The distance of time, 28 years, which must elapse before the copyright in a magazine article reverts to the author, is far too long. Proprietors of periodicals have not as a rule insisted on the right given them by the existing law, and there has been no reason why they should. Most magazine articles are so essentially ephemeral, that magazines as a whole are seldom if ever reprinted. In cases where reprinting of particular articles would pay, they would generally require revision by the author. Moreover, it may be very difficult in many cases to discover the proprietor of a magazine copyright, after the lapse of a few years from the insertion of an article which the author may wish to republish.

There is a great conflict of judicial opinion on the point whether a foreign author must be residing in the British dominions at the time of the publication of a book in the United Kingdam in order to obtain copyright therein.*

The Remedies proposed by Lord Monkswell's Bill.

The Bill which Lord Monkswell has kindly taken charge of at the request of the Incorporated Society of Authors has two distinct objects. First, it is a consolidating Bill, and secondly, it is an amending Bill. As a consolidating Bill it will reduce into one Act all the confused statutes on the subject, repealing the whole series of them (except the Canada Copyright Act, 1875), and re-enacting them in consistent and intelligible language, with such amendments as have been thought desirable. The amendments are for the most part, but not entirely, those suggested by a Royal Commission which reported in 1878. Copious extracts from that Report, and the memorandum prefixed to the Bill, showing in what respect, if any, and for what reasons, that Report was not followed, are printed hereafter (see

* See Routledge v. Low, L.R. 3, H.L. 100.

Chapter IV.) with a few extracts from the Bill and criticisms on its most important clauses. But it will be well to point out bere, and at once, the most important amendments.

Term of Copyright. This is to be the life of the author and 30 years afterwards in respect of books and every other subject matter of copyright, except in the case of engravings and photographs, in respect of which the term is to be 30 years from publication, and of anonymous and pseudonymous works. It is of importance to point out that in fixing life and a term beyond life, instead of a term dependent on the date of publication, the law of European countries generally in relation to literary copyright has been followed, and also that the 30 years beyond life is a shorter term than that fixed by the law in most other countries. In France, Russia, Spain, Portugal, Denmark, Norway, and Sweden, for instance, the term is life and 50 years; in Italy, life and 40 years. The term proposed by the Bill, life and 30 years, is that prevailing in Germany, both for literary and artistic copyright. Only in Belgium and Holland, where the term is life and 20 years, and in Greece, where the term is 15 years from publication, does the term for literary copyright appear to be shorter than that proposed by the Bill. In the United States of America, the term is 28 years from registration, with a power of further extension for 14 years more, at the end of the term.* There is also copyright in Brazil, Chili, Japan, and Mexico, in which latter country literary copyright is perpetual, while the right of representation of dramatic and musical works lasts for the life of the author, and for 30 years after his death.† The Argentine Republic, Egypt, Paraguay, Peru, and Uruguay, are believed to be the only countries in the civilized world which possess no law on copyright.

*The whole of the law of foreign countries as to copyright will be found exhaustively detailed in Copinger, 2nd edition (A.D. 1881), ch. xviii. † Copinger, p. 567.

Term of Copyright in Magazine Articles.—The special provisions of the existing law as to this have been already set forth, and so have the reasons for altering them. The Bill reduces the period after which the copyright in the articles, &c., is to revert to the author from 28 years to 3-a very great reduction, no doubt, but not apparently going too far, inasmuch as all possibility of competition between the article as separately reprinted and as appearing in the magazine will in that time have been removed.

Abridgments. As to these, the Bill provides that every abridgment is to be an infringement of the copyright in the work abridged, unless it be made with the consent of the owner of the copyright. Sir James Stephen, it must be mentioned, dissented from his brother Commissioners as to this alteration, being of opinion that "the question whether "any given abridgment is substantially an original work or "not is capable of being determined by a Court of law in a

more or less satisfactory way," and that "any statutory "rule on the subject is likely to lead to great practical diffi"culties, and would be liable to evasion." Looking at the present rapidly increasing mass of literature of all kinds, abridgments should no doubt be encouraged, and in many cases they promote the sale and fame of the work abridged. But there seems no reason why the person without whom the abridgment would have been impossible should not have some voice in the matter. If doubtful questions should arise, that is only a reason for giving the consent required on easy terms.

Dramatisation of Novels.-This has been a burning question for some time, and in the Little Lord Fauntleroy case,* in which the novelist succeeded in preventing dramatisation, the law was perhaps strained to bring it more into accordance with justice.

* Warne v. Seebohm, 39 Ch. D. 73.

The Bill simply provides that in the case of a work of fiction it is to be an infringement of the copyright of a book if any person, without the consent of the copyright owner, "take the dialogue, plot, or incidents related in the "book and use them for, or convert them into, or adapt

them, for a dramatic work, or knowing such dramatic work to have been so made, shall permit or cause public "performance of the same "; and conversely the novelisation of dramas, without the consent of the owner of the copyright in the drama, is also prohibited.

Newspaper Copyright.—The term "book" being expressly defined as including "newspaper," it is proposed that the copyright in newspapers should endure for the same term as that of copyright in books; but it is also proposed that such copyright shall extend only to "articles, paragraphs, "communications and other parts which are compositions " of a literary character, and not to any articles, &c. which are designed only for the publication of news or to adver"tisements." It is also proposed that the registration of a newspaper, which is required by the Newspaper Libel and Registration Act, 1881, shall be equivalent to the registration which is to be required before action can be brought for an infringement of copyright.

Artistic Copyright.—In dealing with artistic copyright, the Bill differs in one important respect from the recommendations of the Royal Commission. That Commission recommended that the copyright in paintings, drawings, and photographs should "follow the ownership," that is, should belong to the purchaser unless specially reserved to the artist, The Bill, following a Fine Arts Bill which has been frequently before the House of Commons, and once passed a second reading in that House, proposes that the copyright shall remain in the artist, unless specially reserved to the purchaser. It is also proposed that the painter of a portrait on commission is not to be allowed to

B

repeat it, that a replica is not to be made without the leave of the owner of the original, and that "sketches, studies, "models and casts used in executing a work of fine art may,

although the copyright in that work shall have been sold, "be sold or again used, so only that no replica or other re"petition or any colourable imitation of the same work or "the design thereof be made." Copyright in works done by an assistant is to belong to his employer. Provision is made for the seizure of piratical copies of works of art when hawked about or offered for sale.

Photographs. The exhibition of photographs taken on commission without the consent of the person giving the commission is prohibited.

Registration of Copyright. It is proposed that registration, as a condition precedent to the recovering damages for infringement should be made practically compulsory in respect of any subjects of copyright, except paintings and sculpture. This is to be effected by a provision that no proceedings at all may be taken before registration, and that a penalty must be paid to admit of the recovery of damages incurred before registration.

Copyright Registration Office.-It is proposed that a Government "Copyright Registration Office" should supersede the existing "Stationers' Hall," which, however, is to be maintained for the present, in consequence of the Bill not interfering with existing copyrights.

Rights of Foreigners. The doubt whether a foreigner must be resident within the British dominions at the time of publication, is solved in favour of the foreigner, who by publication in any part of the British dominions becomes entitled to copyright in any part of those dominions whereever he may be resident at the time of publication.

International Copyright. In respect of international copyright, the Bill merely reproduces the existing law as