ACT of the British Parliament, "to enable Her Majesty to carry into effect a Convention with France on the subject of Copyright; to extend and explain the International Copyright Acts; and to explain the Acts relating to Copyright in Engravings." [15 Vict. cap. 12.] [May 28, 1852.] WHEREAS an Act was passed in the 7th year of the reign of her present Majesty [cap. 12],* intituled "An Act to amend the Law relating to International Copyright," hereinafter called "The International Copyright Act:" and whereas a Convention has lately been concluded between Her Majesty and the French Republic, for extending in each country the enjoyment of copyright in works of literature and the fine arts first published in the other, and for certain reductions of duties now levied on books, prints, and musical works published in France: and whereas certain of the stipulations on the part of Her Majesty, contained in the said Treaty, require the authority of Parliament: and whereas it is expedient that such authority should be given, and that Her Majesty should be enabled to make similar stipulations in any Treaty on the subject of copyright which may hereafter be concluded with any foreign Power: be it enacted by the Queen'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: ART. I. The 18th section of the said Act of the 7th year of Her present Majesty, chapter 12, shall be repealed, so far as the same is inconsistent with the provisions hereinafter contained. II. Her Majesty may, by Order in Council, direct that the authors of books, which are, after a future time, to be specified in such Order, published in any foreign country, to be named in such Order, their executors, administrators, and assigns, shall, subject to the provisions hereinafter contained or referred to, be empowered to prevent the publication in the British dominions of any translations of such books not authorized by them, for such time as may be specified in such Order, not extending beyond the expiration of 5 years from the time at which the authorized translations of such books hereinafter mentioned are respectively first published, and in the case of books published in parts, not extending as to each part beyond the expiration of 5 years from the time at which the authorized translation of such part is first published. III. Subject to any provisions or qualifications contained in such Order, and to the provisions herein contained or referred to, the laws and enactments for the time being in force for the purpose of * Vol. XXXIV. Page 1128. preventing the infringement of copyright in books published in the British dominions shall be applied for the purpose of preventing the publication of translations of the books to which such Order extends which are not sanctioned by the authors of such books, except only such parts of the said enactments as relate to the delivery of copies of books for the use of the British Museum, and for the use of the other libraries therein referred to. IV. Her Majesty may, by Order in Council, direct that authors of dramatic pieces which are, after a future time, to be specified in such Order, first publicly represented in any foreign country, to be named in such Order, their executors, administrators, and assigns, shall, subject to the provisions hereinafter mentioned or referred to, be empowered to prevent the representation in the British dominions of any translation of such dramatic pieces not authorized by them, for such time as may be specified in such Order, not extending beyond the expiration of 5 years from the time at which the authorized translations of such dramatic pieces hereinafter mentioned are first published or publicly represented. V. Subject to any provisions or qualifications contained in such last-mentioned Order, and to the provisions hereinafter contained or referred to, the laws and enactments for the time being in force for ensuring to the author of any dramatic piece first publicly represented in the British dominions the sole liberty of representing the same shall be applied for the purpose of preventing the representation of any translations of the dramatic pieces to which such last-mentioned Order extends, which are not sanctioned by the authors thereof. VI. Nothing herein contained shall be so construed as to prevent fair imitations or adaptations to the English stage of any dramatic piece or musical composition published in any foreign country. VII. Notwithstanding anything in the said International Copyright Act or in this contained, any article of political discussion which has been published in any newspaper or periodical in a foreign country may, if the source from which the same is taken be acknowledged, be republished or translated in any newspaper or periodical in this country; and any article relating to any other subject which has been so published as aforesaid may, if the source from which the same is taken be acknowledged, be republished or translated in like manner, unless the author has signified his intention of preserving the copyright therein, and the right of translating the same, in some conspicuous part of the newspaper or periodical in which the same was first published, in which case the same shall, without the formalities required by the next following section, receive the same protection as is by virtue of the International Copyright Act or this Act extended to books. VIII. No author, or his executors, administrators, or assigns, shall be entitled to the benefit of this Act, or of any Order in Council issued in pursuance thereof, in respect of the translation of any book or dramatic piece, if the following requisitions are not complied with (that is to say): 1. The original work from which the translation is to be made must be registered, and a copy thereof deposited in the United Kingdom in the manner required for original works by the said International Copyright Act, within 3 calendar months of its first publication in the foreign country. 2. The author must notify on the title page of the original work, or if it is published in parts, on the title page of the first part, or if there is no title page, on some conspicuous part of the work, that it is his intention to reserve the right of translating it. 3. The translation sanctioned by the author, or a part thereof, must be published either in the country mentioned in the Order in Council, by virtue of which it is to be protected, or in the British dominions, not later than one year after the registration and deposit in the United Kingdom of the original work, and the whole of such translation must be published within 3 years of such registration and deposit. 4. Such translation must be registered, and a copy thereof deposited in the United Kingdom within a time to be mentioned in that behalf in the Order by which it is protected, and in the manner provided by the said International Copyright Act for the registration and deposit of original works. 5. In the case of books published in parts, each part of the original work must be registered and deposited in this country in the manner required by the said International Copyright Act within 3 months after the first publication thereof in the foreign country. 6. In the case of dramatic pieces the translation sanctioned by the author must be published within 3 calendar months of the registration of the original work. 7. The above requisitions shall apply to articles originally published in newspapers or periodicals if the same be afterwards published in a separate form, but shall not apply to such articles as originally published. IX. All copies of any works of literature or art wherein there is any subsisting copyright by virtue of the International Copyright Act and this Act, or of any Order in Council made in pursuance of such Acts or either of them, and which are printed, reprinted, or made in any foreign country except that in which such work shall be first published, and all unauthorized translations of any book or dramatic piece, the publication or public representation in the British dominions of translations whereof not authorized as in this Act mentioned, shall for the time being be prevented under any Order in Council made in pursuance of this Act, are hereby absolutely prohibited to be imported into any part of the British dominions, except by or with the consent of the registered proprietor of the copyright of such work, or of such book or piece, or his agent authorized in writing; and the provision of the Act of the 6th year of Her Majesty [cap. 45],* "to amend the Law of Copyright," for the forfeiture, seizure, and destruction of any printed book first published in the United Kingdom, wherein there shall be copyright, and reprinted in any country out of the British dominions, and imported into any part of the British dominions by any person not being the proprietor of the copyright, or a person authorized by such proprietor, shall extend and be applicable to all copies of any works of literature and art, and to all translations, the importation whereof into any part of the British dominions is prohibited under this Act. X. The provisions hereinbefore contained shall be incorporated with the International Copyright Act, and shall be read and construed therewith as one Act. XI. And whereas Her Majesty has already, by Order in Council under the said International Copyright Act, given effect to certain stipulations contained in the said Convention with the French Republic; and it is expedient that the remainder of the stipulations on the part of Her Majesty in the said Convention contained should take effect from the passing of this Act without any further Order in Council: during the continuance of the said Convention, and-so long as the Order in Council already made under the said International Copyright Act remains in force, the provisions hereinbefore contained shall apply to the said Convention, and to translations of books and dramatic pieces which are, after the passing of this Act, published or represented in France, in the same manner as if Her Majesty had issued her Order in Council in pursuance of this Act for giving effect to such Convention, and had therein directed that such translations should be protected as hereinbefore mentioned for a period of 5 years from the date of the first publication or public representation thereof respectively, and as if a period of 3 months from the publication of such translation were the time mentioned in such Order as the time within which the same must be registered and a copy thereof deposited in the United Kingdom. XII. And whereas an Act was passed in the 10th year of Her present Majesty, [cap. 58],† intituled "An Act to amend an Act of the 7th and 8th years of Her present Majesty for reducing, under certain circumstances, the Duties payable upon Books and Engravings:" And whereas by the said Convention with the French * Vol. XXXI. Page 970. † Vol. XXXIV. Page 416. Republic it was stipulated that the duties on books, prints, and drawings published in the territories of the French Republic should be reduced to the amounts specified in the Schedule to the said Act of the 10th year of Her present Majesty, cap. 58: And whereas Her Majesty has, in pursuance of the said Convention, and in exercise of the powers given by the said Act, by Order in Council declared that such duties shall be reduced accordingly: And whereas by the said Convention it was further stipulated that the said rates of duty should not be raised during the continuance of the said Convention; and that if during the continuance of the said Convention any reduction of those rates should be made in favour of books, prints, or drawings published in any other country, such reduction should be at the same time extended to similar articles published in France: And whereas doubts are entertained whether such lastmentioned stipulations can be carried into effect without the autho rity of Parliament: Be it enacted, that the said rates of duty so reduced as aforesaid shall not be raised during the continuance of the said Convention; and that if during the continuance of the said Convention any further reduction of such rates is made in favour of books, prints, or drawings published in any other foreign country, Her Majesty may, by Order in Council, declare that such reduction should be extended to similar articles published in France, such Order to be made and published in the same manner and to be subject to the same provisions as Orders made in pursuance of the said Act of the 10th year of Her present Majesty, cap. 58. XIII. And whereas doubts have arisen as to the construction of the Schedule of the Act of the 10th year of Her present Majesty, cap. 58: It is hereby declared, that for the purposes of the said Act every work published in the country of export, of which part has been originally produced in the United Kingdom, shall be deemed to be and be subject to the duty payable on "works originally produced in the United Kingdom, and republished in the country of export," although it contains also original matter not produced in the United Kingdom, unless it shall be proved to the satisfaction of the Commissioners of Her Majesty's Customs by the importer, consignee, or other person entering the same that such original matter is at least equal to the part of the work produced in the United Kingdom, in which case the work shall be subject only to the duty on "works not originally produced in the United Kingdom." XIV. And whereas by the 4 several Acts of Parliament following (that is to say), an Act of the 8th year of the reign of King George II, cap. 13; an Act of the 7th year of the reign of King George III, cap. 38; an Act of the 17th year of the reign of King George III, cap. 57; and an Act of the 7th year of King William |