British Kinematography (1948)

There are cases, however, in which the author is not the first owner of the copyright, and one of these is where certain works are executed on commission. If the plate or other original of an engraving, photograph or portrait is ordered and made for valuable consideration, in pursuance of the order, then, in the absence of agreement to the contrary, the person giving the order, and not the author of the work, is the first owner of the copyright therein. But if a person who asks for a photograph to be taken belongs to the class of person whom photographers are accustomed to photograph without payment, e.g., actresses, then there may be no implied promise to pay, and the copyright would belong to the photographer. If, on the other hand, a person is photographed at the invitation of the photographer, the copyright belongs to the photographer, even though the sitter pays for some copies, and the sitter cannot restrain publication of the photograph unless the publication is defamatory. Further, the copyright in a snapshot will belong to the owner of the negative, for the reason that it has not been ordered for valuable consideration, and the person who has been snapshotted cannot object to publication of the snapshot. Another case in which the author is not the first owner of the copyright is where the author of the work is in the employment of another, under a contract of service or apprenticeship, and the work is made in the course of his employment by that other person, then the employer is, in the absence of any agreement to the contrary, the first owner of the copyright. Term of Copyright The term of copyright in photographs, photo-lithographs and any works produced by any process analagous to photography, is 50 years from the making of the original negative, and it does not make any difference whether the photograph be published or unpublished. The term of copyright in records, perforated rolls and other contrivances by means of which sounds may be mechanically produced, is 50 years from the making of the original plate from which the contrivance was derived. In the case of literary, dramatic, musical or artistic works, the period is the lifetime of the author, composer or artist, and 50 years after his death. In the case of literary, dramatic or musical works and engravings which have not been performed or published, or in the case of a lecture, delivered in the lifetime of the author, the period is up to and 50 years after the first publication, performance or delivery in public. This does not apply to photographs, because copyright in them runs from the making of the negative whether published or not. Nor does it apply to artistic works (other than engravings) because copyright in them comes to an end 50 years after the artist's death, whether published or not. In the case of joint authors or composers, the term is the lifetime of the first to die and 50 years after his death, or the lifetime of the author or composer who dies last, whichever is the longer. The Royalty system of Reproduction Twenty-five years after the death of the author of a published work (or thirty years where copyright existed before 1911) anybody is entitled to reproduce the work for sale, provided he gives notice in writing of his intention so to do, and pays to the owner of the copyright 10% royalty on the price at which he publishes the work. This applies only to published works, meaning where copies have been issued to the public, so it does not apply to musical or dramatical works which have only been performed in public, but which have not been published by the issue of copies to the public. This provision does not give any right to perform in public a musical or dramatic work which has previously been published or performed, because that would