Jump to content

Page:The copyright act, 1911, annotated.djvu/178

From Wikisource
This page needs to be proofread.

166 Copyright Act, 1911.

§ 35 (3). abroad ^^'itlu^ which copyright can be secured bj^ pub- lication Avithin the limits ol the Act. Under existing la\\ a formal publication of a few copies at an excessive pricje is probably sufficient to secure copyright, and the provision that the j)ublication shall be such as to satisfy the reasonable demands of the pul)lie -w-ill oft'ect an altera- tion in the law.

(-1) Where, in the case of an unpublished work, the making of a work has extended over a con- siderable period, the conditions of this Act con- ferring copyright sliall be deemed to have been complied with, if the author was, during any sub- stantial part of that period, a British subject or a resident within the parts of His Majesty's dominions to which this Act extends.

Sub-sect. (4 is consequential ujaon making the pro- tection of unpublished works depend upon the nationality or place of residence of the author. It will remove a doubt which now exists under the similar provisions of the Fine Arts Copyright Act, 1862.

(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 he is domiciled within any such part.

Sub-sect. (5) is not intended to be a definition of " resident," but it is so worded as to give that imiDression. The meaning of the paragraph would bo clearer if it ran : —

"For the purjjoses of the ])rovisions of this Act as to residenoe, an author of a work who is domiciled in any part of His Majesty's dominions to which this Act ex- tends, shall bo deemed to bo a resident within such part."

Repeal. 36. Subject to the provisions of this Act, the

enactments mentioned in the Second Schedule to

�� �