DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.34369#0271
A.D. 1847.]
ACT XX.
261
said right should be made capable for easy enforcement in every part of the
said territories:
And whereas it is doubtful whether the Act of Parliament 5 & 6 Viet,
c. 45, entitled " An Act to amend the Law of Copyright," although such
Act extend to every part of the British dominions, has made appropriate
and sufficient provisions for the enforcement in every part of the said ter-
ritories subject to the Government of the East-India Company of the
said right by proprietors thereof: and whether the said Act of Parliament
has made provision for the enforcement of the said right by or against any
persons not being subject to the jurisdiction of the courts established by
her Majesty's Charter:
I. It is therefore hereby enacted, that the copyright in every book pub-
lished in the lifetime of its author within the said territories, after the
passing of the Act of Parliament 3 & 4 Wm. IV. c. 85, entitled " An Act
for effecting an Arrangement with the East-India Company, and for the
better Government of his Majesty's Indian Territories till the 30th day of
April, 1854," shall endure for the natural life of such author, and for the
further term of seven years commencing at the time of his death, and
shall be the property of such author and his assigns: provided always,
that if the said term of seven years shall expire before the end of forty-
two years from the publication of such book, the copyright shall in that
case endure for such period of forty-two years ; and that the copyright in
every book published after the death of its author and after the passing of
the Act of Parliament last aforesaid, shall endure for the term of forty-two
years from the first publication thereof, and shall be the property of the
proprietor of the author's manuscript, from which such book shall be first
published, and his assigns.
II. And whereas it is expedient to provide against the suppression of License to republish
books of importance to the public: it is enacted, that it shall be lawful P^netor
for the Governor-General in Council, on complaint made to them that
the proprietor of the copyright in any book published after the passing of
this Act within the said territories, has, after the death of its author,
refused to republish or to allow the republication of the same, and that by
reason of such refusal such book may be withheld from the public, to grant
a license to such complainant to publish such book in such manner and
subject to such conditions as they may think ft; and it shall be lawful for
such complainant to publish such book according to such license.
III. And it is hereby enacted, that a book of registry wherein may be Registry of copy-
registered, as hereinafter enacted, the proprietorship in the copyright of
books and assignments thereof, and licenses affecting such copyright, shall
be kept in the office of the secretary to the Government of India for the
Home Department, and shall at all convenient times be opened to the how accessible.
inspection of any person, on payment of eight annas for every entry which
shall be searched for or inspected in the said book, and that such officer
shall, whenever thereunto reasonably required, give a copy of any entry copies of entries to
in such book certified under his hand, to any person requiring the be given.
same, on payment to him of the sum of two rupees; and such copies so
certified shall be received in evidence in all courts and in all summary
Duration of copy
right.
*
ACT XX.
261
said right should be made capable for easy enforcement in every part of the
said territories:
And whereas it is doubtful whether the Act of Parliament 5 & 6 Viet,
c. 45, entitled " An Act to amend the Law of Copyright," although such
Act extend to every part of the British dominions, has made appropriate
and sufficient provisions for the enforcement in every part of the said ter-
ritories subject to the Government of the East-India Company of the
said right by proprietors thereof: and whether the said Act of Parliament
has made provision for the enforcement of the said right by or against any
persons not being subject to the jurisdiction of the courts established by
her Majesty's Charter:
I. It is therefore hereby enacted, that the copyright in every book pub-
lished in the lifetime of its author within the said territories, after the
passing of the Act of Parliament 3 & 4 Wm. IV. c. 85, entitled " An Act
for effecting an Arrangement with the East-India Company, and for the
better Government of his Majesty's Indian Territories till the 30th day of
April, 1854," shall endure for the natural life of such author, and for the
further term of seven years commencing at the time of his death, and
shall be the property of such author and his assigns: provided always,
that if the said term of seven years shall expire before the end of forty-
two years from the publication of such book, the copyright shall in that
case endure for such period of forty-two years ; and that the copyright in
every book published after the death of its author and after the passing of
the Act of Parliament last aforesaid, shall endure for the term of forty-two
years from the first publication thereof, and shall be the property of the
proprietor of the author's manuscript, from which such book shall be first
published, and his assigns.
II. And whereas it is expedient to provide against the suppression of License to republish
books of importance to the public: it is enacted, that it shall be lawful P^netor
for the Governor-General in Council, on complaint made to them that
the proprietor of the copyright in any book published after the passing of
this Act within the said territories, has, after the death of its author,
refused to republish or to allow the republication of the same, and that by
reason of such refusal such book may be withheld from the public, to grant
a license to such complainant to publish such book in such manner and
subject to such conditions as they may think ft; and it shall be lawful for
such complainant to publish such book according to such license.
III. And it is hereby enacted, that a book of registry wherein may be Registry of copy-
registered, as hereinafter enacted, the proprietorship in the copyright of
books and assignments thereof, and licenses affecting such copyright, shall
be kept in the office of the secretary to the Government of India for the
Home Department, and shall at all convenient times be opened to the how accessible.
inspection of any person, on payment of eight annas for every entry which
shall be searched for or inspected in the said book, and that such officer
shall, whenever thereunto reasonably required, give a copy of any entry copies of entries to
in such book certified under his hand, to any person requiring the be given.
same, on payment to him of the sum of two rupees; and such copies so
certified shall be received in evidence in all courts and in all summary
Duration of copy
right.
*