Fix this text
TRADE EDITION.
Fix this textThe Bookfellow
Fix this textTHE AUSTRALASIAN REVIEW.
Fix this textMONTHLY.—VoI. 1., No. 8.
Fix this textJULY 1, 1912.
Fix this textRegistered at the General Post Office, Sydney, for transmission by post as a newspaper.
Fix this textYEARLY: 6s. 6d.
Fix this textin Advance.
Fix this textREVIEWS.
Fix this textTHE LAW OF COPYRIGHT
Fix this textby G. S. Robertson.
Fix this text(Oxford University Press; 10s. 6d. net.).
Fix this textThe object of this book is to explain
Fix this textthe British Copyright Act, 1911, which
Fix this textcomes into operation to-day, and to dis-
Fix this textcuss the effect which the Act will exer-
Fix this textcise upon the law hitherto in force. The
Fix this textauthor has fulfilled his task with com-
Fix this textpetence, and the book is particularly use-
Fix this textful in Australia; since, following British
Fix this textchanges, an amendment of Australian law
Fix this textis required. This amendment was in-
Fix this texteffectively undertaken in the Bill introduc-
Fix this texted to the Commonwealth Senate during
Fix this textthe last session of Parliament, and not
Fix this textproceeded with.
Fix this textThe British Act is important. Gene-
Fix this textrally, its aim is to harmonise laws pre-
Fix this textviously existing and to apply modern
Fix this textideas in a new code. It repeals virtually
Fix this textthe whole result of past legislation, sub-
Fix this textstitutes the statute for the former copy-
Fix this textright at common law, and establishes
Fix this textcopyright upon a basis liberal to
Fix this textauthors and better adapted to present
Fix this textconditions.
Fix this textThe New British Act
Fix this textThe work of a British author (includ-
Fix this texting every original literary, dramatic, mu-
Fix this textsical or artistic work) is now entitled to
Fix this textcopyright (that is, the exclusive right
Fix this textof production or publication of copies)
Fix this textduring his lifetime and for fiftv years
Fix this textafter his death. (The Australian term is
Fix this textlifetime and thirty years.) Mechanical
Fix this textworks, such as gramophone records, cine-
Fix this textmatograph films, photograph negatives,
Fix this textare entitled to copyright for fifty years
Fix this textfrom the date of manufacture. (The
Fix this textAustralian term, in the case of a photo-
Fix this textgraph, is lifetime and thirty years.)
Fix this textThere are many other changes of greater
Fix this textor less significance.
Fix this text1 he most momentous result of the Brit-
Fix this textish Act, in its application to Australasia,
Fix this textis the concession of an independent copy-
Fix this textright status to the self-governing British
Fix this textDominions, including the Commonwealth
Fix this textand New Zealand. Hitherto the copy-
Fix this textright law of the Commonwealth has run
Fix this textconcurrently with British law, and has
Fix this textbeen applicable only to works published
Fix this textin Australia. To Australian authors pub-
Fix this textlishing in London, British law has ap-
Fix this textplied ; and this law has been valid in Aus-
Fix this texttralia. In New Zealand there has been
Fix this textno separate legislation of any importance
Fix this textregarding copyright; and New Zealand
Fix this textauthors come under British law.
Fix this textThe British Act of 1911 (Sec. 26)
Fix this textpermits the self-governing Dominions (a)
Fix this textto repeal all the enactments of British
Fix this textcopyright law, including the Act of 1911.
Fix this textThe alternatives for Australia and New
Fix this textZealand are either (b) to endorse the
Fix this textAct (Sec. 25), in which case Australasian
Fix this textauthors will enjoy British rights; or (c)
Fix this textto do nothing, in which case the Act does
Fix this textnot apply (Sec. 25), and things iwill
Fix this textremain as at present (Sec. 25/2) with the
Fix this textBritish difference that publication in Aus-
Fix this texttralasia will not give protection beyond
Fix this textAustralasia (Sec. 26/3).
Fix this textThe Choice of the Dominions
Fix this textAs the third course sacrifices much and
Fix this textgains nothing, the Australasian choice
Fix this textlies between endorsement or repeal of
Fix this textthe Act. Endorsement is simpler, since
Fix this textthe inevitable agreement with the British
Fix this textEmpire and the nations included in the
Fix this textBerne Convention will be more easily
Fix this textreached by accepting the British law,
Fix this textwith local modifications (Sec. 27), than
Fix this textby inviting Britain to accept an Austra-
Fix this textlian or New Zealand law, with reserva-
Fix this texttions in favour of Britain. To repeal the
Fix this textAct is the way of independence; it in-
Fix this textvolves separate agreements (Sec. 26/3)
Fix this textwith Britain; with New Zealand in the
Fix this textcase of Australia and with Australia in
Fix this textthe case of New Zealand; with Canada,
Fix this textSouth Africa, and Newfoundland, and
Fix this textwith other countries in turn.
Fix this textIndependent status thus creates con-
Fix this textsiderable obligations, and will bring in
Fix this textits train a considerable expense. In the
Fix this textend, we do not see that at present it will
Fix this textconfer any advantage upon Australian
Fix this textauthors that is not gained by simple con-
Fix this textformity with Britain, making such local
Fix this textmodifications as are required. The copy-
Fix this textright interests of Australasia, as they con-
Fix this textcern both authors and readers, are bound
Fix this textup with British interests. The British
Fix this textAct carefully maintains British rights in
Fix this textthe proffered bargain. Whether the self-
Fix this textgoverning Dominions accept or reject the
Fix this textAct, if Dominion authors want protection
Fix this textin Britain, as of course they do, British
Fix this textauthors must receive equivalent protec-
Fix this texttion in the Dominions.
Fix this textWe have no doubt that New Zealand
Fix this textwill choose the easier way, and will pass
Fix this texta short Act applying the British Act vir-
Fix this texttually as it stands. If we correctly inter-
Fix this textpret Sections 25 and 26, the case is urgent.
Fix this textBy the previously existing British law,
Fix this textthe work of an author resident in New
Fix this textZealand was protected in Britain, in New
Fix this textZealand, in Australia, and in other self-
Fix this textgoverning Dominions. As regards work
Fix this textpublished before this date of Ist July,
Fix this textthat protection is now extended in the
Fix this textterms of the Act; and apparently whether
Fix this textentered at Stationers’ Hall, London, or
Fix this textnot. As regards work published after
Fix this textthis date, it is protected in New Zealand,
Fix this textAustralia, and in the other self-governing
Fix this textDominions, but not in Britain or in Brit-
Fix this textish Dominions not self-governing, until
Fix this textNew Zealand comes to an arrangement
Fix this textwith Britain in accordance with the Act.
Fix this textThis is our reading of Section 26/2;
Fix this textand the same reasoning applies to Aus-
Fix this texttralia. 1 hat is, the former British pro-
Fix this texttection is swept away. The new British
Fix this textprotection is not given until the self-
Fix this textgoverning Dominions accept it by specific
Fix this textlegislation.. By Section 26/2 former Brit-
Fix this textish legislation, as applied to a self-govern-
Fix this texting Dominion, remains “operative in that
Fix this textDominion” only. Therefore former Brit-
Fix this textish protection is inoperative in Britain.
Fix this textIf this reasoning is found correct by
Fix this textlegal authority, the Commonwealth Gov-
Fix this texternment should move at once. It is clear
Fix this textthat the Bill introduced by the Govern-
Fix this textment in the last session of Parliament is
Fix this textinadequate. It takes the way of inde-
Fix this textpendence, but does not repeal British
Fix this textcopyright laws repealed by the new Act;
Fix this textdoes not adopt the liberal provisions of
Fix this textthe British Act; does not include copy-
Fix this textright in mechanical records, such as
Fix this textgramophone records, or in cinematograph
Fix this textfilms ; and does not sufficiently provide
Fix this textfor international copyright. Read in
Fix this textconjunction with Sec. 13/2 of the Act of
Fix this textJ9°s> Bill is contradictory, and its
Fix this textimplications are vague. This sub-section
Fix this textvirtually grants copyright only to works
Fix this textfirst printed or performed in Australia.
Fix this textThat is, it makes a condition which is
Fix this textunnecessary, and which it is impracticable
Fix this textto render effective; it should be repealed.
Fix this textCopyright is the concern of authors and
Fix this textreaders, not of printers-; the American
Fix this textexample is a bad one, and Australia can-
Fix this textnot apply it without loss to Australian
Fix this textauthors and readers.
Fix this textIt's easy and takes two shakes of a lamb's tail!
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(1911). The bookfellow : the Australasian review and journal of the Australasian book trade Retrieved August 5, 2025, from http://nla.gov.au/nla.obj-820609315
The bookfellow : the Australasian review and journal of the Australasian book trade Sydney: Bookfellow, 1911. Web. 5 August 2025 <http://nla.gov.au/nla.obj-820609315>
1911, The bookfellow : the Australasian review and journal of the Australasian book trade Bookfellow, Sydney viewed 5 August 2025 http://nla.gov.au/nla.obj-820609315
{{Citation
|
| title=The bookfellow : the Australasian review and journal of the Australasian book trade.
| year=1911
| section=v. ; 32 cm.
| edition=Trade ed.
| issue=Vol. 1 No. 8 (1 July, 1912)
| location=Sydney
| publisher=Bookfellow
| url=http://nla.gov.au/nla.obj-820609315
| id=nla.obj-820609315
| access-date=5 August 2025
| via=Trove
}}
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