Page:The copyright act, 1911, annotated.djvu/82

 '^^ Copyright Act, 1911.

§ 5 (2). of the assignor, by an entry of assignment on the register {m). The-

performing right in a dramatic or musical work does not pass with

EXISTING LAW. an aissignment of the copyright in the work, unless such performing right is expiessly conveyed, or such words are used as to show the intention of the parties that the performing right in the work shall be conveyed (n). In the case of engravings the written assignment of copyright must be witnessed by two or more credible witnesses, but when the jjlate or block is also transferred, then apparently the copyright may pass with it bj' any informal writing, or even by word of mouth (o). In the case of sculpture the copyright must be assigned by deed, signed and sealed by the projarietor in the pre- sence of, and attested by, two credible witnesses (p).

Copyright and performing right are both personal property, and the right passes by operation of law on the death or bankruptcy of the proprietor (q).

In the case of an unpublished manuscript the common law right may be assigned orally, and both in the case of an unpublished manuscript, and in the case of a work not yet composed, the in- choate copyright may be assigned by a written instrument executed before the copyright or the work has come into existence (r),

AYhether or not the inchoate copyright can be assigned otherwise than in writing has been the subject of some doubt and consider- able difference of judicial opinion (s).

§5 (3), (3) \A^liero, under any partial assignment (/) of

copyright (?/), the assignee becomes entitled to any right comprised in copyright («^), the assignee as respects the right so assigned, and the assignor

��(m) Copyright Act, 1842 (5 & 6 Vict. c. 45), ss. 13, 20, 22 ; Sterens v. Wildy (1850), 19 L. J. Ch. 190.

(n) Sect. 22 ; Mar.sh v. Conquest (1864), 17 C. B. (N. S.) 418 ; mitckim, Ex parte (1879), 4 Q. B. D. 483.

{o) Engraving Copyright Act, 1734 (8 Geo. II c. 13), s. 1 ; Prints Copyright Act, 1777 "(17 Geo. III. c. 57): Prints and Engravings Copy- right Act, 1834 (6 & 7 Will. IV. c. 59), s. 2.

{p) Sculpture Copyright Act, 1814 (51 Geo. III. c. 56), s. 4.

iq) Copyright Act, 1842 (5 & 6 Vict. c. 45), s. 25 ; Fine Arts Copy- right Act, 1862 (25 & 26 Vict. c. 68), s. 3.

(»•) Ward, Lock ^ Co. v. Zonff, [1906] 2 Ch. 560 ; MacmiUan v. Dent, [1907] 1 Ch. 107.

[s) dementi v. Walker (1824), 2 B. & Cr. 861 ; Canj v. Keardey (1802), 4 Esp. 16R ; Storace v. Longman (1788), 2 Camp. 26, n. ; Power v. Walker (1814), 3 M. & S. 7 ; Colburn v. Bimcombe (1838), 9 Sim. 151 ; Siveet v. Shau- (1839), 8 L. J. Cb. 216 ; Hodejes v Welsh (1840), 2 Ir. Eq. R. 266 ; Jeferys v. Boosey (1854), 4 H. L. C. 815, 880 ; McLean v. Moody (1858), 20 D. 1164 ; Jejferyi^ v. Kyle (1856), 18 D. 906 ; Cocks v. Piirday (1848), 6 C. B. 860 ; Froicdc v. 'Farish (1896), 27 Ont. R. 526 ; MacmiUan v. Suresh Chimder Deb (1890), Ind. L. R. 17 Calc. 961.

(0 Sect. 6 (2).

[u) Sect. 1 (2).

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