There is no Copyright in the ideas embodied in a work of literature or of fine art....
It is quite otherwise according to our Patent-Laws. Under them the idea of an author is everything, so to speak, and is rigidly protected. Thus, for example, suppose A produces a new manufacture by means of a very imperfect and clumsy machine, or chemical process, which he invents and patents; and suppose afterwards that B invents a very perfect and simple machine, or chemical process, whereby he can produce the same manufacture as A, but better and cheaper than his. In such a case the Patent-Laws prohibit B from making any use of his improvement for making the manufacture of A during the continuance of his Patent, unless with his consent. This arises from its being a leading principle of our Patent-Laws, that where a new invention has been secured by a valid and existing Patent no one is allowed during the continuance of that Patent to produce the same results by a mechanical or chemical equivalent. Hence the great source of complaints and of the litigation arising under our Patent-Laws. Thus it is that a patented manufacture precludes any improvements therein except by the patentee, or with his consent, during the term of his Patent....
In Italy, at the expiration of such forty years, although any one may then make and sell copies of the work, the person doing so must, during a second term of forty years, annually pay to the proprietor of the Copyright 5 per cent. (calculated at the published price) upon all copies sold by the person so making and selling such copies. As to France, her Copyright-Laws are expressly extended to all her colonies. And, by the 8th Article of Her Majesty the Queen’s Copyright Convention with France, dated 3rd November, 1851, reciprocal protection is agreed to be given in favour of Copyright works first published in “the territories of France,” or in “the British dominions.” This appears to show that both States clearly intended that such reciprocal protection should extend to their colonies. It is also stipulated by the 7th Article that “pirated works shall be seized and destroyed.” Now the French law very justly declares the piracy of Copyright property to be a crime (delit), and provides rapid and effectual means for enabling the proprietor of the Copyright to seize both the pirate and the fraudulent copies, plates, &c., in his possession. Yet, according to the present state of the British Artistic Copyright-Laws, no such powers of seizure, as expressly agreed by Her Majesty the Queen’s Convention, exist in the British dominions; nor does any protection whatever for artistic Copyright works extend beyond the United Kingdom; no, not even to the Isle of Man, or to the Channel Islands!
This important and novel subject is likely soon to receive useful illustration from a Parliamentary return to be moved for by the Right Hon. T. H. Headlam. From another of that gentleman’s Returns a suggestive extract is also subjoined.
It contains evidence that long ago impatience of existing restraints was in vigorous action in the British Colonies—evidence that payment of authors by royalties is a system that commands State concurrence—and evidence how over-ready the State is, or how circumstances are formed so as to compel it, to undertake work for authors and publishers by means of its Custom-house officers. On this last point I am happy also to produce an important paper kindly furnished by Michael Daly, Esq., of Her Majesty’s Customs. Mr. Daly’s note deserves to be pondered in prospect of the re-appearance next Session of the Board of Trade’s “Trade-Marks Registration Bill.”[11]
The extracts which I have agglomerated show that the idea of employing officers of Excise as well as those of Customs is seriously propounded, but this is by no means all the useful information they convey.
[11] Would it not be well to confine registration to names of firms or premises without recognising marks?
COLONIAL DUTIES ON COPYRIGHT WORKS.
Return of all the Colonies and British Possessions in favour of which Orders in Council have been issued under the Act 10 and 11 Vict., c. 95, suspending the Prohibition of Importation of Reprints of British Copyright Works.
New Brunswick.—An ad valorem duty of 20 per cent. on the bonâ fide price of the publication, imposed on importation; such duty to be transmitted through Her Majesty’s Government for the benefit of the author.