Copyright — Chambers's Encyclopaedia

Copyright is the exclusive right to multiply copies of a written or printed composition, or of a work of art. Such rights were claimed by authors even before the introduction of printing. After the invention of the printing-press, the right to publish books became the subject of licenses and patents. In Chambers's Domestic Annals of Scotland, under date November 9, 1699, may be seen a warrant of the Privy-council authorising George Mossman, stationer in Edinburgh, 'to print and sell the works of the learned Mr George Buchanan, in one volume in folio, or by parts in lesser volumes, and forbidding all others to print, import, or sell the whole or any part of the said Mr George his works, in any volume or character, for the space of nineteen years.' Similar privileges were granted in England; but all such monopolies were regarded with suspicion by common lawyers. The common law affords a certain measure of protection to works unpublished, or published only for a limited purpose. The writer of a letter, for example, transfers his property in it to the receiver; but the receiver has no right to print it for sale or distribution without the writer's consent. The copyright in published works is the creation of statute: the first Copyright Act was passed in 1709, and by virtue of its provisions authors acquired the sole liberty of printing their books during a term of fourteen years from first publication, and, if the author should be living at the end of that time, during a further term of fourteen years. While this act was in force, Thomson sold the copyright of his poems to Millar, a London bookseller. Millar claimed the right to prevent the issue of reprints by Donaldson (of Edinburgh) and others, even after the statutory term had expired, on the ground that an author had, at common law, the sole right of printing his works. Out of this dispute arose the famous cases of Millar v. Taylor, and Donaldson v. Beckett, which led to a remarkable difference of opinion among the judges. The House of Lords decided that, if any common-law right existed, it had been taken away by the statute.

At the union with Ireland, the Copyright Act was extended to that country, and the trade in cheap editions, printed in Dublin and secretly imported into Great Britain, came to an end. In 1814 the term of copyright was extended to twenty-eight years, and the residue of the author's life if he were living at the end of the term. The impetus given to literature at the beginning of the present century, and especially the popularity attained by the works of Scott and Byron, greatly increased the market value of copyright, and ultimately led to further legislation in the interest of authors and publishers. The basis of the existing law is the Copyright Act of 1842, commonly known as Talfourd's Act or Lord Mahon's Act. Macaulay's speech in the House of Commons on the second reading of this measure is one of his most successful parliamentary efforts. The law of copyright is still far from being settled; the acts which relate to the subject are extremely ill drawn. In 1878 a Royal Commission recommended 'that the law on this subject should be reduced to an intelligible and systematic form.' Pending the execution of this useful design, the provisions of the existing law may be summarised as follows.

Books.—The term of copyright in books is forty-two years, or the life of the author and seven years, whichever of the two terms is the longer. No copyright can be enjoyed in seditious or immoral publications, or in books first published out of the United Kingdom. A register of proprietors of copyright is kept at Stationers' Hall, in which the owner of a copyright may make an entry on payment of a fee of 5s. Assignments may be made by entry in the register. Non-registration does not affect the copyright, but only the right to sue in respect of the infringement thereof. In case of infringement, the owner of copyright may obtain an injunction from the High Court (in Scotland, an interdict from the Court of Session) to restrain the issue of unauthorised copies; he may also bring an action and claim damages. In such proceedings the defendant frequently pleads that he has made only a fair use of the plaintiff's work. The question, what is a fair use, is a question of common sense, rather than of law. An author may resort to previous works for facts and ideas; he may extract or abridge the copyright composition of another, provided he does not actually copy it, or an unreasonably large part of it, into his own book. Authors complain that the law as it stands does not sufficiently protect them against unfair use of their materials and ideas. The crown is said to have the sole right to authorise the printing of Bibles, copies of the Book of Common Prayer, the Westminster Confession of Faith and Catechisms, and acts of parliament. The universities are permitted to enjoy perpetual copyright in works bequeathed to them. For government publications, see BLUE-BOOKS.

Encyclopaedias and Periodicals.—Articles contributed to publications of this class, and books published in parts or series, belong to the proprietor. But the proprietor may not publish them separately without the writer's consent, and after twenty-eight years the copyright reverts to the author.

Dramas and Musical Pieces.—These, if first published in book-form, are subject to the same rules as books. But if they are performed in public before appearing in print, the author retains the sole right of permitting them to be represented during the term of copyright; and this right is distinct from the copyright he acquires if his drama or piece is published as a book. By an Act of 1882 the proprietor of a piece of music, desiring to reserve the right of performance, must give notice to that effect on the cover. Verses may not be taken from a copyright work and set to music, for sale, without permission. A novel may be dramatised without the author's permission; but if copies of the drama are published containing passages borrowed in substance from the novel, the author of the adaptation is liable to an action. In the 'Little Lord Fauntleroy Case' (1888), the right to dramatising was admitted, but it was held that the authoress could restrain the publication of copies containing passages which were taken from the novel without alteration. Even distribution of copies to the Lord Chamberlain and the actors was held an infringement of her rights; so that the right to dramatising can only be exercised with precautions which must greatly restrict it in practice.

Lectures and Speeches.—If a person delivers an address to the general public, he has probably no cause of action against any one who publishes a report of what he says. But a person addressing a limited audience for a limited purpose (as e.g. a professor instructing his class) may prevent the publication of unauthorised reports. See the case of Caird v. Sime, which was decided by the House of Lords in 1887. An Act of 1835 imposes penalties on persons printing and issuing spoken addresses without the consent of the author; but the act is so drawn that its scope and effect are somewhat doubtful.

Letters.—At common law, the copyright in a letter is retained by the writer, unless he indicates his wish that it should be published. In the absence of such indication, the receiver has no right to publish or even to sell it as a curiosity.

Newspapers registered under the Copyright Acts are copyright, but, in practice, news and even editorial matter are copied with great freedom from one newspaper into another. The adoption of an existing newspaper title, or the colourable imitation of it, is a good cause of action.

Engravings, Maps, &c.—Copyright in these is secured by several acts: the term is twenty-eight years. Each plate and print must bear the name of the proprietor. Copyright in paintings, drawings, and photographs is secured to the artist during his life and seven years after by an Act of 1862. A register of proprietors of copyright in paintings, &c. is kept at Stationers' Hall, and no action can be maintained in respect of anything done before registration.

Colonial Copyright.—The Act of 1842 extended the copyright of books printed in the United Kingdom to all the colonies thereof. Complaints were made as to the operation of this rule, and in 1847 the Foreign Reprints Act enabled the colonies to import foreign reprints of British books, on making due provision for the rights of authors. So far as authors and owners of copyright were concerned, the act proved a failure. In 1874 the Canadian Copyright Act (confirmed by the imperial parliament in 1875) enabled a British author to obtain copyright in Canada for twenty-eight years, provided his work should be published or republished in the colony. This right is concurrent with and in addition to the rights given by the imperial Act of 1842.

United States.—The American law permits authors, designers, &c. to acquire copyright for twenty-eight years; a further term of fourteen years may be secured by the author, if alive, or by his widow or children. Until 1891 copyright could only be acquired by a citizen of, or permanent resident in, the United States. British authors had much reason to complain of this state of the law; and American authors were injured by having to compete with cheap unauthorised reprints of British works. There was at one time an understanding that the American publisher who first placed a British work on the market obtained copyright by courtesy; and considerable sums were paid for 'advance sheets' in order to obtain this advantage, but the 'courtesy of the trade' came to be disregarded. Under an act which came in force 1st July 1891, copyright can only be acquired by authors who are not citizens of the United States, provided that not later than the day of publication of the work there or in any other country, two copies of each book, map, dramatic or musical composition, engraving, or photograph, be delivered at the office of the Librarian of Congress at Washington; such book to be printed from type set up in the United States, or from plates made therefrom. This act only applies to citizens of a foreign state, when such foreign state permits to citizens of the United States copyright on the same basis as its own citizens, or is a party to an international agreement to which the United States may become a party at pleasure. Under this act English pub- lications may be copyrighted in the United States (see G. H. Putnam, The Question of Copyright, New York, 1891).

International Copyright.—An act was passed in 1844 which enables foreign authors and artists to secure copyright in Britain for their works, provided due protection has been secured by the country in which such works were produced for the benefit of those interested in similar works published in Her Majesty's dominions. An international conference was held at Bern in 1885. The conference comprised Britain, Germany, France, Spain, Switzerland, and Sweden and Norway, but not the United States; and an Act of 1886 empowered the Queen to accede to the convention then prepared in draft.

Foreign Laws.—It is not possible here to give details of the formalities required by foreign copyright laws. But the term of literary copyright has been so much discussed that it may be interesting to note the provisions of foreign laws on this point. The term in France is life and fifty years; in Belgium, life and twenty years; in Germany, life and thirty years; in Italy, life and forty years (with a further term of forty years, during which the proprietor is entitled to a royalty). In Russia, Spain, and Portugal the term is life and fifty years; in Holland, life and twenty years.

The policy of the copyright laws and the amendments required are discussed in the Report of the Royal Commission of 1878. See also Jerrold's Handbook of English and Foreign Copyright, and the works of Scrutton, Copinger, Shortt, Bowker, and A. Birrell (1899) on the laws of copyright; and Constant, Code Général des Droits d'Auteur (1888).