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International Copyright Act, London (1852)

Source:
Durham University Library

Citation:
International Copyright Act (1852), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org

Record Images Commentary


Record-ID:
uk_1852

Full title
International Copyright Act, 1852, 15 & 16 Vict., c.12

Full title original language
N/A

Abstract
Legislation introducing the concept of translation rights within British copyright law. Introduced to implement the obligations of the Anglo-French Copyright Convention, agreed in November 1851, this Act provided that the British monarch could, by Order in Council, provide foreign authors with the right to prevent the reproduction and performance of their literary and dramatic works in translation. The Act also introduces the first statutorily defined permitted acts within the UK, and is indicative of the increasing influence that international standards and obligations began to exert upon the content and substance of domestic copyright law.
The commentary locates the Act within the context of the two previous International Copyright Acts (see: uk_1838; uk_1844) and the Anglo-French Convention, highlighting the selective manner in which the British legislature implemented its obligations under the 1851 Convention, in particular in drawing a distinction between the reproduction of political and non-political material, as well as the difficulty that foreign authors experienced in complying with the provisions of the legislation.

Bibliography
Seville, C., The Internationalisation of Copyright Law: Books, Buccaneers and the Black Flag in the Nineteenth Century (Cambridge: Cambridge University Press, 2006)
Thompson, G.C., Remarks on the Law of Literary Property in Different Countries (London: The National Press Agency, 1883)
Sherman, B. and Bently, L., The Making of Modern Intellectual Property Law (Cambridge: Cambridge University Press, 1999)

Related documents in this database

Author
N/A

Publisher
N/A

Location
London

Year
1852

Language
English

Source
Durham University Library

Physical description
N/A

Illustrations tables
N/A

Persons referred to
George II (1683-1760)
George III (1738-1820)
Victoria (1819-1901)
William IV (1765-1837)

Persons referred to in commentary
Goulburn, Henry (1784-1856)
Halévy, Ludovic (1834-1908)
James, William Milbourne (1807-1888)
Labouchere, Henry, 1st Baron Taunton (1798-1869)
Meilhac, Henri (1831-1897)
Thompson, George Carslake (fl.1883-1886)
Thomson, Charles Poulett, 1st Baron Sydenham (1799-1841)
Victoria (1819-1901)
Webster, Benjamin (1798-1882)

Places referred to
France
Great Britain

Places referred to in commentary
America
Brighton
British Dominions
France
Germany
Great Britain
Ireland
London
Paris

Legislation referred to
Engravers' Copyright Act, 1735, 8 Geo.II, c.13
Engravers' Copyright Act, 1766, 7 Geo.III, c.38
Engravers' Copyright Act, 1777, 17 Geo.III, c.57
Copyright in Prints and Engravings (Ireland) Act, 1836, 6 & 7 Will.IV, c.59
International Copyright Act, 1844, 7 & 8 Vict., c.12
Act to amend an Act of the 7th and 8th Years of the Her present Majesty, for reducing, under certain circumstances, the Duties payable upon Books and Engravings, 9 & 10 Vict., c.58
Anglo-French Copyright Treaty 1851
International Copyright Act, 1852, 15 & 16 Vict., c.12

Legislation referred to in commentary
Statute of Anne, 1710, 8 Anne, c.19
International Copyright Act, 1838, 1 & 2 Vict., c.59
International Copyright Act, 1844, 7 & 8 Vict., c.12
Anglo-Prussian Copyright Treaty 1846
Anglo-Saxonian Copyright Treaty 1846
Anglo-French Copyright Treaty 1851
International Copyright Act, 1852, 15 & 16 Vict., c.12
Copyright Treaty between Britain and Hamburg 1853

Cases referred to
N/A

Cases referred to in commentary
Burnet v. Chetwood (1721) 2 Mer. 441
Wood v. Chart (1870) 10 Eq. 193

Institutions referred to
British Museum
Parliament

Institutions referred to in commentary
Board of Trade
British Museum
Parliament
Stationers' Company
University of Cambridge

Key words
adaptation
attribute, obligation to
books, protected subject matter
customs
dramatic works, protected subject matter
fair use
imitation
importation
international agreements, bilateral
music, protected subject matter
newspapers
public performance
registration
translation, right of
translations, protection of

Responsible editor
Ronan Deazley




Copyright status

Original document is out of copyright. In so far as these scans are protected by copyright, they are made available on the same terms as translations and commentaries (see home page).




Primary Sources on Copyright (1450-1900), Faculty of Law, University of Cambridge, 10 West Road, Cambridge CB3 9DZ, UK