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International Copyright Act, 1886.

country, the author and publisher of any literary or artistic work first produced before the date at which such order comes into operation, shall be entitled to the same rights and remedies as if the said Acts and this Act and the said order had applied to the said foreign country at the date of the said production: Provided that, where any person has before the date of the publication of an Order in Council lawfully produced any work in the United Kingdom, nothing in this section shall diminish or prejudice any rights or interests arising from or in connection with such production, which are subsisting and valuable at the said date.

7. Where it is necessary to prove the existence or pro- Evidence of prietorship of the copyright of any work first produced in foreign Copya foreign country to which an Order in Council under the International Copyright Acts applies, an extract from a register or a certificate or other document stating the existence of the copyright or the person who is the proprietor of such copyright or is, for the purpose of any legal proceedings in the United Kingdom, deemed to be entitled to such copyright if authenticated by the official seal of a Minister of State of the said foreign country, or by the official seal or the signature of a British diplomatic or consular officer acting in such country, shall be admissible as evidence of the facts named therein, and all courts shall take judicial notice of every such official seal and signature as is in this section mentioned, and shall admit in evidence without proof the documents authenticated by it.

8. (1.) The Copyright Acts shall, subject to the provi. Application sions of this Act, apply to a literary or artistic work first Acts to Coloproduced in a British possession in like manner as they nies. apply to a work first produced in the United Kingdom : Provided that

(a.) The enactments respecting the registry of the copyright in such work shall not apply if the law of such possession provides for the registration of such copyright ; and

(6.) Where such work is a book, the delivery to any persons or body of persons of a copy of any such work shall not be required :

(2.) Where a register of copyright in books is kept under the authority of the Government of a British possession, an extract from that register purporting to be certified as a true copy by the officer keeping it, and authenticated by

International Copyright Act, 1886.

the public seal of the British possession, or by the official seal or the signature of the Governor of a British possession, or of a Colonial Secretary, or of some Secretary or Minister administering a Department of the Government of a British possession, shall be admissible in evidence of the contents of that register, and all courts shall take judicial notice of every such seal and signature, and shall admit in evidence without further proof all documents authenticated by it:

(3.) Where before the passing of this Act an Act or Ordinance has been passed in any British possession respecting copyright in any literary or artistic works, Her Majesty in Council may make an order modifying the Copyright Acts and this Act, so far as they apply to such British possession and to literary and artistic works first produced therein, in such manner as to Her Majesty in Council seems expedient:

(4.) Nothing in the Copyright Acts or this Act shall prevent the passing in a British possession of any Act or Ordinance respecting the copyright, within the limits of such possession, of works first produced in that possession.

Application 9. Where it appears to Her Majesty expedient that an of International

Order in Council under the International Copyright Acts Copyright made after the passing of this Act, as respects any foreign Acts to Colo- country should not apply to any British possession, it shall

be lawful for Her Majesty, by the same or any other Order in Council, to declare that such order and the International Copyright Acts and this Act shall not and the same shall not apply to such British possession, except so far as is necessary for preventing any prejudice to any rights acquired previously to the date of such order; and the expressions in the said Acts relating to Her Majesty's dominions shall be construed accordingly; but, save as provided by such . declaration, the said Acts and this Act shall apply to every British possession, as if it were part of the United Kingdom.

Making of
Orders in
Council.

10. (1.) It shall be lawful for Her Majesty, from time to time, to make Orders in Council for the purposes of the International Copyright Acts and this Act for revoking or altering any Order in Council previously made in pursuance of the said Acts, or any of them :

(2.) Any such Order in Council shall not affect prejudicially any rights acquired or accrued at the date of such order coming into operation, and shall provide for the protection of such rights.

International Copyright Act, 1886.

11. In this Act, unless the context otherwise requires, the Definitions, expression “literary and artistic work” means every book, print, lithograph, article of sculpture, dramatic piece, musical composition, painting, drawing, photograph and other work of literature and art to which the Copyright Acts, or the International Copyright Acts, as the case requires, extend :

The expression "author" means the author, inventor, designer, engraver or maker of any literary or artistic work, and includes any person claiming through the author; and in the case of a posthumous work, means the proprietor of the manuscript of such work, and any person claiming through him; and, in case of any encyclopædia, review, magazine, periodical work, or work published in a series of books or parts, includes the proprietor, projector, publisher or conductor :

The expressions "performed” and “performance” and similar words include representation and similar words:

The expression “produced” means, as the case requires, published or made, or performed, or represented, and the expression “production " is to be construed accordingly:

The expression “book published in numbers” includes any review, magazine, periodical work, work published in a series of books or parts of transactions of a society or body and other books of which different volumes or parts are published at different times :

The expression" treaty” includes any convention or arrangement :

The expression “ British possession ”includes any part of Her Majesty's dominions exclusive of the United Kingdom ; and where parts of such dominions are under both a central and a local legislature all parts under one central legislature are, for the purposes of this definition, deemed to be one British possession.

12. The Act specified in the third schedule to this Act Repeal of are hereby repealed, as from the passing of this Act to the extent in the third column of that schedule mentioned : Provided as follows:

(a.) Where an Order in Council has been made before the passing of this Act under the said Acts as respects any foreign country, the enactments hereby repealed shall continue in full force as respects that country until the said order is revoked.

(6.) The said repeal and revocation shall not prejudice any rights acquired previously to such repeal or revocation, and such rights shall continue and may be enforced in like manner as if the said repeal or revocation had not been enacted or made.

Acts.

International Copyright Act, 1886.

FIRST SCHEDULE.
INTERNATIONAL COPYRIGHT ACTS.

PART I.

Session and Chapter.

Title.

Short Title.

7 and 8 Vict., c. 12 An Act to amend the law relating to International The International Co-
Copyright.

pyright Act, 1844.
15 and 16 Vict., c. 12... An Act to enable Her Majesty to carry into effect The International Co-

a convention with France on the subject of pyright Act, 1852.
copyright, to extend and explain the Interna-
tional Copyright Acts and to explain the Acts

relating to copyright in engravings.
38 and 39 Vict., c. 12... An Act to amend the law relating to Interna- The International Co-
tional Copyright.

pyright Act, 1875.

PART II.

Session and Chapter.

Title.

Enactment referred to.

25 and 26 Vict., c. 68... An Act for amending the law relating to copy-Section twelve.

right in works of the fine arts and for repres-
sing the commission of fraud in the production
and sale of such works

SECOND SCHEDULE.

COPYRIGHT ACTS.

Session and Chapter.

Title.

Short Title.

8 Geo. II, c. 13........

7 Geo. III, c. 38.......

15 Geo. III, c. 53.....

An Act for the encouragement of the arts of de- The Engraving Copy-

signing, engraving and etching historical and right Act, 1734.
other prints by vesting the properties thereof
in the inventors and engravers during the

time therein mentioned.
An Act to amend and render more effectual an The Engraving Copy-

Act made in the eighth year of the reign of right Act, 1766.
King George the Second for encouragement
of the arts of designing, engraving and etching
historical and other prints, and for vesting in
and securing to Jane Hogarth, widow, the

property in certain prints.
An Act for enabling the two universities in Eng- The Copyright Act,

land, the four universities in Scotland and the 1775.
several colleges of Eton, Westminster and
Winchester to hold in perpetuity their copy:
right in books given or bequeathed to the said
universities and colleges for the advancement
of useful learning and other purposes of edu-
cation ; and for amending so much of an Act
of the eighth year of the reign of Queen Anne
as relates to the delivery of books to the ware-
house keeper of the Stationers' Company for
the use of the several libraries therein men-
tioned.

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17 Geo. III, c. 57......... An Act for more effectually securing the property The Prints Copyright

of prints to inventors and engravers by en Act, 1777.
abling them to sue for and recover penalties

in certain cases.
54 Geo. III, c. 56......... An Act to amend and render more effectual an The Sculpture Copy-

Act of His present Majesty for encouraging right Act, 1814.
the art of making new models and casts of
busts and other things therein mentioned and

for giving further encouragement to such arts.
3 Will. IV, c. 15.......... An Act to amend the laws relating to Dramatic The Dramatic Copy-
Literary Property.

right Act, 1833.
5 and 6 Will. IV, c. 65. An Act for preventing the publication of Lectures The Lectures Copy-
without consent

right Act, 1835.
6 and 7 Will. IV, c. 69. An Act to extend the protection of copyright in The Prints and En-
prints and engravings to Ireland.

gravings Copyright

Act, 1836.
6 and 7 Will. IV, c. 110. An Act to repeal so much of an Act of the fifty. The Copyright Act,

fourth year of King George the Third res 1836.
pecting copyright as requires the delivery
of a copy of every published book to the
libraries of Sion College, the four univer-
sities of Scotland and of the King's Inns in

Dublin.
5 and 6 Vict., c. 45...... An Act to amend the law of copyright

The Copyright Act,

1842.
10 and 11 Vict., c. 95... An Act to amend the law relating to the protec- The Colonial Copy-

tion in the colonies of works entitled to copy- right Act, 1847.

right in the United Kingdom.
25 and 26 Vict., c. 68... An Act for amending the law relating to copy- The Fine Arts Copy-

right in workø of fine arts and for repressing right Act, 1862.
the commission of fraud in the production and
sale of such works.

THIRD SCHEDULE.

ACTS REPEALED.

Session and Chapter.

Title.

Extent of Repeal.

7 and 8 Vict., c. 12...... An Act to amend the law relating to Interna- Sections fourteen,
tional Copyright.

seventeen and

eighteen.
15 and 16 Vict., c. 12... An Act to enable Her Majesty to carry into effect Sections one to five,

a convention with France on the subject of both inclusive, and
copyright, to extend and explain the Interna sections eight and
tional Copyright Acts and to explain the Acts eleven.

relating to copyright engravings.
25 and 26 Vict., c. 68... An Act for amending the law relating to copy. So much of section

right in works of fine arts and for repressing twelve as incorpor-
the commission of fraud in the production and ates any enactment
sale of such works.

repealed by this Act.

OTTAWA : Printed by Brown CHAMBERLIN, Law Printer (for Canada) to the Queen's Most

Excellent Majesty.

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