Jump to content

Page:The copyright act, 1911, annotated.djvu/136

From Wikisource
This page needs to be proofread.

124

��Copyright Act, 1911.

��18.

��Goveriimeut publicatious.

��Treasury minute.

��G-oveniment publications "which are free.

��licensees have never objected to the printing of the Bible, or portions of the Bible, with notes, and probably no objection could now bo taken to this being done by any i)erson. The notes, however, must be substantial, and not inerelj^ illusory (o) .

As regards Government publications, such as ordnance maps, reports, and other papers, the title of the Crown has hitherto not been very clear. It would seem that, in such works, the copyright is prima facie in the author, and that the Crown could only show a title by assign- ment from the author. Certain works might, as collec- tive works, come under the provisions of sect. 18 of the Copyright Act, 1842, and others might vest in the Crown on the ground that the work done by a ]3aid servant in the course of his employment vests ah initio in the em- jiloyer. In many cases, however, the difficulties of proof, either of title or duration of copyright, were consider- able, and the object of this section is to get over such difhculties by vesting all copyrights in the Crown for a period of fifty years from publication. The introduc- tory words of the section will operate to preserve the Royal prerogative in the Bible and Common Prayer Book.

The Treasury does not in fact enforce the full rights of the Crown in respect of all Government jDublications, and on August Slst, 1887, they jDublished in the London Crazettc a minute specifying those classes of jjublications in respect of which the rights of the Crown would not be enforced, and those classes in respect of which they would.

The following works are declared to be free, and any person may print and publish them with or Avithout notes: —

1 . Reports of Select Committees of the two Houses of

Parliament or of Roj^al Commissions.

2. Papers required by statute to be laid before Par-

liament, e.g., Orders in Council, Rules made by Government Departments, Accounts. Reports of Government Inspectors.

3. Papers laid before Parliament by Command, e.g..

Treaties, Diplomatic Correspondence, Reports from Consuls and Secretaries of Legations,

��(o) Baskett v. Cunningham (1762), Black. 370.

�� �