§ 168. exposing for sale or hire, or having in one's possession Remedies for sale or hire, unlawfully printed or imported books, knowing them to be such (t). against infringe ments. § 169. against author. 7. Action for an injunction to restrain the committal of such offences. Measure of Damages.-The defendant must account for each copy of his work sold as if it had been the plaintiff's, and pay the amount of profit which would have resulted from the sale of so many copies of the plaintiff's work (u). Limitation of Actions.-Legal proceedings must be commenced within twelve months of the date of the offence (r). II. Remedies against Author or Publisher.-1. For Remedies non-delivery of copies within one month after demand in writing made by the libraries, or in certain cases within one month after publication, a fine not exceeding £5, and the value of the book, recoverable summarily (w). 2. For non-registration, loss of actions to protect copyright, until registration takes place (x). 3. For false registration,—(a)—if wilful, it is a misdemeanour, indictable criminally (y);—(b)—if bonâ fide, alteration of the entry by the Court on the motion of the person aggrieved (z). There are a number of special penalties for infringement of University copyrights. As these are practically obsolete, Oxford having only six copyrights, Cambridge none, and as their abolition as far as special rights and privileges are concerned is recommended by the Commission (a), I have not thought it necessary to set them out. (t) 5 & 6 Vict. c. 45, ss. 15-16. (u) Pike v. Nicholas, L. R. 5 Ch. 251, 260. (w) Ibid. ss. 6, 9, 10. (x) Ibid. s. 24. (y) Ibid. s. 12. (2) Ibid. s. 14. (a) C. C. Rep. §§ 45-48. § 170. Recommenda tions of Commis sion. Amendments proposed by Commission in Book Copyright. 1. That the law on the subject be codified (§ 13). 2. That the term of copyright be extended to the Copyright author's life, and thirty years after, in the case of works published with the author's name; thirty years from publication in the case of posthumous and anonymous works and encyclopædias, the author of an anonymous work to obtain full privileges by printing an edition with his name attached (§§ 40, 41). 3. That the term of twenty-eight years during which the author of an article in a periodical cannot republish without the entrepreneur's consent be reduced to three years (§ 43). 4. That during such three years the author shall have a right to sue to prevent unauthorized publications. At present only the proprietor can sue (§ 44). 5. That all special privileges to University copyright be abolished (§ 48). 6. That publication within Her Majesty's dominions shall vest Imperial copyright, instead of, as now, publication in the United Kingdom only (§ 58). 7. That first publication by a British author out of the British dominions shall not divest his power of obtaining copyright in this country, provided he republishes in the British dominions within three years of first publication (§ 61). 8. That aliens resident out of Her Majesty's dominions, but first publishing in them, be allowed copyright (§ 61). 9. That no abridgments of copyright works be allowed without the author's consent (§ 69.) 10. That a definition of the copyright parts of a newspaper, distinguishing between announcements of fact and literary work, be included in the statute (§ 88.) $ 170. Recommenda As to Registration. 11. That registration of published works be made Copyright compulsory (§ 139). tions of Commission. 12. That, if registration be continued at Stationers' Hall, effective power to regulate it be given to the gistration. Stationers' Company (§ 144). As to re 13. That registration be effected by a deposit of a copy of the book at the British Museum, and the taking of an official receipt (§ 145). 14. That the registry and registrar be under Government control, and responsible to Government (§ 148). 15. That if the registry cannot be placed at the British Museum it be transferred to a Government office (§ 150). 16. That no owner of copyright should be able to sue for infringements of his copyright preceding registration, or for penalties for dealing with the results of such infringements even after registration, unless such registration has taken place within a month of publication (§§ 152, 154). 17. That compulsory presentation of copies to libraries be abolished, except in the case of the British Museum (§ 164). 18. That a copy of each issue of every newspaper be deposited at the British Museum. 19. That the provisions for piracy of books be extended to oral lectures pirated in print (§ 181). This concludes our survey of the English Law of Copyright, so far as the United Kingdom alone is concerned. We are now in a position to treat of the English method of dealing with the problems of Artistic Copyright before dealing with Colonial and International Copyright. CHAPTER VIII. PRINCIPLES OF ARTISTIC COPYRIGHT. § 171. Introduction.-§ 172. Is artistic copyright desirable ?--§ 173. THE problems of Artistic Copyright are different in $171. Introduc tion. § 171. tion. works; their reproductions by engraving, lithography, or Introduc- photography are only made for the purpose of communicating in some degree, however inadequate, the merits of the original work, to those of the public who cannot see that original. § 172. And the first great point of difference between the Is artistic two classes of productions, Literary and Artistic, is, that copyright desirable? it is possible to contend with far more force than in the case of literary works, that the institution of copyright in works of Fine Art is not desirable. It is not by any means clear at first sight what benefit the community will gain by State protection of works of art, or what harm the public will suffer by refusing to create artistic property. No copy in the same material of the original painting can equal that original in merit, unless the copier possesses such talent that he would obtain far more return from original work. If the work professes to be a copy, its price is much smaller than that of the original, because the element of personal skill, which cannot be reproduced, is absent. While some ideas or designs of the author of the original picture are appropriated by the copyist, yet on the other hand, the increase of copies, by increasing the notoriety of the original author, may tend to increase the commercial value of his work. And if such copies are sold as originals, or if works, not copies, are sold as signed pictures of the original artist, the ordinary law as to forgery and obtaining money by false pretences seems sufficient to deal with such cases without creating a special class of property in artistic work. Then as to engravings of an original work, it is true that money which might come to the artist may be paid to others for unauthorized engravings of the original |