Page:The copyright act, 1911, annotated.djvu/151

 Special Peo visions as to certain Works. 139

citizens of such foreign country, and are not § 23. resident in His Majesty's dominions, and there- upon those provisions shall not apply to such works.

At in-esont, any foreign author may acquire coiDyright Object of in a book by first publication within the British *^^® clause, dominions, and if an artistic work is first published as part of a book, copyright in the work of any foreign artist can be obtained in the same way. This Act prima facie j)rotects the literary or artistic work of any foreign author ,or artist if such work is first published within the prescribed territorial limits. 'The object of this clause is to make the right of the foreign author 'to acquirei copyright by first publication, to a certain extent, de- pendent upon his country's treatment of British authors. If British authors arc entirely excluded from copyright in, a foreign country, or are admitted only on very onerous conditions, this country may retaliate by excluding the citizens of such foreign country from all protection here.

It will be observed that, if this clause is j^ut into opera- Contrary to tion, it will constitute a violation of Article 6 of the the Berlin Berlin Convention, and Article 3 of the Berne Conven- Convention. tion, and Article I., 2, of the Act of Paris.

A precedent for the principle of the clause may be Follows found in sect. 2 (2) of the International Copyright Act, International 1886, under which power was reserved to exclude non- a ?"'^iq^c

\ ■ • • 1 1 T 1 Act, iOOO,

union authors from obtaining protection hero by nrst pub- s. 2 (2). lication in a foreign union country. Although an Order in Council under that section might substitute the union publisher for the non-union author as the person entitled to 23rotection, it might, on the other hand, entirely ex- clude the work from protection. As the power, however, under this section was never exercised, the international aspect of the matter was never discussed, and it is very probable that sect. 23 of the Act will similarly escape observation and condemnation.

34. — (1) Where any person is immediately Existing before the commencement of this Act entitled to any such right in any work as is specified

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