pirates. In 1905
the evil had become so serious that the chief music publishers announced
their intention of not producing any further works till the law was
altered; but the new Musical Copyright Bill of that year was obstructed
and talked out in the House of Commons. In November 1905 an important
prosecution, instituted by Messrs Chappell on behalf of the associated
music-publishers and composers, was brought against a coterie of
pirates. In the session of 1906 another attempt, this time successful,
was made to pass a Musical Copyright Bill. This act (the Musical
Copyright Act 1906) made it a criminal offence, punishable with fine and
imprisonment, to reproduce or sell, or to possess plates for the
production of, pirated copies of musical works. The act also gave power
to a constable to arrest without warrant any person who in any public
place exposes for sale or has in his possession for sale, or canvasses
or personally advertises pirated copies, provided that the apparent
owner of the copyright signs an authority requesting such arrest at his
own risk. Also a court of summary jurisdiction may grant a search
warrant, if there is reasonable ground for believing that an offence
against the act is being committed on any premises.

Rights of foreigners.

13. The right of foreigners under the English copyright acts produced at
one time an extraordinary conflict of judicial opinion. A foreigner who
during residence in the British dominions should publish a work was
admitted to have a copyright therein. The question was whether residence
at the time of publication was necessary. In _Cocks_ v. _Purday_, the
court of common pleas held that it was not. In _Boosey_ v. _Davidson_,
the court of queen's bench, following the decision of the court of
common pleas in _Cocks_ v. _Purday_, held that a foreign author might
have copyright in works first published in England, although he was
abroad at the time of publication. But the court of exchequer, in
_Boosey_ v. _Purday_, refused to follow these decisions, holding that
the legislature intended only to protect its own subjects,--whether
subjects by birth or by residence. The question came before the House of
Lords on appeal in the case of _Boosey_ v. _Jeffreys_ (1854), in which
the court of exchequer had taken the same line. The judges having been
consulted were found to be divided in opinion. Six of them held that a
foreigner resident abroad might acquire copyright by publishi