May 25, 1921 (13th Parliament, 5th Session)


Mr. H. M. MO WAT@Parkdal'e

The committee, I may
say, fully considered the representations of the different interests-the Canadian Authors' Association and the English Authors' Association, called the Incorporated Society of Authors, Playrights, Composers, and others. I think I can say that the committee gave every possible consideration to what was advanced by the contending parties, and that it regards the Bill as now reprinted as the safe course between the two, if any great difference

does exist, which I very much doubt. The trouble in Canada has been that under the present Copyright Act one of the conditions for the obtaining of copyrights is that the work in question shall be printed in Canada. Section 6 of the present law, Revised Statutes, chapter 62, section 5, says:
The condition for obtaining such copyright shall be that the said literary, scientific or artistic works shall be printed and published or reprinted and republished in Canada.
This was felt by the authors to he a hardship, and it may be that with a continuance of the clause requiring printing in Canada in that definite way, we would not be able to take advantage of our participation in the Berne Convention, which was arrived at on the part of the principal civilized countries of the world in 1886 and again, in what is known as the Revised Berne Convention, in 1908. We now have a Bill which protects each interest as far as possible. Instead of providing that the works shall he published in Canada-a provision which the printer, publisher and book-binder wants, and which he has hitherto in draft Bills succeeded in getting-we have substituted a license provision, requiring, not that the author shall state his intention of not printing in Canada as in the original draft of the Bill, but that if he does not so print then a license can be granted to any applicant upon giving sufficient royalty to the author. The author, therefore, is protected.
Then this Bill contains a provision which has hitherto been absent from our law, namely, that the Canadian author of a song or a piece of music, who has not had copyright in Canada and who has, therefore, had a legitimate grievance against his country, is now protected to the extent of 2 cents for each record, or 4 cents, if the record is printed on both sides. We have done away with the objection which manufacturers of records or discs had, that they might have to pay in another country if discs were exported. We have drawn the Bill so that only the 2 cents is to be collected as a condition of manufacturing.

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