§1 (1).
copyright union; (2) in a published work if first published in a foreign country which is a party to the copyright union[1].
Condition precedent to the protection of an unpublished work.An unpublished work is entitled to protection if at the date of making the work the author was—
(2) Resident or domiciled within His Majesty's dominions to which the Act extends;
(3) Resident or domiciled within a self-governing dominion in respect of which the Secretary of State has given a certificate[3];
(4) Resident or domiciled within a self-governing dominion in respect of which an Order in Council has been made extending the benefit of the Act thereto [4];
(5) A subject or citizen of a foreign country in respect of which an Order in Council has been made extending the benefit of the Act thereto[5];
(6) Resident or domiciled within a foreign country in respect of which an Order in Council has been made extending the benefit of the Act thereto[5].
In respect of unpublished works it is of great importance to note (a) that the Act consolidates the whole law relating to copyright, and that the old common law right in unpublished works is expressly taken away from the author; (b) that a statutory definition of publication has been adopted which brings this country into line with the Continental acceptance of the meaning of publication.
One remarkable result of the abrogation of the common law right is that foreigners who do not become entitled to statutory protection under this section will obtain no protection in the nature of copyright for their unpub-- ↑ Berne, Arts. II., III.; Act of Paris, Arts. II., III.; Int. Cop. Act, 1886, Preamble, s. 2; Order in Council, 1887, s. 1: Order in Council, 1898, s. 1; Sarpy v. Holland, [1908] 2 Ch. 198; Hanfstaengl v. American Tobacco Co., [1895] 1 Q. B. 347.
- ↑ Sect. 26 (3).
- ↑ Sect. 25 (2).
- ↑ Sect. 26 (3).
- ↑ 5.0 5.1 Sect. 29.
