o proper qualifications, copyright should include
the sole right to produce or reproduce a work, or any substantial part
thereof, in any material form whatsoever and in any language, to
perform, or in the case of a lecture, to deliver, the work or any
substantial part thereof in public, and, if the work is unpublished, to
publish the work, and should include the sole right to dramatize novels
and vice versa, and to make records, &c., by means of which a work may
be mechanically performed." As to architecture and artistic crafts the
Conference recommended (resolution 9) that "an original work of art
should not lose the protection of artistic copyright solely because it
consists of, or is embodied in, a work of architecture or craftsmanship;
but it should be clearly understood that such protection is confined to
its artistic form and does not extend to the processes or methods of
reproduction, or to an industrial design capable of registration under
the law relating to designs and destined to be multiplied by way of
manufacture or trade."
As to the application of the new period of copyright to existing works,
the Conference recommended (resolution 10) "that existing works in which
copyright actually subsists at the commencement of the new act (but no
others) should enjoy, subject to existing rights, the same protection as
future works, but the benefit of any extension of terms should belong to
the author of the work, subject, in the case where he has assigned his
existing rights, to a power on the part of the assignee at his option
either to purchase the full benefit of the copyright during the extended
term, or, without acquiring the full copyright, to continue to publish
the work on payment of royalties, the payment in either case to be fixed
by arbitration if necessary."
The Conference was also of opinion (resolution 4a) that, under the new
Imperial Act, copyright should subsist only in works of which the author
was a British subject or bona fide resident in one of the parts of the
British Empire to which it extended; and that copyright should cease if
the work were first published elsewhere than in such parts of the
Empire.
The sensible basis on which the new bill was framed, and the authority
it represented, commended it, in spite of many controversial points, to
the acceptance both of the public and of the various parties concerned.
But nobody who had ever wrestled with all the difficulties of
international co
|