living, the same sole and exclusive right and liberty shall be continued to such author or to such authors still living, or, if dead, then to such widow and child or children, as the case may be, for the further term of fourteen years; but in such case, within one year after the expiration of such term of twenty-eight years, the title of the work secured shall be a second time registered, and all other regulations herein required to be observed in regard to original copyrights shall be complied with in respect to such renewed copyright (38 Vict., cap. 88, sec. 5).

18. In all cases of renewal of copyright under this Act,. the author or proprietor shall, within two months from the date of such renewal, cause notice of such registration thereof to be published once in the "Canada Gazette" (38 Vict., cap. 88, sec. 6).

Conflicting Claims to Copyright.

19.* (1.) In case of any person making application to register as his own the copyright of a literary, scientific, or artistic work already registered in the name of another person, or in case of simultaneous conflicting applications, or of an application made by any person other than the person entered as proprietor of a registered copyright to cancel the said copyright, the person so applying shall be notified by the Minister that the question is one for the decision of a Court of competent jurisdiction, and no further proceedings shall be had or taken by the Minister concerning the application until a judgment is produced maintaining, cancelling, or otherwise deciding the matter.

(2.) Such registration, cancellation, or adjustment of the said right shall then be made by the Minister in accordance with such decision (38 Vict., cap. 88, sec. 19).

Infringement of Copyright.

20. Every person who, without the consent of the author or lawful proprietor thereof first obtained, prints or publishes, or causes to be printed or published, any manuscript not previously printed in Canada or elsewhere, shall be liable to the author or proprietor for all damages occasioned by such publication, and the same shall be recoverable in any Court of competent jurisdiction (38 Vict., cap. 88, sec. 3).

Licences to republish.

21. If a work copyrighted in Canada becomes out of print, a complaint may be lodged by any person with the Minister, who,

Amended by Act of 1890, see page 911, and by Act of 1891, see page 912.

on the fact being ascertained to his satisfaction, shall notify the owner of the copyright of the complaint and of the fact, and if, within a reasonable time, no remedy is applied by such owner, the Minister may grant a licence to any person to publish a new edition or to import the work, specifying the number of copies and the royalty to be paid on each to the owner of the copyright (38 Vict., cap. 88, sec. 22).

Fees.

22.-(1.) The following fees shall be paid to the Minister before an application for any of the purposes herein mentioned is received, that is to say :

0 50

On registering any decision of a Court of Justice, for
every folio

..

For office copies of documents not above mentioned, the following charges shall be made :

For every subsequent 100 words (fractions under or not
exceeding 50 not being counted, and over 50 being
counted for 100) ..

0 25

(2.) The said fees shall be in full of all services performed under this Act by the Minister or by any person employed by him under this Act.

(3.) All fees received under this Act shall be paid over to the Minister of Finance and Receiver-General, and shall form part of the Consolidated Revenue Fund of Canada.

(4.) No person shall be exempt from the payment of any fee or charge payable in respect of any services performed under this Act for such person, and no fee paid shall be returned to the person who paid it (38 Vict., cap. 88, sec. 28).

General Provisions.

23. Nothing herein contained shall prejudice the right of any person to represent any scene or object, notwithstanding that there may be copyright in some other representation of such scene or object (38 Vict., cap. 88, sec. 14).

24. Newspapers and magazines published in foreign countries,

and which contain, together with foreign original matter, portions of British copyright works republished with the consent of the author or his legal representatives, or under the law of the country where such copyright exists, may be imported into Canada (38 Vict., cap. 88, sec. 10, part).

25. Clerical errors which occur in the framing or copying of any instrument drawn by any officer or employé in or of the Departmeat shall not be construed as invalidating such instrument, but when discovered they may be corrected under the authority of the Minister (38 Vict., cap. 88, sec. 20).

26. All copies or extracts certified from the Department shall be received in evidence, without further proof and without production of the originals (38 Vict., cap. 88, sec. 21).

27. The Minister may from time to time, subject to the approval of the Governor in Council, make such rules and regulations, and prescribe such forms, as appear to him necessary and expedient for the purposes of this Act; and such regulations and forms, circulated in print for the use of the public, shall be deemed to be correct for the purposes of this Act; and all documents execute l and accepted by the Minister shall be held valid so far as relates to all official proceedings under this Act (38 Vict., cap. 88, sec. 2).

Offences and Penalties.

28. Every person who wilfully makes or causes to be made any false entry in any of the registry books hereinbefore mentioned of the Minister, or who wilfully produces or causes to be tendered in evidence any paper which falsely purports to be a copy of an entry in any of the said books, is guilty of a misdemeanour, and shall be punished accordingly (38 Vict., cap. 88, sec. 24).

29. Every person who fraudulently assumes authority to act as agent of the author or of his legal representative for the registration of a temporary copyright, an interim copyright, or a copyright, is guilty of a misdemeanour, and shall be punished accordingly (38 Vict., cap. 88, sec. 23, part).

30. Every person who, after the interim registration of the title of any book according to this Act, and within the term herein limited, or after the copyright is secured and during the term or terms of its duration, prints, publishes, or reprints or republishes, or imports, or causes to be so printed, published, or imported, any copy or any translation of such book, without the consent of the person lawfully entitled to the copyright thereof first had and obtained by assignment, or who, knowing the same to be so printed or imported, publishes, sells, or exposes for sale, or causes to be published, sold, or exposed for sale, any copy of such book without

such consent, shall forfeit every copy of such book to the person then lawfully entitled to the copyright thereof; and shall forfeit and pay for every such copy which is found in his possession, either being printed or printed, published, imported, or exposed for sale, contrary to the provisions of this Act, such sum, not exceeding 1 dollar and not less than 10 cents, as the Court determines, which forfeiture shall be enforceable or recoverable in any Court of competent jurisdiction; and a moiety of such sum shall belong to Her Majesty for the public uses of Canada, and the other moiety shall belong to the lawful owner of such copyright (38 Vict., cap. 88, sec. 11).

31. Every person who, after the registering of any painting, drawing, statue, or other work of art, and within the term or terms limited by this Act, reproduces in any manner, or causes to be reproduced, made, or sold, in whole or in part, any copy of any such work of art, without the consent of the proprietor, shall forfeit the plate or plates on which such reproduction has been made, and every sheet thereof so reproduced, to the proprietor of the copyright thereof; and shall also forfeit for every sheet of such reproduction published or exposed for sale contrary to this Act, such sum, not exceeding 1 dollar and not less than 10 cents, as the Court determines, which forfeiture shall be enforceable or recoverable in any Court of competent jurisdiction; and a moiety of such sum shall belong to Her Majesty, for the public uses of Canada, and the other moiety shall belong to the lawful owner of such copyright (38 Vict., cap. 88, sec. 12).

32. Every person who, after the registering of any print, cut, or engraving, map, chart, musical composition, or photograph, according to the provisions of this Act, and within the term or terms limited by this Act, engraves, etches, or works, sells, or copies, or causes to be engraved, etched, or copied, made, or sold, either as a whole or by varying, adding to, or diminishing the main design, with intent to evade the law, or who prints or reprints, or imports for sale, or causes to be so printed or reprinted, or imported for sale, any such map, chart, musical composition, print, cut, or engraving, or any part thereof, without the consent of the proprietor of the copyright thereof first obtained, as aforesaid; or who, knowing the same to be so reprinted, printed, or imported without such consent, publishes, sells, or exposes for sale, or in any manner disposes of any such map, chart, musical composition, engraving, cut, photograph, or print, without such consent as aforesaid, shall forfeit the plate or plates on which such map, chart, musical composition, engraving, cut, photograph, or print has been copied, and also every sheet thereof so copied or printed as aforesaid, to the proprietor of the copyright thereof; and shall also forfeit, for every sheet of such

map, musical composition, print, cut, or engraving found in his possession, printed or published or exposed for sale contrary to this Act, such sum, not exceeding 1 dollar and not less than 10 cents, as the Court determines, which forfeiture shall be enforceable or recoverable in any Court of competent jurisdiction; and a moiety of such sum shall belong to Her Majesty for the public uses of Canada, and the other moiety shall belong to the lawful owner of such copyright (38 Vict., cap. 88, sec. 13).

33.—(1.) Every person who has not lawfully acquired the copyright of a literary, scientific, or artistic work, and who inserts in any copy thereof printed, produced, reproduced, or imported, or who impresses on any such copy, that the same has been entered according to this Act, or words purporting to assert the existence of a Canadian copyright in relation thereto, shall incur a penalty not exceeding 300 dollars.

(2.) Every person who causes any work to be inserted in the register of interim copyright and fails to print and publish, or reprint and republish the same within the time prescribed, shall incur a penalty not exceeding 100 dollars.

(3.) Every penalty incurred under this section shall be recoverable in any Court of competent jurisdiction, and a moiety thereof shall belong to Her Majesty for the public uses of Canada, and the other moiety shall belong to the person who sues for the same (38 Vict., cap. 88, sec. 17).

34. No action or prosecution for the recovery of any penalty under this Act shall be commenced more than two years after the cause of action arises (38 Vict., cap. 88, sec. 27).

ACT of the Government of Canada, to amend " The Copyright

[53 Vict., cap. 12.]

Act."

[Assented to April 24, 1890.] HER Majesty, by and with the advice and consent of the Seuate and House of Commons of Canada, enacts as follows:

1. Section 19 of "The Copyright Act" is hereby amended by adding thereto the following sub-section:

"(3.) The Exchequer Court of Canada shall be a competent Court within the meaning of this Act, and shall have jurisdiction to adjudicate upon any question arising under this section, upon information in the name of the Attorney-General of Canada, and at the relation of any party interested."†

* Page 903.

† Amended by Act of 1891, see page 912.