Page:Copyright, Its History And Its Law (1912).djvu/592

 56o

COPYRIGHT

Appeal

work in public, the Minister shall consider the petition, and of, after inquiry, he is satisfied that the allegations con- tained therein are correct, and if within a reasonable time no remedy is provided by the owner of the copyright, he may grant to the petitioner a license to reproduce or per- form the work in public in Canada on such terms as respects price and payment of royalties to the owner of the copy- right in the work, and otherwise, as the Minister thinks fit.

(2.) Any decision of the Minister under this section shall be subject to appeal to the Exchequer Court of Canada, and the decision of that court shall be final.

Ownership OWNERSHIP AND ASSIGNMENT OF COPYRIGHT

of copyright y. Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein: Provided that —

(a) where in the case of an engraving, photograph or portrait the work was ordered by some other person and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement in writing to the contrary the person by whom the work was ordered shall be the first owner of the copy- right;

(b) where the author was in the employment of some other person and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the

Assignment copyright.

of copyright (2.) The owner of the copyright in any work may assign the right, either wholly or partially, and either generally or subject to limitations to any particular place, and either for the whole term of the copyright or any part thereof, and may grant any interest in the right by license, but no such assignment or grant shall be valid unless it is in writ- ing signed by the owner of the right in respect of which the assignment or grant is made, or by his duly authorized agent.