Page:The copyright act, 1911, annotated.djvu/68

 66

��Copyright Act, 1911.

��^§5(1).

Right of

joiimalists,

&c., to

restrain

separate

publication.

��Tho last few Hues in proviso (b), reserving to the author the right to restrain the publication of the -svork other- wise than as part of the periodical of which it forms a part, were inserted by the House of Lords on the report stage of the Bill. There is a possible question here, whether the right to restrain separate publication is of such a nature that it will pass to tho author's representa- tives, or whether it is a right merely personal to the author. It will be observed that, although in sect. 24 (2) the expression " author " includes his legal personal repre- sentatives, there is no similar provision with regard to this section. It is submitted, however, that the right is of a quasi-contractual nature, and must bo dealt with as if it was a contract wdth the author and his representa- tives. If the owner of the periodical assigns the copy- right, the restriction Avill run Avith the cop;\T.'ight in the hands of third parties.

Existing law.— The followiugis the probable effect of the sta- tutory provisions at present in force in relation to the first vesting of the copyright, but the precise effect of these provisions in the case of engravings and works of sculpture is extremely doubtful.

(1) Coj^yright in engravings vests in the engraver, or, in the case

of commission by an artist who causes his own design to be engraved, in the artist (o).

(2) Copyi'ight in sculpture vests in the sculptor, or in the case of

works executed on commission in the employer {h).

(3) Copyright in books vests in the author (c ). In the case of

collective works, where the author has been employed on the terms, express or implied, that the copyright shall vest in the proprietor of the collective work, and the author has been paid, copyright vests in such proprietor of the collective work(</). In the case of books published posthumously copyright vests in the proprietor of the author's manuscript at the date of first publication (e).

(4) Copyright in paintings, drawings, and j^hotographs vests in

the author, or, in the case of commission, when the work is

��(a) Engraving CopTrisrht Act, 1734 (8 Geo. 11. c. 13), s. 1 : Engraving Copyright Act. 1766 (7 Geo. III. c. 38), ss. 1, 2.

(b) Sculpture Copyriarht Act. 1814 (.54 Geo. III. c. 56), s. 1. c) Copyright Act, 1842 ^^ & (3 Vict. c. 4.5), s. 3.

(d) Trade Auxilian/ v. Middhsboro^iqh T889), 40 Ch. D. 42.5 : Lamb v. Evans, [1893] 1 Ch. 218: Suert v. Be»m»g (18.55), 16 C. B. 459; Trade AtixiUary v. Jacksou (1887), 4 T. L. R. 130; Maple v. Junior Army and Navy Stores (1882), 21 Ch. D. 369 ; Brown v. Cooke (1846), 16 L. J. Ch. 140 ; Shepherd v. Conquest (1856), 17 C. B. 427 : Stuhbs v. Howard (1895), 11 T. L. R. 507 ; Ffatt v. TFalter (1867), 17 L. T. (N. S.) 157.

(p) Copyright Act, 1842 (5 & 6 Vict. c. 45), s. 3.

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