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Odger's English Common Law

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COPYRIGHT. 605<br />

and fifty years after his death by the Copyright Act, 1911, 1<br />

which has repealed practically all earlier statutes dealing with<br />

the subject. 2<br />

Copyright may also exist in a dramatic or musical com-<br />

position. The author of any dramatic piece or musical com-<br />

position, 3 or his assign, has now during the life of the author<br />

and for fifty years after his death the sole liberty of repre-<br />

senting or performing such piece or composition in public and<br />

of making " any record, perforated roll, cinematograph film<br />

or other contrivance by means of which the work may be<br />

mechanically performed." i<br />

If he publishes his work as a<br />

book, he secures for himself the copyright in the book in<br />

addition to the exclusive right of representation or performance.<br />

There is also copyright in engravings and prints, which<br />

lasts for the same period. A similar copyright also exists in<br />

sculpture, models and casts, and in original paintings, draw-<br />

ings and photographs, 5 and now, under the Act of 1911, in<br />

architectural works of art. Lastly, copyright in designs,<br />

which was regulated by many former Acts, 6 is now included<br />

in the Patents and Designs Act of 1907.<br />

We must however restrict ourselves in the rest of this<br />

chapter to literary copyright.<br />

The copyright in a literary work now "means the sole<br />

right to produce or reproduce the work or any substantial<br />

part thereof in any material form whatsoever ; to perform, or<br />

in the case of a lecture to deliver, the work or any substantial<br />

part thereof in public ; if the work is unpublished, to publish<br />

the work or any substantial part thereof." It includes the<br />

sole right to produce, reproduce, perform or publish any<br />

translation of the work, 7 and in the case of a novel or other<br />

1<br />

1 & 2 Geo. V. c. 46, s. 3. And see ss. 21, 24.<br />

2 As to international copyright, see ss. 29 aDd 30 of the Act.<br />

3 As to what constitutes a dramatic piece or musical composition, see 5 & 6 Tict.<br />

c. 45, s. 42 ; Warm $ Co. v. Seebohm (1888), 39 Ch. X>. 73 ; Boosey v. Whight,<br />

[1899] 1 Ch. 836 ; [1900] 1 Ch. 122 ; Mabe v. Connor, suprd; and see the judgmentof<br />

Lord Esher, M., R., in Fullerv. Blackpool Wirifier'

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