British Kinematography (1948)

6 not be a " reproduction of the work for sale," so nobody can " muscle in " on performing rights during the whole period of protection, and the provision does not appear to apply to photographs and mechanical contrivances, and in my view kinematograph films cannot be reproduced for sale compulsorily on a royalty basis under this provision. A person adopting this course of compulsorily reproducing a work for sale on a royalty basis is not entitled to produce the work in a different form, as for example, by converting a novel into a film play. Recording Once a musical work has been mechanically recorded, or a contrivance made by means of which the work may be mechanically performed with the consent or acquiescence of the owner of the copyright, anybody is entitled to make further records or contrivances upon giving notice to the owner of the copyright and paying to him royalties at the rate of 6J% upon the ordinary retail selling price of the record or contrivance. It must be specially noted that this provision in the Act only applies to " musical works," but for the purpose of this provision, a musical work includes any words so closely associated therewith as to form part of the same work. Clearly, a kinematograph sound film is a contrivance by means of which works may be mechanically performed, and an important question that may arise, is, whether this provision would enable a sound film to be made of works which have been previously recorded on gramophone records. Formerly this question was not of importance, because sound films were not put on the market for public use and so the royalty system (which is based upon the selling price) was not applicable. But the question may become of importance with the marketing of sound films for use of the public, and it would appear that a person complying with the conditions before mentioned, i.e., the giving of notice and the payment of royalties, would be entitled to make a sound film from works which have previously been recorded on gramophone records with the consent of the owner of the copyright. And similarly, it would appear that anyone complying with the said conditions would be entitled to make gramophone records from works which have previously been reproduced by means of sound films. The person exercising this statutory licence is not entitled to make alterations in or omissions from the work reproduced unless contrivances reproducing the work subject to similar alterations and omissions have been previously made by or with the consent or acquiescence of the owner of the copyright, or unless such alterations are reasonably necessary for the adaptation of the work to the contrivance in question. It must be pointed out that this provision does not enable a person to make gramophone records or other mechanical contrivances directly or indirectly from previously made records or other mechanical contrivances. The second manufacturer must make his record independently, and not copy the first record. A record or other mechanical contrivance by means of which sounds may b£ reproduced, is itself accorded copyright under the Act, but this copyright is subject to the rights of the owner of the work which has been recorded except so far as such owner's rights are affected by the Act. The result appears to be, that a person who has manufactured records or other mechanical contrivances on the royalty system, has an implied right to authorise the use of such records or contrivances by performance, but such performance must be private, otherwise there will be an infringement, both of the performing rights in the original work and of the performing rights in the record. Assignment of Copyright A person who purchases a book or a portrait (other than one made to his