Page:The copyright act, 1911, annotated.djvu/17

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Rights.
5

§1 (1).

Drawings.
Works of sculpture—
Casts.
Models.
Works of artistic craftsmanship.
Architectural works of art.
Engravings—
Etchings.
Lithographs.
Wood-cuts.
Prints.
Photographs.

Condition precedent to the protection of a published work.In the case of a published work the sole condition precedent to protection will be first publication, which includes simultaneous publication (that is, publication within fourteen days of publication elsewhere[1]), and such first publication must be made either—

(1) Within His Majesty's dominions to which the Act extends;

(2) Within a self-governing dominion in respect of which the Secretary of State has given a certificate that such dominion gives to British subjects generally rights substantially identical with those conferred by the Act[2];

(3) Within a self-governing dominion in respect of which an Order in Council has been made extending the benefit of the Act thereto[3];

(4) Within a foreign country in respect of which an Order in Council has been made extending the benefit of the Act thereto[4].

The Crown has power by Order in Council to exclude from protection, under the above provisions, the works of subjects or citizens of any foreign country which does not give adequate protection to the works of British authors[5].

The right of foreign authors to demand protection by first publication is based on Article 6 of the Berlin Con-
  1. Sect. 35 (3).
  2. Sect. 25 (2).
  3. Sect. 26 (3).
  4. Sect. 29 (1) (a).
  5. Sect. 23.