Page:The copyright act, 1911, annotated.djvu/25

Rh but against the production or reproduction of it in any material form, as, for instance, in the form of a newspaper report or gramophone record. On the other hand, the author who first expresses his literary conception, through the medium of pen and ink is protected against acoustic repetition as well as against all forms of material production or reproduction. The only exception to the generality which is contained in this sub-section is that the exclusive right of performance is confined to performance in public. Other more specific exceptions are contained in sect. 2 of the Act. The enumeration at the end of the sub-section of certain specific forms of reproduction are for the purpose of making it clear that such things were in the mind of the Legislature at the time, and to prevent the generality of the first part of the subsection being cut down by reference to previously decided cases, and by any possible suggestion that the definition of copyright was intended to be merely declaratory. It is conceived that the specific enumeration does not in any way restrict the meaning of the general words, but has, in effect, a contrary tendency showing that the general words must be construed with sufficient liberality to include the matters specified as well as matters ejusdem generis.

These words relate to the recording of the work or any of the essential elements thereof in any physical and more or less permanent form. These, and the complementary words "to perform" are intended to include every possible user of a work by which the commercial value of it may be realised. Copyright in a book may be infringed by the making of records or similar mechanical devices, or by the setting up of type or by the making of stereotype or linotype. Copyright in a drawing or picture may be infringed by the making of a work of sculpture, or the erection of an architectural work.

The exclusive nature of the right of reproduction is modified—

(1) By the provisions in sect. 2 (1) relating to—
 * (i) Fair dealing for the purpose of private study, research, criticism, review, or newspaper summary;
 * (ii) An artist's use of his models and studies;