Page:The copyright act, 1911, annotated.djvu/150

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��Copyright Act, loil.

��22

��Works of foreign authors first published in parts of His Majesty's dominions to which Act extends.

��of a poster the design itself is the article, and, although reproduced in a large size suitable for posting on hoard- ings, there is no application of the design to an article, and the same may b© said of some Christmas cards. It is submitted, therefore, that -whereas Christmas cards ought as a rule to be registered as designs, posters need not be so registered, and will enjoy full protection as artistic works.

Protection under the Patents and Designs Act, 1907, is conditional upon registration. The Comptroller may, on the application made in the prescribed form and manner of any person claiming to be the proprietor of any new or original design not previously published in the United Kingdom, register the design {h). The disclosure of a design confidentialh" to ,a prospective purchaser of goods to which the design is to bo applied, is not to be deemed' a publication (i).

On registration, copyright subsists in the first instance for five years, but that period may be extended b}^ suc- cessive applications for renewal to a total period of fifteen years (/c).

Articles to which ,a copyright design is applied must, before delivery on sale, bo marked with the prescribed mark denoting that the design is registered (?).

23. If it appears to His Majesty that a foreign country does not give, or has not undertaken to give, adequate protection to the works of British authors, it shall be lawful for His Majesty by Order in Council to direct that such of the provi- sions of this Act as confer copyright on works first published witliin the parts of His Majesty's dominions to which this Act extends (m), shall not apply to works published after the date specified in the Order, the authors whereof are subjects or

(A) 7 Edw. VII. c. 29, s. 49.

(i) 7 Edw. VII. c. 29, s.!^5 ; Blank v. Footman (188S), 39 Ch. D. 678.

(A) 7 Edw. VII. c. 29, s. 53.

(?) Sect. 54.

[m) Sect. 1 (1).

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