may be protected from infringement in any part of the CAP. XVII. British dominions; but if, on the other hand, any such work be first published in India, Canada, Jamaica, or any other British possession not included in the United Kingdom, no copyright can be acquired in that work, excepting only such (if any) as the local laws of the colony, &c., where it is first published may afford.

This opinion has caused great and general dissatisfaction in the colonies and India; it has either destroyed all copyright property in the numerous works since 1842, which have been first published there, or rendered such property comparatively worthless; and this hardship is increased by the fact that, since 1842, it has been, and still is, compulsory upon all publishers in the British dominions, gratuitously to send one copy of every book published by them to the British Museum, and four to the libraries of Oxford, Cambridge, &c. (a)

conventions.

The German Diet introduced a convention on the subject International of international copyright between the different members copyright of the Confederation in 1837. Austria and Prussia gave in their adherence on behalf of those portions of their territories which did not belong to the Confederation. Austria and Sardinia had a convention in 1840, to which the other states of Italy, and one of the cantons, adhered. In 1837, Prussia passed a law of reciprocity in this matter with all foreign states. In 1846, a convention was concluded between Great Britain and Prussia, to which Brunswick, Saxony, the Thuringian Union, and Anhalt, gave their adhesion (b). We also concluded one with Hanover and Oldenburg in 1847; with the Hanse Towns and with Belgium in 1854; with Prussia, additional to the convention of 1846, in 1856, and with Spain in 1857.

(a) See an able article in the Athenæum, Nov. 20, 1869. (b) App. c.

France.

CHAPTER XVIII.

COPYRIGHT IN FOREIGN COUNTRIES.

France.

Copyright in THE infringement of copyright was formerly visited with far heavier penalties in France than in this country. The printing a work, the sole right to which belonged to another, was regarded as little better than theft; indeed, it was said that such conduct was worse than to enter a neighbour's house and steal his goods; for, in the latter case, negligence might be imputed to him for permitting the thief to enter, whereas in the former, it was stealing a thing confided to the public honour (a).

Duration of right in literary works,

The protection afforded by the various edicts of the French kings to the authors of literary works was however taken away by the famous decree of the National Assembly, by which all privileges of whatever kind were abolished (b).

In July, 1793, a decree was passed by which it was declared that authors should enjoy exclusively during their lives the emoluments and profits of their works, and that their heirs or assigns should enjoy the same for the term of ten years after their death. The penalty imposed upon any infringement of the right bestowed by this decree was a fine equivalent in value to 3000 copies of the original edition (c).

The imperial decree of the 5th of February, 1810, made some modifications of that law. It gives to the author of

all kinds of literary productions a copyright for his life, CAP. XVIII. and until twenty years after his death, or the death of the author's wife or husband, if secured to either by marriage settlement; if the author and his wife have no children, then for an additional ten years after their deaths for their heirs or their assigns. It accrues for the benefit of the widow, if the marriage was one sous le régime de la communauté, a mode of settlement which establishes complete community of property between husband and wife.

right in

dramatic and

The copyright of dramatic or musical compositions, Duration of which gives to the proprietor the right of representing or performing all species of dramatic and musical pieces, musical compositions. endures for the life of the author, and for five years after his death for the benefit of his heirs or assigns. In case, however, he leaves a widow or children, the widow will have during her lifetime the right of authorizing the representation; after her, her children for thirty years. The copyright in painting, drawing, engraving, and sculpture endures for the life of the author, and for ten years after his death for his heirs or assigns.

The copyright of a work arises on publication, performance, or representation, as the case may be, without any previous registration or formality, though a deposit of two copies of the work, one at The Bibliothèque Impériale, or Imperial Library, and the other at the office of the minister of the interior, Paris, is necessary, especially before any proceedings at law can be instituted by the injured party. No distinction is made between foreigners and French subjects as to copyright, provided they make the necessary deposit. All kinds of unpublished works, lectures, &c., are the exclusive property of their authors (a). Piracy is, according to the law of France, a misde- Piracy in The Penal Code, lib. iii. tit. ii. art. 425, pro- misdemeavides as follows: "Toute édition d'écrits, de composition nour. musicale, de dessin, de peinture, ou de toute autre production, imprimée ou gravée en entier ou en partie, au mépris des (a) Levi's 'Commercial Law,' vol. ii. p. 581.

meanour.

France a

CAP. XVIII. lois et réglemens relatifs à la propriété des auteurs, est une contrefaçon; et toute contrefaçon est un délit.

"Le débit d'ouvrages contrefaits, l'introduction sur le territoire français d'ouvrages qui, après avoir été imprimés en France, ont été contrefaits chez l'étranger, sont un délit de la même espèce.

"La peine contre le contrefacteur ou contre l'introducteur sera une amende de cent francs au moins et de deux mille francs au plus; et contre le débitant, une amende de vingtcing francs au moins et de cinq cents francs au plus. La confiscation de l'édition contrefaite sera prononcée tant contre le contrefacteur que contre l'introducteur et le débitant. Les planches, moules, ou matrices des objets contrefaits, seront aussi confisqués.

"Tout directeur, tout entrepreneur de spectacle, toute association d'artistes, qui aura fait représenter sur son théâtre des ouvrages dramatiques au mépris des lois et réglemens relatifs à la propriété des auteurs, sera puni d'une amende de cinquante francs au moins, de cinq cents francs au plus, et de la confiscation des recettes.

"Dans les cas prévus par les quatre articles précédens, le produit des confiscations, ou les recettes confisqués, seront remis au propriétaire, pour l'indemniser d'autant du préjudice qu'il aura souffert; le surplus de son indemnité, ou l'entière indemnité, s'il n'y a eu ni vente d'objets confisqués ni saisie de recettes, sera réglé par les voies ordinaires (a).”

A number of interesting cases have been decided in the French tribunals on the subject of copyright, and they are reported in the Répertoire de Jurisprudence, par Merlin, tit. contrefaçon, sec. 1-15; and in his Questions de Droit, tit. Propriété Littéraire, secs. 1, 2.

It is unlawful under the French law, without the permission of the author, to publish a work already published in a foreign country with which no copyright convention exists.

There has been a desire on the part of the French nation to enlarge the time during which an author has the (b) Code Pénal, lib. iii. tit. ii. art. 425–429.

sole property in his works. A commission was appointed CAP. XVIII. in 1826, with M. le Vicomte de la Rochefoucauld at its head, to examine and report upon the question. They submitted a report proposing to give to authors and artists of works of all kinds property in their works for life, and to their legal representatives for fifty years from their deaths. In 1837 a commission was again appointed under the presidency of M. le Comte de Ségur, but no report has yet passed into law.

Prussia.

Prussia.

Copyright endures for the author's life, and his heirs Copyright in have a term of thirty years from his decease. In this country when an author assigns a copyright to a publisher without any special stipulation, the publisher is entitled to issue only one edition, the extent of which he may determine. This principle is adopted both in Saxony and Bavaria, the edition in the latter country, in the absence of stipulation, being limited to 1000 copies. But a distinction is made in Prussia between reprints or new issues (auflagen) and new editions (ausgaben). In the case of the former, the publisher is left free, on condition that he shall pay to the author, on the occasion of each new issue, half the sum which he paid him for the first. New editions, on the contrary, can be published only with the permission of the author, which must be given in writing. This privilege is limited to the author's life, though his children have a claim for an honorarium for each edition issued after his death.

Austria,

Austria.

By treaty with Sardinia, Tuscany, and the Papal States, Copyright in gives a copyright to the heirs for thirty years after the author's decease, in the Italian States of the empire. It also allows forty years for posthumous publications.

R