further limitation that the performance, to be an infringement of the right of another must be such as to affect the commercial value of that right. (2.) He has the sole right of publishing such compositions in print for the same period (p), dating from first publication in print. To obtain such a right, the work must be first published or performed in this country, and, (probably,) the author must be temporarily residing in the British dominions at the time of publication (q). This, of course, does not apply to International Copyright. The work must be registered; but it will be sufficient to register (1.) The title thereof. (2.) The name and place of abode of the author or composer. In the case of a pianoforte arrangement of an opera, the name of the arranger, and not of the composer of the opera must be entered (Wood v. Boosey (r)). (3.) Name and place of abode of proprietor. The place of business of the proprietor may be registered as his "place of abode" (s). (4.) Time and place of first performance. It may possibly be argued that as under clause 24 of the Act (t) registration is not necessary to give the proprietor of playright in a dramatic piece the remedies he has under the Act of Will. IV., and that as "dramatic piece" is defined by the preamble to cover "musical (p) Forty-two years, or life of author + seven years. (1) Jefferies v. Boosey, 4 H. L. C. 815; Routledge v. Low, L. R. 3 H. L. 100. (r) L. R. 3 Q. B. 223. (8) Nottage v. Jackson (not yet fully reported). () 5 & 6 Vict. c. 45. § 139. Rights of the author. (II.) Copyright. § 140. Registration. M § 140. Registration. $141. copyright. entertainment," therefore registration is not necessary to enable the proprietor of the performing right in a musical composition to sue for infringements. The judgment of Brett, M.R., in Wall v. Taylor (u), however, by defining "musical entertainment" as "the whole concert or performance, and not detached portions of it," i.e. not individual musical compositions in the programme of a concert, seems fatal to this argument. The subject of copyright is any original musical Subject of composition. Copyright may also be had in a piece of music, where the claimant has adapted words of his own to an old air, adding thereto a prelude and accompaniment (v). So where (w) a non-copyright air was furnished with words and a preface by B., who also procured a friend to compose an accompaniment, the result, under the name of 'Pestal,' was held copyright. There can be copyright in a pianoforte arrangement from a non-copyright opera (x). § 142. Infringe ments of Copyright will be infringed by any public performance or publication of a whole or part of the musical compocopyright. sition, or of a composition substantially the same as the original, i.e., which, though adapted to a different purpose, can still be recognised by the ear (y). Such performance or publication must tend to damage the commercial value of the property. Thus IT IS PIRACY To perform songs out of a copyright opera (Planché v. Braham (z)). To distribute gratuitously copies of a musical com (u) L. R. 11 Q. B. D. 102. (v) Lover v. Davidson, 1 C. B. N.S. 182. (w) Chappell v. Sheard, 2 K. & J. 117; Leader v. Purday, 7 C. B. 4. (x) Wood v. Boosey, L. R. 3 Q. B. 223. (y) D'Almaine v. Boosey, 1 Younge & Collyer, 289. (z) 4 Bing. N. C. 17. position, as by distributing lithographed copies to § 142. Infringements of To make a pianoforte arrangement from a copyright copyright. To found quadrilles and waltzes on a copyright To construct a full score from the non-copyright § 143. Any assignment must be in writing; and therefore a registered written assignment overrides a previous parol Assignassignment (Leyland v. Stewart (e) ). ments. for § 144. The owner of the performing right in music can recover 40s., or the full value either of the benefit resulting to Remedies the infringer, or of the loss to the plaintiff, whichever infringeshall be the greater (f), from each person infringing his performing right in public (Wall v. Taylor (g)). The owner of the copyright has an action for damages after registration as provided in the case of books. Injunctions can also be obtained to prevent piratical performance or printing. ments. Laws of The laws of other countries generally place the right § 145. of printing musical works on the same footing as literary other compositions, but occasionally make variations in dealing countries. with the right of performance, which is usually vested in the author and his assigns for a lengthy term. Such is the law in France, Austria, Spain, Portugal, and (a) 12 C.-B. 177. (e) L. R. 4 Ch. D. 419. $ 145. Laws of other Italy. The United States (h) do not give any sole right of performance in musical compositions which are not countries. dramatic; Germany requires a note of reservation of the right to be printed on the title-page of each piece of music, in order to secure such right, and the Scandinavian States appear to allow performances of any music without scenery or dramatic accompaniments (¿). § 146. Recommenda tions of Copyright Commis sion. The only special recommendations of the Copyright Commission with regard to musical works, other than those already set out with reference to dramatic compositions, are 1. () That the author of the words of songs, as distinguished from the music, should have no copyright in their representation or publication with the music, except by special agreement. 2. (1) That to prevent abuse of the 40s. penalty for infringement of musical copyright, every musical composition should have printed on it a note of the reservation of the right of public performance, and the name and address of the person who may grant permission for such performance. 3. That unless such note was printed, the owner should not be able to recover any penalty or damages for infringement. 4. That the Court should have power to award compensation for damage suffered, instead of the minimum. 40s. penalty, in case of infringement. The second and third recommendations have been dealt with by the Musical Copyright Act of 1882 (m); how inadequately, owing to the omission of the third recommendation, has been seen. (h) S. 4952, Rev. Stat. (1) C. C. Rep. § 171. CHAPTER VII. ENGLISH LAW OF LITERARY COPYRIGHT. PART II.-BOOKS. § 147. Definitions.—§ 148. Newspapers.-§ 149. Maps.-§ 150. Crown copyright. § 151. Qualities required in copyright work.— § 152. Literary value.-§ 153. Titles of books.-§ 154. Originality. § 155. New editions.-§ 156. Duration and extent of right. § 157. Persons who may acquire the right.-§ 158. Infringements of copyright.-§ 159. Literary piracy. § 160. Abridgments.-§ 161. Translations.-§ 162. Literary larceny.— § 163. Rights of author.—§ 164. Duties of author.-§ 165. Investitive facts.-§ 166. Transvestitive facts.-§ 167. Divestitive facts.--§ 168. Remedies against infringements.—§ 169. Remedies against author.-§ 170. Recommendations of Commission. § 147. tions. THE English Act of 1842 defines "Copyright" as :— "The sole and exclusive liberty of printing or other- Definiwise multiplying copies of any book,'" and the term "book" is defined as, "every volume, part or division of a volume, pamphlet, sheet of letter-press, sheet of music, map, chart, or plan separately published." In White v. Geroch (a), Abbot, C.J., laid down that any literary composition, whether large or small, was a book within the Act. Newspapers.-In Cox v. Land and Water Company (b), § 148. where the proprietor of the Field, a newspaper whose Newsfirst number was not registered under s. 18 of the Act of 1842, brought an action against the defendants (a) 2 B. & Ald. 298. papers. |