with or without hard
labour for a term not exceeding 2 months.
(2) If any person knowingly makes or has in bis possession any plate
for the purpose of making infringing copies of any work in which copy-
right subsists, or knowging and for his private profit causes any such
work to be performed in public without the consent of the owner of the
copyright, he shall be guilty of an offence under this Act, and be liable
on summary conviction to a fine not exceeding 50 pounds, or, in the
case of a second or subsequent offence, either to such fine or to imprison-
ment with or without hard labour for a term not exceeding 2 months.
(3) The court before which any such proceedings are taken may,
whether the alleged offender is convicted or not, order that all copies of
the work or all plates in the possession of the alleged offender, which
appear to it to be infringing copies or plates for the purpose of making
infringing copies, be destroyed or delivered up to the owner of the copy-
right or otherwise dealt with as the court may think fit.





(4) Nothing in this section shall, as respects musical works, affe& the
provisions of the Musical (Summary Proceedings) Copyright Act, 1902,
or the Musical Copyright Act, 1906.

12. Any person aggrieved by a summary conviction of an offence
under the foregoing provisions of this Act may in Encyland and Ireland

appeal to a court of quarter sessions and in Scotland tinder and in terms
of the Summary Jurisdiction (Scotland) Acts.

13 The provisions of this Act with respect to summary remedies
shall extend only to the United Kingdom.

Importation of Copies.
14. -(1) Copies made out of the United Kingdoni of any work in
which copyright subsists which if made in the United kingdom would
infringe copyright, and as to which the owner of the copyright gives
notice in writing by himself or his agent to the Commissioners of Customs
and Excise, that he is desirous that such copies should not be imported
into the United Kingdom, shall not be so imported, and shall, subject
to the . provisions of this section, be deenied to be included in the
table of prohibitions and restrictions contained in section 42 of the
Customs Consolidation Act, 1876, and that section shall apply accord-
ingly.
(2) Before detaining any such copies or taking any further proceed-
ings with a view to the forfeiture thereof tinder the law relating to the
Customs, the Commissioners of Customs and Excise may require, the
regulations tinder this section, whether as to inforniation, condition or
other matters, to be complied with, and may satisfy themselves in
accordance with those regulations that the copies are such as are pro-
hibited by this section to be imported.

(3) The Commissioners of Customs and Excise may make regulations,
either general or special, respecting the detention and forfeiture of copies
the importation of which is prohibited by this section, and the conditions,
if any, to be fulfilled before such detention and forfeiture, and may, by
such regulations, determine the information, notices, and security to be
given, and the evidence requisite for any of the purposes of this section,
and the mode of verification of such evidence.
(4) The regulations may apply to copies of all works the importation
of copies of which is prohibited by this section, or different regula-
tions may be made respecting fifferent classes of such works.

(5) The regulations may provide for the informant reimbursing the
Commissioners of Customs and Excise all expenses and damages incur-
red in respect of any, detention made on his information, and of any





proceedings consequent on such detention; and may provide for notices
under any enactment repealed by this Act being treated as notices given
under this section.
(6) The foregoing provisions of this section shall have effect as if
they were part of the Custonis Consolidation Act, 1876 : Provided that,
notwithstanding anything in that Act, the Isle of Man shall not be
treated as part of the United Kingdom for the purposes of this section.

(7) This section shall, with the necessary modifications, apply to the
importation into a British possession to which this Act extends of copies
of works made out of that possession.

_Delivery of Books to Libraries.
15.-(1) The publisher of every book published in the United King-
doin shall, within one nionth after the publication, deliver, at his own
expense, a copy of the book to the trustees of the British Aluseum, who
shall give a written receipt for it.
(2) He shall also, if written demand is made before the expiration of
twelve months after publication, deliver within one month after receipt
of that written demand or, if the demand was made before publication,
within one month after publication, to some dep6t in London named in
the demand a copy of the book for, or in accordance with the directions
of, the authority having the control of each of the following libraries,
namely: the Bodleian Library, Oxford, the University Library, Cam-
bridge, the Library of the Faculty of Advocates at Edinburgh, and the
Library of Trinity College, Dublin, and subject to the provisions of this

section the National Library of Wales. In the case of an encyclopwdia,
newspaper, review, rnagazine, or work published in a series of numbers

or parts, the written demand may include all numbers or parts of the.
work which may be subsequently published.
(3) The copy delivered to the trustees of the British Museum shall
be a copy of the whole book with all maps and illustrations belonging
thereto, finished and coloured in the same manner as the best copies of
the, book are published, and shall be bound, sewed, or stitched together,
and on the best paper on which the book is printed.

(4) The copy delivered for the other authorities mentioned in this
section shall be on the paper on which the largest number of copies of
the book is printed for sale, and shall be in the like condition as the
books prepared for sale.

(5) The books of which copies are to be delivered to the National
Library of Wales shall not include books of such classes as may be
specified in regulations to be made by the Board of Trade.





(6) If a publisher fails to comply with this section, he shall be liable
on summary conviction to a fine not exceeding 5 pounds and the value
of the book, and the fine shall be paid to the trustees or authority to
whom the book ought to have been delivered.

(7) For the purposes of this section, the expression 'book' includes
every part or division of a book, pamphlet, sheet of letter-press, sheet of
music, map, plan, chart or table separately published, but shall not in-
clude any second or subsequent edition of a book unless such edition
contains additions or alterations either in the letter-press or in the maps,
prints, or other engravings belonging thereto.


Special Provisions as to certain Works.
16.-(1) In the case of a work of joint authorship. copyright shall
subsist during the life of the author who first dies and for a term of
fifty years after his death, or during the life of the author who dies last,
whichever period is the longer, and references in this Act to the period
after the expiration of any specified number of years from the death of
the author shall be construed as references to the. period after the ex-
piration of the like number of years from the death of the author who
dies first or after the death of the author who dies last, wbichever
period may be the shorter, and in the provisions of this Act with respect
to the grant of compulsory licences a reference to the date of the death
of the author who dies last shall be substituted for the reference to the
date of the death of the author.

(2) Where, in the case of a work of joint authorship, some one or
more of the joint authors do not satisfy the conditions conferring copy-
right laid down by this Act, the work shall be treated for the purposes
of this Act as if the other author or authors had been the sole author or
authors thereof

Provided that the term of the copyright shall be the same as it would
have been if all the authors had satisfied such conditions as aforesaid.

(11) For the purposes of this Act, 'a work of joint authorship'
means a work produced by the collaboration of two or rnore authors in
which the contribution of one author is not distinct from the contribution
of the other author or authors.

(4) Where a married woman and her husband are joint authors of a
work the interest of such married wonian therein shall be her separate.
property.

' 7.-(1) In the case of a literary dramatic or musical work, or an
engraving, in which copyright subsists at the date of the death of the
author or, in the case of a work of joint authorship, at or immediatley





before the date of the death of the author who dies last, but which has
not been published, nor, in the case of a dramatic or musical work,
been performed in public, nor, in the case of a lecture, been delivered
in public, before that date, copyright shall subsist till publication,
or performitice or delivery in public, whichever may first happen,
and for a term of fifty years thereafter, and the proviso to section
3 of this Act shall, in the ease of such a work, apply as if the
author had died at the date of such publication or performance or
delivery in pnblic as aforesaid.
(2) The ownership of an author's manuscript afttr his death, where
such ownership has been acquired under a testamentary disposition
made by the author and the manuscript is of a work which has not
been published nor performed in public nor delivered in public, shall
be prima facie proof of the copyright being with the owner of the
manuscript.

18. Without prejudice to any rights or privileges of the Crown,
where any work has, whether before after the commencement of
this Act, been prepared or published by or under the direction or
control of His Majesty or any Government department, the copy-
right in the work shall, subject to any aureenient with the author,
belong to His Majesty, and in such case shall continue for a period of
50 years from the date of the first publication of the work.

19.-(1) Copyright shall subsist in records, perforated rolls, and
other contrivances by ineans of which sounds inay be mechanically
reproduced, in like manner as if such contrivance-, were musical works,
but the terni of copyright shall be fifty years from the making of the
original plate from which the contrivance was directly or indirectly
derived, and the person who was the owner of such original plate at
the time when such plate' was inade shall be deemed to be the author
of the work and, where such owner is a body corporate, the body
corporate shall be deemed for the purposes of this Act to reside within
the parts of His Majesty's dominions to which thiss Act extends if it
has established a place of business within such parts.
(2) It shall not be deemed to be an infringement of copyright in any
musical work for any person to make within the parts of His Majesty's
dominions to which this Act extends records, perforated rolls, or other
contrivances by ineans of which the work may be mechanically per-
formed, if such person proves-
(a) that such. contrivances have previously been made by, or
with the consent or acquiescence of, the owner of the copy-
right in the work ; and





(b) that lie has given the prescribed notice of his intention to
make the contrivances, and has paid in the prescribed
manner to, or for the benefit of, the owner of the copy-
right in the work royalties in respect of all such con-
trivances sold by him, calculated at the rate hereinafter
mentioned

Provided that-
(i) nothing in this provision shall authorise any alterations in,
or omissions from, the work reproduced, unless contrivances
reproducing the work subject to similar alterations and
omissions have been previously made by, or with the con-
sent or acquiescence of, the owner of the copyright, or
unless such alterations or omissions are reasonably necessary
for the adaptation of the work to the egntrivaDees in
question ; and
(ii) for the purposes of this provision, a musical work shall be
deemed to include ally words so closely associated there-
with as to form part of the same work, but shall not be
deemed to include a contrivance by means of which sounds
may be mechanically reproduced.

(3) The rate at which such royalties as aforesaid are to be calculatcd
shall -
(a) in the case of contris.ances sold within 2 years after the
coin mencement of this Act by the person making the saixic,
be 2 per cent. ; and
in the case of contrivances sold as aforesaid after the
expiration of that period, 5 per cent.
on the ordinary retail selling price of the contrivance calculated in the
prescribed inanner, so however that the royalty payable in respect of a
contrivance shall, in no case., be less than a halfpenny for each
separate musical work in which copyright subsists reproduced thereon,
and, where the royalty calculated as aforesaid includes a fraction of a
farthing, such fraction shall be reckoned as a farthing :

Pro-vided that, if, at any time after the expiration of 7 years
froin the commencement of this Act, it appears to the Board of Trade
that such rate as aforesaid is no longer equitable, the Board of Trade
may, after holding a public inquiry, inake an order either decreasing

or increasing that rate to such extent as under the circumstances may
scem just, but any order so made shall be provisional only and shall
not have any effect unless and until confirnied by Parliament ; but,
where all order revising the rate has been so inade and confirmed, no





further revision shall be made before the expiration of 14 years from
the date of the last revision.

(4) If any such contrivance is made reproducing two or more
different works in which copyright subsists and the owners of the copy-
right therein are different persons, the sums payable by way of royal-
ties under this section shall be apportioned amongst the several owners
of the, copyright in such proportions as, failing agreement, may be
deterinined by arbitration.

(5) When any such contrivances by means of which a musical work
may be mechanically perfornied have been made, then, for the pur-
poses of this section, the owner of the copyright in the work shall, in

relation to any person who makes the prescribed inquiries, be deemed
to have given his consent to the makinfr of such contrivances if he

fails to reply to such inquiries within the prescribed tinie.

(6) For the purposes of this section, the Board of Trade may inake
regulations prescribing anything which under this section is to be. pres-
cribed, and prescribing the inode in which notices are to be given and
the particulars to be given in such notices, and the niode, time, -and fre-
quency of the paylilent of royalties, and any such regulations may if
the Board think fit, include regulations requiring payinent in advance
or otherwise securing the payinent of royalties.

(7) In the case of musical works published before the commence-
ment of this Act, the foregoina provisions shall haw effect, subject to
the followinu modifications and additions

(a)The conditions is to the previous making by, or with the
consent or acquiescence of, the owner of the copyright in
the work, and the restrictions as to alterations in or onlis-
sions from the work, shall not apply :
(b) The, rate of 21 per cent. shall be substituted for the rate of

5 per cent. as the rate at which royalties are to be ealeu-
lated, but no royalties shall be payable it, respect of con-
trivances sold before the first day of July, 1913, if contriv-
ances reproducing the same work had been lawfully made,
or placed on sale, within the parts of His Majesty's
dominions to which this Act extends before the first day
of July, 1910.
(c) Notwithstanding any assignment made before the. passing of
this Act of the copyright in a musical work, any rights
conferred by this Act in respect of the niaking, or authorisin'
the making, of contrivances by means of which the work
may be mechanically performed shall belong to the author

1





or his legal personal representatives and not to the assignee,
and the royalties aforesaid shall be payable to, and for the
benefit of, the author of the work or his legal personal re-
presentatives :
(d)The saying contained in this Act of the rights and interests
arising from, or in connexion with, action taken before the
commencement of this Act shall not be construed as
authorising any person who has made contrivances by
means of which the work may be mechanically performed
to sell any such contrivances, whether made before or after
the passing of this Act, except on the terms and subject to
the conditions laid down in this section .
(e) Where the work is a work on which copyright is conferred
by an Order in Council relating to a foreign country, the
copyright so conferred shall not, except to such extent as
may be provided by the Order, include any. rights with
respect to the making of records, perforated rolls, or other
contrivances by means of which the work may be mechani-
cally performed.

(8) Notwithstanding anything in this Act, where a record, per-
forated roll, or other contrivance by means of which sounds may be
mechanically reproduced has been made before the commencement of
this Act, copyright shall, as from the commencement of this Act,
subsist therein in like manner and for the like term as if this Act had
been in force at the date of the making, of the oriainal plate from

which the contrivance was directly or indirectly derived

Provided that-
(i)the person who, at the coin mencement of this Act, is the
owner of such original plate shall be the first owner of such

copyright ; and
(ii)nothing in this provision shall be construed as conferring
copyright in any such contrivance if the making thereof
would have infringed copyright in some other such con-
trivance, if this provision had been in force at the time of
the making of the first-mentioned contrivance.-


20. Notwithstanding anything in this Act, it shall not be an in-
fringement of copyright in an address of a political nature delivered at
a.public meeting to publish a report thereof in a newspaper.

21. The term for which copyright shall subsist in photographs shall
be 50 years from the making of the original negative from which

the photograph was directly or indirectly derived, and the person who





was owner of such negative at the time when such negative was made
shall be deemed to be the author of the work, and, where such owner
is a body corporate, the body corporate shall be deemed for the pur-
poses of this Act to reside within the parts`of His Majesty's dominions
to which this Act extends if it has established a place of business with-
in* such parts.

22.-(1) This Act shall not apply to designs capable of being re-
gistered under the Patents and Designs Act, 1907, except designs
which, though capable of being so registered, are not used or intended
to be used as models or patterns to be multiplied by any industrial
process.

(2) General rules under section 86 of the Patents and Design,,.
Act, 1907, may be made for determining the conditions under which

a desion shall be deemed to be used for such purpoes as aforesaid.


23. If it appears to His Majesty that a foreign country does not
give, or has not undertaken to crive, adequate protection to the works

of British authors, it shall be lawful for His Majesty by Order in
Council to direct that such of the provisions of this Act as confer copy-
right on works first published within the parts of His Majesty's
dominions to which this Act extends, shall not apply to works published
after the date specified in the Order, the anthors whereof are subjects
or citizens of such foreign country, and are not resident in His
Majesty's dominions, and thereupon those provisions shall not, apply to
such works.

24-(1) Where any person is immediately before. the, commence-
ment of this Act entitled to any such right in any work as is specified
in the first column of the first schedule to this Act, or to any interest
in such a right, he shall, as from that date, be entitled to the substitrited
right set forth in the second column of that schednle, or to the same
interest in such a substituted right, and to no, other right or interest,
and such substituted right shall subsist for the term for which it would
have subsisted if this Act had been in force. at the date when the work
was made and the work had been one entitled to copyright thereunder:

Provided that-
(a) if the author of any work in which any such right as is
specified in the first column of the first schedule to this
Act subsists at the coin men cement of this Act has, before
that date, assigned the right or granted any interest therein

for the whole term of the right, then at the date when, but

for the passing of this Act, the right would have expired

the substituted right conferred by this section shall, in the





absence of express agreement, pass to the author of the
work, and any interest therein created before the coin-
Mencement of this Act and then subsisting shall determine
but the person who immediately before the date at which
the right would so have expired was the owner of the right
or interest shall be entitled at his option either-

(i) on giving. such notice as hereinafter mentioned, to an
wmignnient of the right or the grant of a similar interest
therein. for the remainder of the term of the right of such
consideration as, failing agreement, may be determined by
arbitration ; or

(5) without any such assignment or grant, to continue
to reproduce or perform tile work in like manner as there-
lofore subject to the payment, if denianded bY the author
within three years after the date at which the right would
have so expired, of such royalties to the author as, failing
agreenient, may be delerinined by arbitration, or, where the
work is incorporated in a collective work and the owner
of the right or interest is the proprietor of that collective
work, without any such payment

The notice above referred to must be given not more
than one year nor less than six months. before the date at
which the right would have so expired, and must be sent
by registered post to the author, or, if te cannot with
reasonable diligence be found, advertised in the London
Gazette and in two London newspapers.

where any person has, before the 26th day of July,
1910 taken any action whereby he has incurred any
expenditure or liability in connexion with the repro-
duction or performance of any work in a manner which
at the time was lawful, or for the purpose of or with a
view to the reproduction or performance of a work at a
time when sucli reproduction or performance would, but
for the passing of this Act, have been lawful, nothing in
this sectionshall diminish or prejudice any rights or in-
terest arising from or in connexion with such action which
are subsisting and valuable at the said date, unless the
person who by virtue of this section becomes entitled to
restrain such reproduction or performance agrees to pay

such compensation as, failing agreement, may be determined
by arbitration.





(2) For the purposes of this section, the expression 'author'
includes the lecral personal representatives of a deceased author.
(3) Subject to the provisions of section 19 sub-sections (7) and
(8) and of section 33 of this Act, copyriaht shall not subsist in any

work made before the commencement of this Act, otherwise than
under, and in accordance with, the provisions of this section.

Application to British Possessions.
25.-(1) This Act, except such of the provisions thereof as are
expressly restricted to the United Kingdom, shall extend throughout
His Majesty's dominions : Provided that it shall not extend to a self-
governing dominion, unless declared by the Legislature of that
dominion to be in force therein either without any modifications or
additions, or with such modifications and additions relating exclusively
to procedure and remedies, or necessary to adapt this Act to the
circumstances of the dominion, as inay be enacted by such Legislature.
(2) If the Secretary of State certifies by notice published in the
London Gazette that any self-oovernine, dominion has passed legisla-

tion under which works, the authors whereof were at the date of the
making of the works British subjects resident elsewhere than in the
dominion or (not being British subjects) were resident in the parts of
His Majesty's dominions to which this Act extends, enjoy within the
dominion rights substantially identical with those conferred by this
Act, then, whilst such legislation continues in force, the dominion shall,
for the purposes of the rights conferred by this Act, be treated as if it
were a dominion to which this Act extends ; and it shall be lawful for
the Secretary of State to give such a certificate as aforesaid, notwith-
standing that the remedies for enforcing the rights, or the restrictions
on the importation of copies of works, manufactured in a foreign
country, under the law of the dominion differ from those under this Act.

26.-(1) The Legislature of any self- governing dominion may, at
any time, repeal all or any of the enactments relating to copyright passed
by Parliament (including this Act) so far as they are operative within
that dominion: Provided that no such repeal shall prejudicially affect
any legal rights existing at the time of the repeal, and that, on. this Act
qr any part thereof being so repealed by the Legislature of a self-govern-
ing dominion, that dominion shall cease to be a dominion to which this
Act extends.
(2) In any self-governing dominion to which this Act does not extend,
the enactments repealed by this Act shall, so far as they are operative
in that dominion, continue in force until repealed by the Legislature of
that dominion.





(3) Where His Majesty in Council is satisfied that the law of a self-
governing dominion to which this Act does not eKtend provides adequate
protection within the dominion for the works (whether published or un-
published) of authors who at the time of the making of the work were
British subjects resident elsewhere than in that dominion, His Majesty
in Council may, for the purpose of giving reciprocal protection, direct
that this Act, except such parts (if ally) thereof as may be specified in
the Order, and subject to any conditions contained therein, shall, within
the parts of His Majesty's dominions to which this Act extends, apply
to works the authors whereof were, at the tinie of the making of the
work, resident within the first-mentioned dominion, and to works first
published in that dominion *, but, save as provided by such an Order,
works the -authors whereof were resident in a dominion to which this
Act does not extend shall not, whether they are British subjects or not,
be entitled to any protection Under this Act except such protection as is
by this Act conferred oil works first published within the parts of His
Majesty's dominions to which this Act extends:
Provided that no such Order shall confer any rights within a self-
crovernino. dominion, but the Governor in Council of any self-governing
dominion to which this Act extends, may, by Order, confer within that
dominion the like rights as His Majesty in Council is, under the fore-
going provisions of this sub-section, authorised to confer within other,
parts of His Majesty's dominions.
For the purposes of this sub-section, the expression 'a dominion to
which this Act extends' includes a dominion which is for the purposes of
this Act to be treated as if it were a dominion to which this Act extends.
27. The Legislature of any British possession to which this Act
extends, may modify or add to any of the provisions of this Act in its
application to the possession, but, except so far as such modifications
and additions relate to procedure and remedies, they shall apply only to
works the authors whereof were at the time of the making of the work,
resident in the possession, and to works first published in the possession.
28. His Majesty may, by Order in Council, extend this Act to any
territories under his protection and to Cyprus, and, oil the making of
any such Order, this Act shall, subject to the provisions of the Order,
have effect as if the territories to which it applies or Cyprus were part
of His Majesty's dominions to which this Act extends.

PART 11.
INTERNATIONAL COPYRIGHT.
29.-(1) His Majesty may, by Order in Council, direct that this Act
(except such parts, if ally, thereof as may be specified in the Order)
shall apply-





(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 ;

(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, in like manner as if
the authors were British subjects;

(c) in respect of residence in a foreign country to which the
Order relates, in like inanner 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-

(i) before rnaking an Order in Council under this section in

respect of any foreign country Cotherthanaeountry
with which His Majesty has entered into a convention
relatin to copyright), His Majesty shall be satisfied
that that foreign country has inade, 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;
(ii) the Order in Council may provide that the term of copy-
right 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;
(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;
(iv) 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 ;
(v) in applying the provisions of this Act as to ownership of
copyright, the Order in Council may make such modi-
fications as appear necessary having regard to the law
of the foreign country ;





(vi) 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 virtne of section 5 of the International Copyright
Act, 1886.

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

30.-(1) All Ordel. in Council under this Part of this Act shall apply
to all His Majesty's dominions to which this Act extends except self-
governing dominions and any other possession specified in the Order
with respect to which it appears to His Majesty expedient that the
Order should not apply.

(2) The Governor in Council of any self-governing dominion to which
this Act extends may, as respects that dominion, make the like orders
as under this Part of this Act His Majesty in Council is authorised to
make with respect to His Majesty's dominions other than self-governing
dominions, and the provisions of this Part of this Act shall, with the
necessary modifications, apply accorditigly.

(3) Where it appears to His Majesty expedient to except from the
provisions of ally order ally part of his dominions not being a self-govern-
ino, dominion it shall be lawful for His Majesty by the same or ally
other Order in Council to declare that such Order and this Part of this
Act shall not, and the same shall not apply to such part, except so far
as is necessary for preventing any prejudice to any rights acquired pre-

viously to the date of such Order.

PART III.

SUPPLFAIEN-TAL PROVISIONS.
31. No person shall be entitled to copyright or any similar right in
anyliterary, domestic, musical, or artistic work, wheler published or
unpublished, otherwise than under and in accordance with the provisions
of this Act, or of any other statutory enactment for the time being in
force, but nothing in this section shall be construed as abrogating any
right or jurisdiction to restrain a breach of trust or confidence.

32.-(1) His Majesty in Council may make Orders for altering,
revoking, or varying any Order in Council made under this Act, or

under any enactments repealed by this Act, but any Order made under
this section shall not affect prejudicially any rights or interests acquired





or accrued at the date when the Order comes into operation, and shall
provide for the protection of such rights and interests.
(2) Every Order in Council made under this Act shall be published
in the London Gazette and shall be laid before both flouses of Parlia-
ment as soon as may be after it is made, and shall have effect as if
enacted in this Act.

33. Nothing in this Act shall deprive any of the universities and
colleges mentioned in the Copyrioht Act, 1775, of any copyright they
already possess under that Act, but the remedies and penalties for
infringement of any such copyright shall be under this Act and not
under that Act.

34. There shall continue to be charged on, and paid out of, the Con-
solidated Fund of the United Kincydom such annual compensation as
was immediately before the commencement of this Act payable in
pursuance of any Act as compensation to a library for the loss of the,
right to receive gratuitous copies of books :
Provided that this compensation shall not be paid to a library in an
year, unless the Treasury are satisfied that the compensation for the
previous year has been applied in the purchase of books for the use of
and to be preserved in the library.

35.-(1) In this Act, unless the context otherwise requires,-

' Literary work' includes maps, charts, plans, tables, and com-
pilations;

' Dramatic work ' includes any piece for recitation, choreographic
work or entertainment in dumb show, the scenic arrange-
ment or actiny 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 architectural works of art and engravings and photo-
graph;

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





'Engra-s,ings' include etchings, lithographs, wood-cuts.

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' rneans-
(a) an encyclopTdia, dictionary, year book, or similar work;
(b) a newspaper, review, magazine, or similar periodical;
and
(e)any work written in distinct parts by different authors,
or in which works or parts of works of different authors.
are incorporated ;

Infringing when applied to a copy of a work in which

copyright subsists, means any copy, including any colourable

imitation, rnade, or imported in contravention of the pro-
visions of this Act ;

'Perforinance' 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 copiei of any work, and
any visual 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 infringe-
inents of copyright), a work shall not be deemed to be published or
P-brformed in public, and a lecture shall not be deemed to be delivered
in public, if published, performed in public, or delivered in public,
without 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 tbis Act con-
ferring copyright shall be doerned 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 dominions to which this
Act extends.
(5) For the purposes of the provisions of this Act as to residence, in
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 he is doiniciled within
any such part.

36. Subject to the provisions of this Act, the enactments mentioned
in the second schedule to this Act are hereby repealed to the extent
specified in the third column of that schedule:
Provided that this repeal shall not take effect in any part of His
Majesty's dominions until this Act comes into operation in that part.

37.-(1) This Act may be cited as the Copyright Act, 1911.
(2) This Act shall conic into operation---
(a) in the United Kingdom, on the first day of July, 1912, or
such earlier date as ulay be fixed by Order in Council ;
(b) in a self-governing dominion to which this Act extends, at
such date as may be fixed by the Legislature of that
dominion;
(c) in the Channel Islands, at such date as may be fixed by.the
States of those islands respectively;
(d) in any other British possession to which this Act extends, on
the proclamation thereof within the possession by the
Governor.





Schedules.

FIRST SCHEDULE.

ExiSTING RIGHTS.



For the purposes of the Schedule the following expressions, where used in

the first column thereof, have the followina meannip

'Copyright', in the case of a work which according to the law in
force immediately before the commencement of this Act has
not been published before that date and statutory copyright
wherein depends on publication, includes the right at com-
mon law (if any) to restrain publication or other dealing with
the work

'Performing rioht ', in the case of a work which has not been

performed in public before the commencement of this Act,
includes the right at common law (if any) to restrain the
performance thereof in public.






SECOND SCHEDULE.

ENACTMENTS REPEALED.






Enactment Repealed,- Continued.

Act of 1911. Copyright. Act of 1911. Infringement of copyright. Act of 1911. Act of 1911. Term of copyright. Compulsory licences. Ownership of copyright, &c. Act of 1911. Civil remedies for infringement of copyright. Act of 1911. Rights of owner against persons possessing or dealing with infringing copies, &c. Exemption of innocent infringer from liability to pay damages, &c. Restriction on remedies in the case of architecture. Act of 1911. Limitation of actions. Penalties for dealing with infringing copies, &c. Act of 1911. [2 Edw. 7. C. 15. 6 Edw. 7. C. 36.] Appeals to quarter sessions. Extent of provisions as to summary remedies. Importation of copies. [39 & 40 Vict. C. 36.] Act of 1911. Delivery of copies to Britsh Museum and other libraries. Act of 1911. Works of joint authors. Posthumous works. Act 1911. Provisions as to Government publications. Provisions as to mechanical instruments. Act of 1911. Act of 1911. Act of 1911. Provision as to poligical speeches. Provision as to photographs. Act of 1911. Provision as to designs registrable under 7 Edw. 7 c. 29. Works of foreign authors first published in parts of His Majesty's dominions to which Act extends. Existing works. Act of 1911. Act of 1911. Application of Act to British dominions. Letislative powers of self-governing dominions. Act of 191. Power of Legislatures of British possessions to pass supplemental legislation. Application to protectorates. Power to extend Act to foreign works. Act of 1911. Act of 1911. [49 & 50 Vict. C. 33.] Application of Part II to British possessions. Abrogation of common law rights. Provisions as to Orders in Council. Act of 1911. Saving of university copyright [15 Geo. 3. C. 53.] Saving of compensation to certain libraries.Interpretation. Act of 1911. Act of 1911. Repeal. Short title and commencement. Act of 1911. Section 24. Act of 1911. Section 36. Act of 1911.

Act of 1911. Copyright. Act of 1911. Infringement of copyright. Act of 1911. Act of 1911. Term of copyright. Compulsory licences. Ownership of copyright, &c. Act of 1911. Civil remedies for infringement of copyright. Act of 1911. Rights of owner against persons possessing or dealing with infringing copies, &c. Exemption of innocent infringer from liability to pay damages, &c. Restriction on remedies in the case of architecture. Act of 1911. Limitation of actions. Penalties for dealing with infringing copies, &c. Act of 1911. [2 Edw. 7. C. 15. 6 Edw. 7. C. 36.] Appeals to quarter sessions. Extent of provisions as to summary remedies. Importation of copies. [39 & 40 Vict. C. 36.] Act of 1911. Delivery of copies to Britsh Museum and other libraries. Act of 1911. Works of joint authors. Posthumous works. Act 1911. Provisions as to Government publications. Provisions as to mechanical instruments. Act of 1911. Act of 1911. Act of 1911. Provision as to poligical speeches. Provision as to photographs. Act of 1911. Provision as to designs registrable under 7 Edw. 7 c. 29. Works of foreign authors first published in parts of His Majesty's dominions to which Act extends. Existing works. Act of 1911. Act of 1911. Application of Act to British dominions. Letislative powers of self-governing dominions. Act of 191. Power of Legislatures of British possessions to pass supplemental legislation. Application to protectorates. Power to extend Act to foreign works. Act of 1911. Act of 1911. [49 & 50 Vict. C. 33.] Application of Part II to British possessions. Abrogation of common law rights. Provisions as to Orders in Council. Act of 1911. Saving of university copyright [15 Geo. 3. C. 53.] Saving of compensation to certain libraries.Interpretation. Act of 1911. Act of 1911. Repeal. Short title and commencement. Act of 1911. Section 24. Act of 1911. Section 36. Act of 1911.

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