Right Hon. C. J. DOHERTY (Minister of Justice):
I beg to move that the amendments made by the Senate to Bill No. 12, to amend and consolidate the law relating to copyright be concurred in. They are nine in number, but I do not think that any of them materially affects the provisions of the Bill as it left this House. The first two amendments to section 13 were both necessitated by an accident that happened in the re-printing of the Bill as it came from the committee of this House. That committee had amended the section precisely as it is now amended by the Senate, but in re-printing, those two particular alterations were overlooked. Subsection 6 of section 13 dealt with the case where two or more persons made application for a license, and as the Bill was originally drafted and left this House the provision was that in such a case the license should be awarded to the applicant proposing the highest retail selling price, and if there were two applicants proposing the same retail selling price the license should be awarded to the applicant whose application was first received. The committee of this House amended that by substituting the applicant proposing terms
that in the opinion of the minister were most advantageous to the author, for it is obvious that there might be other considerations than the mere question of the highest retail selling price. That modification necessitated in the next line the same modification to make it correspond; that is, that in the case of two persons proposing terms equally advantageous to the author then the license would be awarded to the applicant whose application was first received.
The next amendment of the Senate consists in amending paragraph (a) of subsection 9 of the same section by substituting two months. The Bill as it left this House required that the licensee should within thirty days print the work for which he had a license. Their honours seem to have had information leading them to believe that that was perhaps too short a period. The change does not seem to be open to serious objection.
In paragraph (b) of the same subsection 9 the Senate has amended the Act by inserting "in such manner as may be prescribed by the minister." The subsection, in defining the obligations of the licensee in this paragraph, stated, among other obligations, the obligation to print the book from the last authorized edition in full without abbreviation, alteration, and so forth. The Senate represented that there might be conditions that ought to be imposed other than the mere requirement I have stated. This gives added protection to the author.
In section 14 the provision for the publication of serials provided that such serials might be republished here if the publication of a book is lawfully begun as a serial elsewhere than in His Majesty's Dominions or a foreign country to which section 4 of this Act applies. That was intended to include other countries of the Union, and it was suggested that if we excepted the foreign countries to which subsection 1 of section 4 applies the result intended would be produced and the provision would be made absolutely clear.
The next amendment is also to section 13; it is simply to .make clear that the proviso inserted at the end of subsection 12 applies to the entire section and not merely to that subsection. Then there is an amendment to section 18, subsection 6 paragraph (b). That subsection provided that no royalty should be payable in respect of contrivances " lawfully made before the commencement of this Act."
The Senate have amended by making the subsection read:
That no royalty shall be payable in respect of contrivancers lawfully made and sold by the manufacturer before the commencement of this Act.
The amendment seems unobjectionable. Then, on page 20, line 18 there is an amendment to section 39 of the Act, which deals with the effect of the registration or the absence of registration. The provision as it left this House was that any transfer by assignment of a license of a copyright should he void against any subsequent assignee or licensee for valuable consideration without actual notice
-"unless such assignment or license is registered in the manner directed by this Act before the registering of the instrument under which a subsequent assignee or licensee .claims.
The Senate have added to the section the following words:
-and no grantee shall maintain any action under this Act, unless his and each such prior grant has been registered."
I think that in denying action against any person for infringement their Honours of the Senate have gone further than was logical or necessary, but I do not think any serious objection is presented. I move concurrence in the amendments.
Amendments read the second time and concurred in.