The Copyright Question - A Letter to the Toronto Board of Trade by George N. (George Nathaniel) Morang
page 12 of 23 (52%)
page 12 of 23 (52%)
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States, the ground of objection being, that the enactment of the Congress
of the United States and the President's proclamation of July 1st, 1891, extending the benefits of the Chace Bill to all British subjects, did not constitute "an International Copyright Treaty" within the meaning of the Canadian Copyright Act, which provides, as pointed out above, that _any person domiciled in Canada or any part of the British possessions, or being a citizen of any country having an International Copyright Treaty with the United Kingdom_, who is an author of any book, etc., shall have the sole right of printing, publishing, etc., for a number of years on certain conditions. This is a narrow construction of the Canadian Act, and savours somewhat of smartness and sharp practice. I believe it is not a fair construction and is certainly not in accord with the spirit and manifest intention of the Act. I am not alone in entertaining this opinion which still remains to be tested. In February, 1897, the United States Government proposed the negotiation of a Copyright Convention which would expressly meet this allegation of the Canadian Government. This proposal the Canadian Government declined to entertain. Far greater liberality in copyright matters is shown in the United States to Canadian authors, than is shown in Canada to American authors. A Canadian author can secure copyright in the United States if he prints his work in that country, and publishes contemporaneously with the publication in Canada. An American author parting with his rights for Canada to a Canadian publisher who may print an edition in Canada, cannot, as the law is interpreted at Ottawa, secure any protection in the Canadian market until after the book has been registered at Stationers' Hall in London. As the law is construed in England, an author who desires to secure British copyright by publication in Canada must comply with the Canadian |
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