CHAPTER VII.

DURATION OF COPYRIGHT.

1. Duration of Copyright in England.

1. Books.1 The act 8 Anne, c. 29, (passed April 18th, 1710,) gave the author or proprietor of a book, then already printed, the sole and exclusive right of printing it for twenty years. It also gave to the author and his assignee of a book then already composed, but not published, or of a work that should thereafter be composed and published, the sole liberty to print and reprint it for the term of fourteen years and no longer, to commence from the day of its first publication; with the further provision, that in case the author should be living at the end of the first term of fourteen years, then the ole right of disposing of copies of the work should return to him for another term of fourteen years. In the 54 Geo. III. c. 156, (passed July 20th, 1814,) all the provisions of the former acts were consolidated; con

1 For the definition of the statute term "book," see post, p. 207, n. 2. 2 See Appendix, p. 2. By the

2

41 Geo. III. c. 167, the law of copyright in Ireland was assimilated to that in Great Britain.

siderable alteration was at the, same time made in the law; the term of copyright in the author and his assignee was extended to twenty-eight years absolutely, and for the life of the author; and to benefit the families of those authors who were alive at the time the act was passed, but who might die before the first fourteen years from the day of publication had expired, a further term of fourteen years was given to the personal representatives of such authors, without prejudice to all or any part of the former term.1

The 5 and 6 Vict. c. 45, (passed July 1st, 1842,) revised the whole subject. The 3d section of that act provides, "That the copyright in every book," which shall, after the passing of this act, be published in the lifetime of its author, shall endure for the natural life of such author, and for the further term of seven years, commencing at the time of his death, and shall be the property of such author and his assigns; provided always, that if the term of seven years shall expire before the end of forty-two years from the first publication of such book, the copyright shall, in that case, endure for a period of forty-two years; and that the copyright in every book which shall be published after the death of its author, shall

1 See Appendix, p. 38. For this short analysis of the two acts recited in the text. I am indebted to a little work on Copyright, by Peter Burke, Esq. of the Inner Temple, Barrister at Law, published at London in 1842, 12mo. pp. 64.

2

By the 2d section, the word "book," in the construction of this act, is declared to include "every volume, part or division of a volume, pamphlet, sheet of letter-press, sheet of music, map, chart, or plan, separately published."

endure for the term of forty-two years from the first publication thereof, and shall be the property of the proprietor of the author's manuscript, from which such book shall be first published, and his assigns."1

According, therefore, to the present law of England, the copyright of every book published during the author's lifetime is to last certainly for forty-two years from the date of its first publication; and if the author's life and the seven years after his decease cover a longer period than forty-two years, the copyright may last longer. The copyright of a book published after the author's death will endure for fortytwo years from the date of the first publication.

The fourth section of the statute enacts, "That the copyright which at the time of the passing of this act, shall subsist in any book theretofore published (except as hereinafter mentioned,) shall be extended and endure for the full term provided by this act in cases of books thereafter published, and shall be the property of the person who at the time of the passing of this act shall be the proprietor of such copyright; provided always, that in all cases in which such copyright shall belong, in whole or in part, to a publisher, or other person who shall have acquired it for other consideration than that of natural love and affection, such copyright shall not be extended by this act, but shall endure for the term which shall subsist therein at the time of the passing

1 See Appendix, p. 66.

of this act, and no longer; unless the author of such book, if he shall be living, or the personal representative of such author, if he shall be dead, and the proprietor of such copyright shall, before the expiration of such term, consent and agree to accept the benefits of this act in respect to such book, and shall cause a minute of such consent, in the form in that behalf given in the schedule to this act annexed, to be entered in the book of registry hereinafter directed to be kept, in which case such copyrights shall endure for the full term by this act provided, in cases of books to be published after the passing of this act, and shall be the property of such person or persons as in such minute shall be expressed."

Copyrights, therefore, which existed before the passing of this act, and which had not expired, are extended through the natural life of the author, and for seven years after his decease, or for forty-two years certain from the date of first publication. This extended term, however, will not belong to the proprietor who has obtained the assignment for other consideration than that of natural love and affection, unless the extension be agreed on between such proprietor and the author, or his personal repre

sentative.

In order to provide against the suppression of books of importance to the public, the fifth section. of the statute makes it lawful for the judicial committee of the privy council, on complaint made to them, that the proprietor of the copyright in any

book, after the death of its author, has refused to republish, or to allow the republication of the same, and that by reason of such refusal such book may be withheld from the public, to grant a license to such complainant to publish such book, in such manner, and subject to such conditions as they may think fit, and that it shall be lawful for such complainant to publish such book according to such license.1

2. Dramatic and Musical Compositions. By the law of England, a double copyright may exist in a dramatic or musical composition, viz. the sole right of printing, and the sole right of representation or performance.

The sole right of printing and publishing plays and musical compositions is vested in the authors for the same period of time as is provided in the case of books.2

By the 3 Wm. IV. c. 15, § 1, the sole right of representation or performance of plays, composed or to be composed and not printed and published by the author or his assignee, was secured to the author and his assignee, indefinitely; and in the case of plays, printed or published after the passing of the act, (10th June, 1833,) or within ten years before, the sole right of representation or performance was given to the author or his assignee, for a period of twentyeight years from the time of publication, or of the passing of the act, or, if the author were living at the

1 Act 5 & 6 Vict. c. 45, § 5.

2 Ibid. § 2.