The Copyright Act, 1911, annotated

by Evan James Macgillivray

THE

COPYRIGHT ACT, 1911,

ANNOTATED.

WITH APPENDIX

CONTAINING

THE REVISED CONVENTION OF BERNE.

BY

E. J. MACGILLIVRAY, LL.B.,

OF THE INNER TEMPLE, BARRISTER-AT-LAW,

AND MEMBER OF THE FACULTY OF ADVOCATES IN SCOTLAND.

AUTHOR OF "THE LAW OF COPYRIGHT," "A DIGEST OF THE LAW OF COPYRIGHT,"

AND "INSURANCE LAW."

LONDON:

STEVENS AND SONS, LIMITED,

119 & 120, CHANCERY LANE,

Law Publishers.

1912.

CONTENTS.

PART I. — Imperial Copyright.
Rights.
SECT.		PAGE
1.	Copyright	1
2.	Infringement of Copyright	26
3.	Term of Copyright	45
4.	Compulsory Licences	51
5.	Ownership of Copyright, &c.	52
Civil Remedies.
6.	Civil Remedies for Infringement of Copyright	72
7.	Rights of Owner against Persons possessing or dealing with Infringing Copies, &c.	82
8.	Exemption of Innocent Infringer from Liability to pay Damages, &c.	86
9.	Restriction on Remedies in the case of Architecture	88
10.	Limitation of Actions	90
Summary Remedies.
11.	Penalties for dealing with Infringing Copies, &c.	92
12.	Appeals to Quarter Sessions	104
13.	Extent of Provisions as to Summary Remedies	105
Importation of Copies.
14.	Importation of Copies	106
Delivery of Books to Libraries.
15.	Delivery of Copies to British Museum and other Libraries	112
Special Provisions as to certain Works.
16.	Works of Joint Authors	117
17.	Posthumous Works	120
18.	Provisions as to Government Publications	123
19.	Provisions as to Mechanical Instruments	125
20.	Provision as to Political Speeches	133
21.	Provisions as to Photographs	133
22.	Provisions as to Designs registrable under 7 Edw. 7, c. 29	136
23.	Works of Foreign Authors first published in Parts of His Majesty's Dominions to which Act extends	138
24.	Existing Works	139
Application to British Possessions.
25.	Application of Act to British Dominions	146
26.	Legislative Powers of Self-governing Dominions	147
27.	Power of Legislatures of British Possessions to pass Supplemental Legislation	148
28.	Application to Protectorates	149
PART II.—International Copyright.
29.	Power to extend Act to Foreign Works	153
30.	Application of Part II. to British Possessions	155
PART III.—Supplemental Provisions.
31.	Abrogation of Common Law Rights	159
32.	Provisions as to Orders in Council	160
33.	Saving of University Copyright	160
34.	Saving of Compensation to certain Libraries	161
35.	Interpretation	162
36.	Repeal	166
37.	Short Title and Commencement	167
	Schedules	168
APPENDIX.
Revised Convention of Berne		171

COPYRIGHT ACT, 1911.

(1 & 2 Geo. 5, ch. 46.)

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Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—