Page:The copyright act, 1911, annotated.djvu/121

 Importation of Copies. 109

a copy of the original within the meaning of this section, § 14.

and a, fortiori a record would not be a copy of the sheet

music from which it has been taken.

If the owner of the copyright grants a licence restricted " Which if to some one part of the British dominions, copies made ^^^n^^^ j under that licence can be prohibited from importation Kingdom into the United Kingdom. Such copies would have in- would in- fringed copyright if they had been made in the United ^"^^^P^P^" Kingdom. English authors, therefore, may grant licences for the production of cheap colonial editions, knowing that they cannot be imported into the United Kingdom so as to compete with the more expensive English edition. On the other hand, the section does not appear to give the protection which it ought to give in the case of a foreign or colonial author granting a licence to an English publisher. Copies which are made by such author or his agent are not copies which if made in the United Kingdom would infringe copyright, and accordingly the English publisher can only get complete security against the im- portation of cheap copies by taking an absolute assign- ment of the copyright for the United Kingdom.

Sect. 42 of the Customs Consolidation Act, 1876, is Customs p 11 Consolidation

as follows:— ^^^^ ^g^g^

42. The goods enumerated and described in the ^' "' following table of prohibitions and restrictions inward are hereby prohibited to be imported or brought into the TJnited Kingdom, save as thereby excepted, and if any goods so enumerated and described shall be imported or brought into the United Kingdom contrary to the prohibitions or restrictions contained therein such goods shall be forfeited, and may be destroyed or otherwise dis- posed of as the Commissioners of Customs may direct.

Where the requisite notice has been given under this Copies' section, all copies imported in contravention of the pro- SJJlJfo'^ed to visions thereof are infringing copies, and if not seized be deemed at the Customs, proceedings may be taken under sect. 7 infringing for delivery up, or, if they have been sold, for damages ^°'^^^^- for conversion.

The Customs Consolidation Act, 1876, applies to all Application British possessions, except such possessions as have by °^ section

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