Page:The copyright act, 1911, annotated.djvu/69

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Rights. 57

made and executed for or on behalf of another for valuable s g n\ consideration, in the employer (/).

��Side by side with the statutory provisions there is judicial autho- existing law. rity for the view that when any work is executed by a person in the course of his employment as the paid servant of another the copyright in that work vests in the employer ( y).

When copyright is claimed by the proprietor of a collective work Collective under sect. 18 of the Copyright Act, 1842, the projirietor must works, prove that the employment was on the terms that copyright should V°?^y^^?i* belong to him. Such terms need not, however, be expressed, and ^*^ ' ^ ' when a proprietor has employed and paid an author, there is a printd facie presumption that the employment was on the terms that the copyright should belong to the proprietor (A). Payment is a condition precedent to the copyright vesting in the proprietor of the collective work, and, apparently, if the work is published befoi'e payment, copyright vests in the author, but passes by operation of law to the proprietor on payment being made («). If two or more proprietors of several publications have jointlj' employed an author to compose a work which is published in their several publications, the proprietors of each publication has, subject to the rights of the other proprietors, a separate copyright as if he alone had employed the author (/.■). When the projjriotor of a collective work has established his right under sect. 18, then, in the case of non- periodical works, the copyright passes to him absolutely. In the case, however, of periodicals, the proprietor only acquires the light to it as part of his periodical. He cannot, without the author's consent, publish it in any separate form(/), and after the lapse of 28 years from the day of first publication the author, or his assignee or personal representative, may publish separately, and on doing so acquires a concurrent copyright in the contribution. If, with the consent of the jiroprietor of the periodical, the author publishes in •sepai'ate form before the expiration of 28 years, his concurrent copyright will date from such pu.blication. Before the expiration of the 28 years, or publication in separate form, the author's interest is reversionary. His right against the proprietor is one of quasi- contract {in). Probably he could not sue third parties at law, but if third parties did print he would be entitled to demand that the proprietor should bring an action against them , and if the proprietor

if) Fine Arts Copyriarht Act, 1862 (25 & 2G Vict. c. 68), s. 1.

(.(/) midesheimcr v. Dunn (1891), 64 L. T. 45'; ; JFalter v. Lane, [1900] A.C. 539; Sweet v. Benmrn/ (l'855). 16 C. B. 459; James Nhbct S,- Co., Ltd. V. The Golf Agency (1907), 23 T. L. R. 370.

(//) Lau-rence and Bidlen v. AJialo, [1904] A. C. 17 ; Lamb v. Evans, [1893] 1 Ch. 218; Walter y. Jloire (1881), 17 Ch. D. 708; Johnson v. Nnvnes, [1894] 3 Ch. 663 ; Coote v. Jndd (1883), 23 Ch. D. 727.

{i) Trade Auxiliary v. Middle.borongh (1889), 40 Ch. D. 425 ; Broicn v. Cooke (1846), 16 L. J. Ch. 140 ; Richardson v. Gilbert (1851), 1 Sim. (N. S.) 336 ; Collingridge v. Emmott (1888), 57 L. T. (N. S.) 864 ; Trade Auxiliary V. Jackson (1887), 4 T. L. R. 130.

{k) Trade Auxiliary v. Middlesborough (1889), 40 Ch. D. 425.

{I) Mayhexc v. Maxwell (1860), 1 J. cS: H. 312 ; Smith v. Johnson (1863), 4 Giff. 632.

(»n) Johnson v. Neicnes, [1894] 3 Ch. 663.

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