Page:The copyright act, 1911, annotated.djvu/59

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Rights. 47

the autlioi' lives for sevoiiteen years or more after lirst § 3.

publication, his works will enjoy absolute protection for

a longer period than they got at present. If the author dies Avithin the period of seventeen years after publica- tion, his works will enjoy absolute protection for a shorter period than they get at jiresent. On the whole, the average absolute jDrotection in the case of books is prob- ably less than it is under existing law. After the expira- tion of twenty-five years from the author's death, re- production is free to all upon giving the prescribed notice and paying the 10 per cent, royalty as jsrescribed by the regulations of the Board of Trade.

The meaning of the proviso is not, in all respects, very Scope of the clear. It is open to some doubt whether the liberty privilege, granted by the proviso is rc^strictLxl to a liberty to re- produce the entire work as published by the author in the same form and without any alteration, or wdiether it would be permissible (1) to reproduce part only; (2) to repro- duce in another form, e.g., to reproduce a translation of the original sheet music in the form of a record, &c.; (8) to utilise the work as the basis of a new work so that the copyright Avork would only appear in fragments much altered and revised. It is submitted that, in the absence of any limitation, the greater will include, the less, and that the work or part of it can be reproduced in any of the forms suggested.

An even more difficult jjoint arises as to whether the liberty granted by the proviso extends to the reproduc- tion of the AVork as part of a oollective Avork, such as a neAvspaper collection of essays or hymns, or an encyclo- pedia, and if so, upon Avhat basis the 10 per cent, royalty is to be calculated. It is submitted that reproduction in a collectiA^e Avork is permissible, and that, Avhere so repro- duced, the published price of the Avork reproduced nmst l)e ascertained by taking a proportionate part of the pub- lished price of the entii'e coUectiA'o AVork.

The price, it Avill be obserA^cd, is not the price at Avhich " Price at the Avork is sold, but that at Avhich it is published. It ^^^jf^jj"/^ „ seems clear, therefore, that Avhere a book is published at a price subject to discount, the full published price is to be taken in reckoning the royalties due.

A further question arises under this jDroviso as to the Where position of a publisher who, before the passing of the Act, publi.^er has has taken an assignment of the copyright and has agreed ^^^^ ° ^^^

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