ADDENDA ET CORRIGENDA.

PAGE 3, line 5, after 17 Geo. 3, c. 57, add "sculpture, models, and casts

(54 Geo. 3, c. 56).”

PAGE 65, line 26, for" Act" read "Acts."

PAGE 84, after line 12, insert:

New edition

with notes.

The Scotch Court of Session has held in the recent case of Black v. Murray (9 Scotch Sess. Cas. 341, 3rd Series), that a person may, by publishing a reprint of a work of which the copyright has expired, with notes and illustrations from other works, create a new copyright which will be protected from piracy; and that it is a piratical use of such copyright work to borrow from it any considerable number of those illustrations. infringing the pursuers' copyright in the works of Sir Walter Scott by publish

It was contended

on behalf of the defenders in this case (an action for

of the Scottish Border ") that the copyright claimed by the pursuers was a copyright of an edition of a work, not of the original text, the copyright in was chiefly based on notes contributed to their alleged copyright edition; that which had admittedly long since expired; that the pursuers' claim to copyright to make notes the subject of copyright, they must in a reasonable sense form a "book," and must constitute the value of the new edition; that that was not the case with the pursuers' edition, the notes added by their edition being 200 in all, many of them unimportant, and not extending to 25 small pages; that only 40 were taken by the defenders, 10 of them being found in editions not copyright; and finally, that it was open to the defenders to quote even from copyright books for the purpose of illustration; but the Court of Session, affirming the interlocutor of the Lord Ordinary, held the defenders liable for piracy.

of

66

Some valuable observations were made by the court, in this case, on the question-what constitutes a new edition of a book? Questions of great nicety and difficulty," said the Lord President, "may arise as to how far a new edition of a work is a proper subject of copyright at all; but that must always depend upon circumstances. A new edition of a book may be a mere reprint of an old edition, and plainly that would not entitle the author to a new term copyright running from the date of the new edition. On the other hand, a new edition of a book may be so enlarged and improved as to constitute in reality a new work, and that just as clearly will entitle the author to a copyright running from the date of the new edition. Take for example, in illustration of that, a new edition of a scientific work which is published twenty or thirty years after the date of the first edition. The progress of science in the interval necessarily leads to the new edition being a very different book from the old. That old edition will probably, in the course of these twenty or thirty years, have become comparatively worthless, while the new edition, particularly if it is the production of the original author himself, will be as valuable at the later period as the original edition of the book was at the time when it was published. But there are many cases between these two extremes; and the difficulty will be to lay down any general rule as to what amount of addition or alteration or new matter will entitle a second or a new edition of a book to the privilege of copyright, or whether the copyright extends to the book as amended or improved, or is confined only to the additions or improvements themselves, as distinguished from the rest of the book. I think in the present case that we shall not find that we are in reality much troubled with such difficulties."

"It is not necessary," observed Lord Ardmillan, "that a work shall be entirely a new work in order to be the subject of copyright. A new edition is not necessarily a subject of copyright, but it may be so. There must be some originality in it; it may be in new thought or in new illustration, or in new explanatory and illustrative annotation, or even, in some peculiar instances, in simply new arrangement. If, in any of these respects, there is independent mental effort, then in the result of that mental effort, there may be copyright." Lord Kinloch said: "I think it clear that it will not create copyright in a new edition of a work, of which the copyright has expired, merely to make a few emendations of the text, or to add a few unimportant notes. To create a copyright by alterations of the text, these must be extensive and substantial, practically making a new book. With regard to notes, in like manner, they must exhibit an addition to the work which is not superficial or colourable, but imparts to the book a true and real value, over and above that belonging to the text. This value may, perhaps, be rightly expressed by saying that the book will procure purchasers in the market on special account of these notes. When notes to this extent and of this value are added, I cannot doubt that they attach to the edition the privilege of copyright. The principle of the law of copyright directly applies. There is involved in such annotation, and often in a very eminent degree, an exercise of intellect and an application of learning, which place the annotator in the position and character of author, in the most proper sense of the word. The skill and labour of such an annotator have often been procured at a price which cries shame on the miserable dole which formed to the author of the text his only remuneration. In every view, the addition of such notes as I have figured, puts the stamp of copyright on the edition to which they are attached. It will still, of course, remain open to publish the text, which, ex hypothesi, is the same as in the original edition; but to take and publish the notes will be a clear infringement of copyright." Notes need not It is not necessary that the notes should be original: if skill be original. and labour are bestowed in their selection and application, the annotator is entitled to copyright in them.

"Of the 200 notes," said the Lord President, in the case just referred to, "the defenders' counsel tells us further that 15 only consist of original matter and are the composition of Mr. Lockhart himself, while the remaining 185 are quotations from other books and authors. Now this seems to be considered also to be a sort of disparagement of the value of the notes, in which I cannot at all agree. It seems to me that notes of this kind are almost chiefly valu-. able in bringing together, and in combination. the thoughts of the same author in different places, or the thoughts of other authors or of critics bearing upon the point that is under consideration; and nothing could better illustrate it than a number of the notes which we see in these very volumes, and which are exceedingly interesting and valuable as matter of literary and critical taste and judgment. The quotations are in many places most apposite, and highly illustrative of the text, and exceedingly interesting to the reader; and certainly the selection and application of such quotations from other books may exercise as high literary faculties as the composition of original matter. They may be the result both of skill and of labour and of great literary taste; and, therefore, I think the circumstance that the notes consist to a great extent of quotations is anything but a disparagement of their value." So Lord Kinloch: “It was, perhaps, thought that to repeat quotations from well-known authors was not piracy. If so, I think a great mistake was committed. In the adaptation of the quotation to the ballad which it illustrates-the literary research which discovered it-the critical skill which applied it-there was, I think, an act of authorship performed of which no one was entitled to take the benefit for his own publication, and thereby to save the labour, the learning, and the expenditure, necessary even for this part of the annotation."

PAGE 117, marginal note, for “authorship of " read "copyright in." PAGE 118, before line 3, add:-It has recently been decided that joint authorship in a dramatic composition is not constituted by one person's altering the work of another without his consent, even though an entirely new scene should thereby be added: (Lery v.

Joint authorship.

Rutley, L. T. June 3, 1871, p. 85; Weekly Notes, June 3, 1871, p. 122; Notes of Cases, June 9, 1871, p. 127.) The Court of Common Pleas considered that joint authorship consisted in the co-operation of two or more authors in a common design, and that where there was no joint concert as to the general design and arrangement of the play, the person at whose request it was written, and who, besides making several alterations of an unimportant character, had introduced one entirely new scene, was not, as joint author, entitled, after the death of the writer, to sue for penalties for the unauthorised performance of the piece, although the deceased writer had given him a receipt for a sum of money on account, expressed to be for his "share as joint author:" (Ibid.) The court said that, to hold otherwise would give a copyright to many lives instead of to one life, as the statute contemplated; and if the contributor of an alteration or scene were held to be a co-author, the consequence would be that as many authors as had written a scene or made an alteration in a dramatic piece might each of them bring an action for penalties.

PAGE 127, before the last line, insert:

An Act respecting copyrights in Canada was passed in 1868 (31 Vict. c. 54, being the first session of the first Parliament of Canada) by the Senate and House of Commons of Canada, and Her Majesty.

Canadian copyright assented to by

Publication in

Canada

necessary.

The most important provision of this Act is contained in the 9th section, which enacts that to entitle any literary production or engraving, which is the work of a person resident in Great Britain or Ireland, to the protection of the Act, the work must be "printed and published in Canada," and must contain, in addition to a notice of having been entered according to Act of Parliament of Canada, and immediately after it, "the name and place of abode or business in Canada of the printer and publisher thereof."

Who may have copyright in Canada.

The persons who may possess copyright, and the works in which it may be enjoyed, are dealt with by the 3rd section. It provides that “ any person resident in Canada, or any person being a British subject, and resident in Great Britain or Ireland, who is the author of any book, map, chart, or musical composition, or of any original painting, drawing, statuary, sculpture, or photograph, or who invents, designs, etches, engraves, or causes to be engraved, etched, or made from his own design, any print or engraving, and the legal representatives of such persons shall have the sole right and liberty of printing, reprinting, publishing, reproducing, and vending such literary, scientific, or artistical works or compositions, in whole or in part, and of allowing translations to be made of such literary works from one language into other languages, for the term of 28 years from the time of recording the title thereof in the manner hereinafter directed; but no immoral or licentious, treasonable or seditious, book, or any other such literary, scientific, or artistical work, or composition, shall be the subject of such registration or copyright."

Renewal of

term.

If at the expiration of the terms of 28 years the author or any of them (if originally more than one) is still living and residing in Canada or Great Britain, or, if dead, has left a widow, child, or children living, the term is to be continued for 14 years more to such author, widow, child, or children; but the title of the work secured must be, within a year after the expiration of the first term, recorded, and the same regulations must be observed as in the case of original copyrights: (sect. 4.)

In all cases of renewal of copyright under the Act, the author or proprietor must, within two months from the date of the renewal, cause a copy of the record of it to be published once in the Canada Gazette: (sect. 5.)

Publication of record of

renewal.

uny scene or object.

Nothing contained in the Act is to prejudice the right of any No copyright in person to represent any scene or object, notwithstanding that there may be copyright in some other representation of such scene or object: (sect. 14.)

Whenever the work has been executed by the author for another person, or has been sold to another person for due consideration, the author is not to be entitled to obtain or retain

Copyright of

work made to order, &c.

the proprietorship of the copyright, which is by the said transaction virtually transferred to the purchaser, who may avail himself of the privilege, unless such privilege is specially reserved by the author or artist in a deed duly executed: (sect. 15.)

Requisites to The requisites to copyright are: (1) Recording title; (2) copyright. Deposit of copies; (3) Insertion of notice of copyright in the work; and (4) In the case of works of British subjects residing in Great Britain or Ireland, publication in Canada, and insertion in the work, immediately after the ordinary notice of copyright, of the name and place of abode or business in Canada of the printer and publisher of it.

Register of The Minister of Agriculture is to cause to be kept in his office copyrights. a book called the "Register of copyrights," in which proprietors of literary, scientific, and artistic works may have them registered: (Sect. 1.) He may also, from time to time, subject to the approval of the Governor in Council, make rules, regulations, and forms for the purposes of the Act; such regulations and forms being circulated in print for the use of the public, are to be deemed correct for the purposes of the Act; and all documents executed according to the same and accepted by him, are to be held valid so far as relates to all official proceedings under the Act: (sect. 2) Deposit of No person is to be entitled to the benefit of the Act, unless copies. he has deposited in the office of the Minister of Agriculture two copies of the book, map, chart, musical composition, photograph, print, cut, or engraving, and in case of paintings, drawings, statuary, and sculptures, unless he has furnished a written description of such works of art, and the Minister of Agriculture is forthwith to cause the same to be recorded in the book kept for the purpose, and in manner prescribed, for which record a payment of one dollar is to be made, and the like sum for every copy given to the person claiming the right, or his representatives, the sums so paid to be paid over to the Receiver-General, to form part of the Consolidated Revenue of Canada: (sect. 6.) The Minister of Agriculture is to cause one of the two copies to be deposited in the Library of the Parliament of Canada: (sect. 7.) Notice of copyNor is any person to be entitled to the benefit of the Act right to appear unless he gives information of the copyright being secured, by in work. causing to be inserted in the several copies of every edition published during the term secured, on the title-page, or the page immediately following, if it be a book, or if a map, chart, musical composition, print, cut, engraving, or photograph, by causing it to be impressed on the face thereof, or if a volume of maps, charts, music, or engravings, upon the title or frontispiece, the following words: "Entered according to Act of the Parliament of Canada, in the year by A. B., in the office of the Minister of Agriculture :"

(sect. 8.)

In the case of paintings, drawings, statuary, and sculpture, the signature of the artist is to be deemed a sufficient notice of proprietorship: (b.)

Temporary registration to secure copyright.

A literary work intended to be published in pamphlet or book form, but which is first published in separate articles in a newspaper or periodical, may be the subject of registration within the Act, whilst so preliminarily published, provided the title of the MS. and a short analysis of the work are deposited in the office of the Minister of Agriculture, the registration fee be duly paid, and every separate article so published, be preceded by the words "Registered in accordance with the Copyright Act of 1868;" but the work, when published in book or pamphlet form, is to be subject, besides, to the other requirements of the Act: (sect. 13.)

Penalty for in- It is piracy for any other person, after the recording of the title fringement of of any book according to the Act, within the term or terms copyright in therein limited, to print, publish, or import, or cause to be books; printed, published, or imported, any copy or translation of such book, without the consent of the person legally entitled to the copyright first had and obtained by deed duly executed, or knowing the same to be so printed or imported, to publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy of such book without such consent in writing. The offender is to forfeit every copy of the book to the person legally entitled to the