Page:The copyright act, 1911, annotated.djvu/177

 Supplemental Provisions. 165

performed in public, and a lecture shall not be § 35 (2). deemed to be delivered in public, if published, performed in public, or delivered in public, with- out the consent or acquiescence of the author, his executors administrators or assigns.

There has been some difference of judicial opinion as to whether a work published without the consent of the author or his representatives ought or ought not to be deemed to be published (a). Sub-clause (2) of this clause is inserted to remove any such doubt, but it is probably in accordance with existing law.

(3) For the purposes of this Act, a work shall be deemed to be first published within the parts of His Majesty's dominions to which this Act extends, notwithstanding that it has been pub- lished simultaneously in some other place, unless the publication in such parts of His Majesty's dominions as aforesaid is colourable only and is not intended to satisfy the reasonable require- ments of the public, and a work shall be deemed to be published simultaneously in two places if the time between the publication in one such place and the publication in the other place does not exceed fourteen days, or such longer period as may, for the time being, be fixed by Order in Council.

Simultaneous publication within and without the limits of the copyright statutes has always been deemed to b© "first publication" within such limits. Under existing law, however, publication, in order to be simultaneous, must be on the same day as publication elsewhere. Sub- sect. (3) gives a margin of fourteen days after publication

��(a) Macmillan v. Bent, [1907] 1 Ch. 107.

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