Copyright: Its History and Its Law Part 66

18. The Minister may at any time in like manner, by order under his hand, suspend or revoke such prohibition upon importation if it is proved to his satisfaction that--

(_a_) the license to reproduce in Canada has terminated or expired; or,

(_b_) the reasonable demand for the book in Canada is not sufficiently met without importation; or,

(_c_) the book is not, having regard to the demand therefor in Canada, being suitably printed or published; or,

(_d_) any other state of things exists on account of which it is not in the public interest to further prohibit importation.

{Sidenote: Licensee to furnish copy of any edition if required}

19. At any time after the importation of a book has been so prohibited, any person resident or being in Canada may apply either directly or through a bookseller or other agent, to the person so licensed to reproduce such book, for a copy of any edition of such book then on sale and reasonably obtainable in the United Kingdom or any other part of His Majesty's dominions and it shall thereupon be the duty of the person so licensed, as soon as reasonably may be, to import and sell such copy to the person so applying therefor, at the ordinary selling price of such copy in the United Kingdom, or such other part of His Majesty's dominions, with the duty and reasonable forwarding charges added.

{Sidenote: Otherwise prohibition may be revoked}

(2.) The failure or neglect, without lawful excuse, of the person so licensed to supply such copy within a reasonable time shall be a reason for which the Minister may, if he sees fit, suspend or revoke the prohibition upon importation.

{Sidenote: Customs notified of prohibition}

20. The Minister shall forthwith inform the Department of Customs of any order made by him under this Act.

{Sidenote: Unlawful importation of books}

{Sidenote: Forfeiture}

{Sidenote: Penalty}

21. All books imported in contravention of any order, prohibiting such importation, made under the hand of the Minister, by the authority of this Act, may be seized by an officer of Customs, and shall be forfeited to the Crown and destroyed; and any person importing, or causing or permitting the importation of any book in contravention of an order of the Minister shall, for each offence, be liable, upon summary conviction, to a penalty not exceeding one hundred dollars.

REGISTRATION

{Sidenote: Registers of copyrights}

22. The Minister shall cause to be kept, at the Department, books to be called the Registers of Copyrights, in which shall be entered the names or t.i.tles of works and the names of authors, and such other particulars as may be prescribed.

{Sidenote: Registration of particulars of work}

(2.) The author or publisher of, or the owner of or other person interested in the copyright in, any work shall cause the particulars respecting the work to be entered in the register, before publication thereof or the performance or delivery thereof in public.

{Sidenote: Registration of serial publications}

(3.) In the case of an encyclopaedia, newspaper, review, magazine or other periodical work, or work published in a series of books or parts, it shall not be necessary to make a separate entry for each number or part, but a single entry for the whole work shall suffice.

{Sidenote: Indexes of registers}

(4.) There shall also be kept at the Department such indexes of the registers established under this section as may be prescribed.

{Sidenote: Registers and indexes in prescribed forms}

{Sidenote: Certified copies of entries}

(5.) The registers and indexes established under this section shall be in the prescribed form, and shall at all reasonable times be open to inspection, and any person shall be ent.i.tled to take copies of or make extracts from any such register, and the Minister shall, if so required, give a copy of an entry in any such register certified by him to be a true copy, and any such certificate shall be prima facie evidence of the matters thereby certified.

{Sidenote: Fees}

(6.) There shall be charged in respect of entries in registers the inspection of registers, taking copies of or making extracts from registers, and certificates under this section, the fees hereinafter prescribed.

{Sidenote: Prior registrations}

(7.) Any registration made under _The Copyright Act_ shall have the same force and effect as if made under this Act.

{Sidenote: Registration of temporary copyright in periodical works}

23. Any literary work intended to be published in pamphlet or book form, but which is first published in separate articles in a newspaper or periodical in Canada, may be registered under this Act while it is so preliminarily published as a temporary copyright, if the t.i.tle of the ma.n.u.script and a short a.n.a.lysis of the work are deposited at the Department with an application for registration in accordance with the prescribed form, and if every separate article so published is preceded by the words, "Registered in accordance with the Copyright Act, 1911:"

Provided that the work, when published in book or pamphlet form, shall be subject, also, to the other requirements of this Act.

{Sidenote: Anonymous publications}

24. If a book is published anonymously, it shall be sufficient to enter it in the name of the first publisher thereof, either on behalf of the unnamed author or on behalf of such first publisher, as the case may be.

{Sidenote: Application for registration}

25. The application for the registration of a copyright or of a temporary copyright may be made in the name of the author or of his legal representatives, by any person purporting to be agent of such author or legal representatives.

{Sidenote: Unauthorized a.s.sumption of agency}

(2.) Any damage caused by a fraudulent or an erroneous a.s.sumption of such authority shall be recoverable in any court of competent jurisdiction.

{Sidenote: Deposit of application and copies of work in Department}

26. Application for registration of a copyright shall be made in accordance with the prescribed form, and shall be deposited at the Department together with three copies of the work if it is a book, map, chart, musical composition, photograph, print, cut or engraving, and with a written description thereof if the work is a painting, drawing or a work of sculpture, and with one complete typewritten copy thereof if the work is a dramatic work copies of which are not published.

{Sidenote: Weekly list of registered works}

{Sidenote: Copies transmitted and retained}

27. The Minister shall cause to be transmitted to the Library of the Parliament of Canada and to the British Museum a weekly list of all works registered under this Act together with one copy of each work deposited at the Department: Provided that the Minister may retain at the Department such copies of deposited works as appear in his opinion proper, but a copy of any work so retained shall be transmitted to the Library of Parliament of Canada or to the British Museum upon receipt of a demand in writing from the proper authority, such demand to be received by the Minister within six months after the date of registration of the work. Any copy of a work retained by the Minister as to which no demand is received within the time limited shall be returned to the owner of the copyright, or otherwise disposed of as to the Minister seems proper.

SPECIAL PROVISIONS AS TO CERTAIN WORKS

{Sidenote: Copyright in posthumous works}

28. In the case of a literary, dramatic or musical work or engraving which has not been published, nor, in the case of a dramatic or musical work been performed in public, nor, in the case of a lecture, been delivered in public, in the lifetime of the author, copyright shall, subject to the provisions of this Act as to first publication elsewhere than in Canada, subsist till publication, or performance or delivery in public, whichever may first happen, and for a term of fifty years thereafter.

{Sidenote: Works of joint authors}