[i]

A TREATISE UPON
THE LAW OF COPYRIGHT

[ii]
[iii]

A TREATISE UPON
THE LAW OF COPYRIGHT
IN THE UNITED KINGDOM AND THE DOMINIONS
OF THE CROWN, AND IN THE UNITED
STATES OF AMERICA

CONTAINING A FULL APPENDIX OF ALL ACTS OF PARLIAMENT
INTERNATIONAL CONVENTIONS, ORDERS IN COUNCIL
TREASURY MINUTE AND ACTS OF CONGRESS
NOW IN FORCE

By E. J. MACGILLIVRAY, LL. B. (Cantab.)
OF THE INNER TEMPLE, BARRISTER-AT-LAW
MEMBER OF THE FACULTY OF ADVOCATES IN SCOTLAND

LONDON
JOHN MURRAY, ALBEMARLE STREET
1902

[iv],

[v]

TO

THOMAS EDWARD SCRUTTON, Esq., K. C.

IN GRATITUDE FOR
MUCH INSTRUCTION AND KINDNESS

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[vii]

PREFACE

The foundations of this work were laid by my endeavours tounderstand what is perhaps the most complicated and obscureseries of statutes in the statute book. In working from time totime at the Law of Copyright I found great want of a text-bookwhich should be exhaustive of the case law, and at thesame time contain a concise and clearly arranged epitomeof the statutory provisions. This want I have tried to supplyfor myself in the present compilation, and it is now publishedin the hope that it may prove useful to others. The presentlaw is bad both in substance and form, but it is the moreessential that those who have anything to do with literary orartistic property should comprehend it in so far as it is comprehensible.There are probably more pitfalls for the unwaryin dealing with Copyright than with any other branch of thelaw.

We have for some time been on the eve of a generalcodification and amendment of the Law of Copyright. Itis, however, an eve of long and indefinite duration. It isnow twenty-eight years since the Royal Commission on Copyrightwas appointed, and still nothing has been done toameliorate the lamentable condition in which the Commissionersthen found the law. Dissensions among thosewho are interested in Copyright, failure to come to a satisfactoryarrangement with the colonies, and want of time atthe disposal of the legislature are mainly responsible for thisdelay. In the meantime it is well that all those who areinterested in Copyright should make themselves conversant[viii]with the law as it now is, so that when the time for legislationdoes at last come the result may be the moresatisfactory.

I have added to this work Part II., dealing with Copyrightin the United States, and I hope it may prove useful notonly to English but to American lawyers and publishers.

I have to acknowledge much assistance in the preparationof this work and many invaluable suggestions from myfriends, Mr. Langridge, of the Middle Temple, and Mr.Mackinnon, of the Inner Temple.

E. J. MACGILLIVRAY.

3 Temple Gardens,
June 1902.

[ix]

CONTENTS