RETURN

To an Address to THE SENATE, dated 16th March, 1870;-For Copies of all Correspondence which has taken place, since the 30th March, 1869, between the Imperial and Dominion Governments, as well as between the latter and any person or persons on the subject of legalizing, under certain conditions, the reprint of British Copyright Works in the Dominion.

SIR, I have the honor to transmit to you the accompanying copies of correspondence on the subject of Copyright Law in Canada, to be communicated to the Senate, in reply to the address of the 16th instant, herewith returned.

The Honorable

I have the honor to be, Sir,

Your most obedient humble Servant,
F. TURVILLE,

Governor's Secretary.

The Secretary of State for Canada, &c., &c., &c.

The Secretary of State for the Colonies to the Governor General.

[Copy.] Canada.-No. 193.

DOWNING STREET, 20th October, 1869.

SIR, I have the honor to acknowledge the receipt of your despatch, No. 40, of the 15th April last, enclosing a Minute of your Privy Council, and a report from the Minister of Finance, urging the amendment of the Imperial Law with a view to Canadian publishers being placed on an equal footing with publishers in the United States as regards British Copyright Works.

The anomalous position of this question is adverted to in the despatch of my predecessor of the 31st of July, 1868, but the matter is one of some difficulty, and Her Majesty's Government find it necessary to collect further information on it before deciding finally on the proposals of the Canadian Government.

In the meantime, there is one point in the operation of the Imperial Law as it now stands, which is not affected by the difficulties which surround the general question, viz:— that whilst, by the present law, publication in the United Kingdom gives Copyright throughout the British Empire, publication in a Colony cannot give Copyright beyond the limits of the colony.

This disability no doubt operates unfairly on colonial interests, and Her Majesty's Government are prepared to take steps, during the next Session of Parliament with a view to the amendment of the Law in this particular.

I have, &c.,

(Signed,)

Governor General

The Right Honorable Sir JOHN YOUNG, Bt., G.C.B., G.C.M.G., &c.

[Copy.] No. 159.

GRANVILLE.

Sir John Young to Earl Granville.

GOVERNMENT HOUSE,

OTTAWA, 20th December, 1869.

MY LORD, With reference to my despatch, No. 40, of the 15th April last, I have the honor to transmit herewith, additional copies of the correspondence respecting the Copyright Law in Canada.

The Earl Granville, K.G., &c.

I have, &c.,

(Signed,)

JOHN YOUNG.

The Secretary of State for the Colonies to the Governor General. [Copy.] Canada, No. 43.

DOWNING STREET, 17th February, 1870.

SIR,--With reference to my despatch, No. 193, of 20th October last, and to previous correspondence respecting the operation in the Dominion of Canada of the Laws affecting the reprint of British Copyright Works, I transmit to you, for your information, a copy of a letter from the Foreign Office, with a copy of the answer which has been returned to it, on the subject of a proposed Convention with the United States, for the Reciprocal protection of Copyright.

SIR,—I am directed by the Earl of Clarendon to acquaint you, for the information of Earl Granville, that he has received, privately, from Her Majesty's Minister in the United States, the Draft of a Convention for the reciprocal protection of Copyright,

which he thinks the American Government would be willing to conclude with this Country-Lord Clarendon has confidentially communicated the Draft to the Board of Trade, and the Board agree with him in opinion that the terms of the Draft would secure all the substantial objects at which Her Majesty's Government have aimed, in endeavouring to conclude a treaty of Copyright with the United States.

Lord Clarendon would therefore have been disposed to instruct Her Majesty's Minister at Washington, after asking for explanations with regard to one or two points of no practical importance, at once to sign the Convention if he found the Government of the United States ready to do so. There is, however, a question connected with this subject, to which the Board of Trade have called Lord Clarendon's attention, namely, the proposal submitted by the Canadian Government, in the course of the present year, with respect to the state of the Copyright Law in the Dominion. This proposal led to a correspondence between the Colonial Office and the Board of Trade, and to a suggestion by the latter that the Copyright Law of this Country should be so amended, as to give to works published in Canada, the protection now given only to works published in the United Kingdom, that is the privilege of Copyright throughout the British Empire.

Lord Clarendon desires me to transmit, for Earl Granville's perusal, a copy of the letter which has been received at this office from the Board of Trade on the subject, and to state that he proposes to instruct H. M.'s Minister at Washington to make a communication to the Government of the United States, in the sense suggested in the letter of the Board of Trade. Should His Lordship concur in this course, it will be for him to consider the further suggestion of the Board of Trade, that the Canadian Government should be made acquainted with the course which H. M.'s Government propose to take in this I have, &c.,

matter.

The Under-Secretary of State, Colonial Office.

(Signed,)

ARTHUR OTWAY.

[Copy.]

Mr. Lefevre to Under-Secretary of State, F.O.

BOARD OF TRADE, November 18th, 1869.

SIR,--In reply to your letter of the 9th inst., I am directed by the Lords of the Committee of Privy Council for Trade to state, for the information of the Earl of Clarendon, that after a complete examination of the provisions of the Draft Copyright Convention with the United States of America, transmitted in your letter, they concur with His Lordship in the opinion that all the substantial objects at which H. M.'s Government has aimed in endeavouring to conclude a Copyright Treaty with the U. S. of America would be secured by the terms of the draft in question, and that it might, therefore, be accepted as it stands.

The two points to which my Lords referred in the concluding paragraph of their letter of the 6th inst., do not appear to them to be of any practical importance, and it will be sufficient, in their opinion, that Mr. Thornton should be instructed to inform H. M.'s Government as to the reasons on account of which the provisions to which they relate have been omited.

With respect to the provisions in Article III. in the matter of imitations or adaptations of dramatic works which it has been proposed to modify in our existing treaties of Copyright, I am to observed that my Lords have never attached much importance to the proposed modification, and as the French Government appear to have dropped the subject, it seems scarcely necessary to revive it.

There is another question however connected with this subject o hich my Lords. desire to call Lord Clarendon's attention.

A correspondence took place this year between Her Majesty's Secretary of State for the Colonies and this Board, upon a proposal submitted by the Canadian Government with respect to the state of Copyright Law in the Dominion, which led to a suggestion by my Lords, that the Copyright Law of this country should be so amended as to give to works published in Canada, the protection now only given to works published in the United Kingdom; viz. :-the privilege of Copyright throughout the British Empire.

This suggestion was made by my Lords on grounds of equity towards Canada, and irrespective of all international arrangements between this country and the United States of America with respect to Copyright, but in the event of such arrangements being made, the reasons in favor of the proposed amendment of the Imperial Law will become more than ever urgent.

The Bill which, as Lord Clarendon will perceive from the enclosed correspondence, is now in course of preparation is directed to an amendment of Imperial Law, in this respect, and my Lords are of opinion that this point should be, clearly explained to the Government of the United States in any negotiation on this subject, and that Mr. Thornton should be authorized, if desired by the Government of the United States, or by the Government of Canada, either to insert an article in the Convention, binding Her Majesty's Government to propose to Parliament the extension of Imperial Copyright to publications in all British possessions, or providing that the notifications of the convention itself should be made subject to the adoption by Parliament of the measure in question.

My Lords are inclined to fear that unless this course be taken, the Convention would fail to satisfy the United States and at the same time create much dissatisfaction in Canada, and lead to the discussion of questions of constitutional right which it is on every ground important

to avert.

For the same reason, my Lords would submit that the Canadian Government should be made acquainted with the course which Her Majesty's Government proposes to take in this matter.

I have, &c.,
(Signed,)

The Under Secretary of State,

Foreign Office.

G. SHAW LEFEVRE,

(Copy.)

Sir F. Sandford to Under Secretary of State, F. 0.

DOWNING STREET, 19th January, 1870. SIR,-I have laid before Earl Granville your letter of the 23rd November, on the subject of a Convention, which, it is believed, that the American Government would be willing to conclude with this Country for the reciprocal protection of Copyright.

Lord Granville is glad to learn that there is a prospect of this matter being brought to an early and satisfactory conclusion; but he directs me to state that he thinks that it is certainly desirable that the Canadian Government should be informed that the antieipated ratification of this Convention will not affect the duty of Her Majesty's Government to propose a Bill to give the Colonies equal rights with England, and that the U. S. Government should be informed that the Convention will not preclude the British Government from proposing that Bill-Lord Granville, however, does not see why an arrangement between the United States and England should be encumbered with a provision affecting only the relations between England and the Colonies.

He proposes, with Lord Clarendon's concurrence, to forward to the Canadian Government a copy of your letter of the 23rd November, and of this reply to it.

The Under Secretary of State,

Foreign Office.

I have, &c.,

(Signed,)

F. R. SANDFord.

The Secretary of State for the Colonies to the Governor General. (Copy.)-Canada-No. 44.

DOWNING STREET, 17th February, 1870.

SIR,-With reference to my despatch, No. 43, of this day's date, enclosing copies of a correspondence between this Department and the Foreign Oflice on the subject of a proposed Convention with the United States for the reciprocal protection of Copyright, I have the honor to enclose for your information an extract from the reply which has been received from the Foreign Office to the letter from this office of the 19th ultimo.

Governor General, the Right Honorable Sir JOHN YOUNG,

Bart., G.C.B., G.C.M.G., &c., &c., &c.

(Copy.)

Extract of a letter from Mr. Otway to Under Secretary of State, C.O.

FOREIGN OFFICE, February 5, 1870.

SIR, I have laid before the Earl of Clarendon your letter of the 19th ult., relative to the course to be pursued with the United States and with Canada on the subject of Copyright.

Having again communicated with the Board of Trade on this matter, Lord Clarendon desires me to state to you that he will furnish Her Majesty's Minister at Washington with authority to sign a convention with the United States in the terms of the draft which he sent privately to Lord Clarendon. He will instruct Mr. Thornton to state officially to the American Government, that the conclusion and ratification of such convention will in no way preclude Her Majesty's Government from proposing to Parliament a Bill for giving the Colonies Copyright to extend throughout the British Dominion, but he concurs with Lord Granville in thinking that it is unnecessary to encumber the Convention with any stipulation on this subject.

Lord Clarendon observes that Lord Granville intends to make a communication to the Canadian Government in the same sense, and he sees no objection to His Lordship forwarding to that Government a copy of the letter from this Department of the 23rd of November last, and of its enclosures, as well as of your reply thereto.