The present position of the British and Dominion governments as to
copyright is so clearly stated in the note that I need not repeat the
statement. The essential point is that the Canadian government are not
disposed to entertain our proposal for a convention, but they are
considering the whole question of copyright, and hope to submit to
Parliament amended legislation on the subject.
[Inclosure in No. 354.]
Mr. Villiers to
Mr. Hay.
Foreign Office, April 12, 1898.
Your Excellency: I have carefully
considered, in consultation with the secretary of state for the
colonies, your excellency’s note of the 9th of June last, pointing
out the difficulty experienced by United States authors in obtaining
copyright in Canada, and inquiring whether the draft convention
submitted by the United States Government on the 4th of February,
1896, would, in the opinion of Her Majesty’s Government, have the
effect of putting the question upon a more satisfactory basis.
The somewhat complicated nature of the question and the necessity of
consulting with the Dominion government have occasioned, I regret to
say, considerable delay in replying to your excellency’s note, but I
am now in a position to state to your excellency the views of Her
Majesty’s Government on the subject.
It may be of advantage briefly to resume the facts of the case.
Under the English copyright law any person, whether a native or an
alien, can obtain copyright throughout Her Majesty’s dominions
(Canada, of course, included) by the mere fact of first publication
in any part of those dominions; but first publication in some part
of Her Majesty’s dominions, even by a native author, is a necessary
condition for acquiring copyright. It is not, however, necessary
that a book should be printed as well as first published within Her
Majesty’s dominions.
By virtue of the President’s proclamation under the United States
copyright act of 1891, British authors can get copyright in the
United States on the condition, so far as regards literary works, of
republishing and reprinting from the type set in the United
States.
[Page 366]
The balance of advantage would therefore seem to be on the side of
the United States.
There is, however, a Canadian copyright act in force which conflicts
to some extent with the imperial law.
The fourth section of this act provides that any person domiciled in
Canada or in any part of the British possessions, or being a citizen
of any country having an international copyright treaty with the
United Kingdom, who is the author of any book, map, chart, etc.,
shall have the sole right of printing, publishing, etc., for a
certain term of years, on the conditions laid down in subsection
(2).
It is contended that the United States enactment of March 3, 1891,
and the President’s proclamation of July 1, 1891, does not
constitute an international agreement within the meaning of the act,
and United States authors are therefore debarred from benefiting
under it.
This is it which gives rise to remonstrance on the part of your
excellency’s Government and to their present proposals.
Before discussing the latter, I may be permitted to reiterate on
behalf of Her Majesty’s Government the assurances already given to
Mr. Lincoln and Mr. White on the 16th of June, 1891, and on the 12th
of November, 1892, respectively, and to point out again that the
English copyright law runs in Canada as in every part of Her
Majesty’s dominions, and that it is therefore open to United States
authors to protect their rights in Canada by registering at
Stationers’ Hall in London.
Her Majesty’s Government are, however, most anxious—as a matter of
good feeling—to do all in their power to facilitate registration by
United States authors under the Canadian copyright act, also if this
privilege should appear to your Government to present any additional
advantages to that of registration at Stationers’ Hall. The Dominion
government has therefore been consulted as to their willingness to
agree to the conclusion by Her Majesty’s Government of the
convention proposed by your Government.
A reply has now been received that the Dominion government are not
disposed in present circumstances to entertain the proposal. The
whole question of copyright is at present under their consideration,
and they hope to submit to Parliament amended legislation on the
subject.
They will be prepared to accord to the United States authors under
the Canadian, as distinct from the Imperial English law, the
privilege of copyright in Canada on publishing only, if a similar
favor were conceded to Canadian authors who desire copyright in the
United States.
I trust that the above explanations will convince your Government,
not only that citizens of the United States do now enjoy in Canada,
under the English law, the same measure of protection as British
subjects, but that the Canadian government is prepared to amend the
Canadian law upon the subject in a spirit of the most complete
reciprocity.
I have, etc.,
