1234 ADMINISTRATION AND LEGISLATION [PART V
of a duty on the reprints for the benefit of English Copyright
owners, had ceased to have effect when the Canadian Parlia-
ment repealed the section of their Customs Act imposing the
duty, and that therefore s. 17 of the Imperial Act of 1842
still remains in force in Canada.
This case leaves it still doubtful whether or not the
Canadian Courts would hold in a suitable case that the
power of legislation given by the British North America
Act, 1867, with regard to copyright, is sufficient to override
the terms of an Imperial Act prior to that date and applying
to the Dominion.
It should be noted that the Imperial protection for works
of art is probably limited to the United Kingdom. It has
been decided as to paintings, drawings, and photographs in
the case of Graves v. Gorrie! that the Fine Arts Copyright
Act does not apply beyond the United Kingdom. The
same rule would probably apply to works of engraving
and sculpture, so that the only provision that is made
for them beyond the United Kingdom is that made by
Colonial Law. On the other hand, any literary or artistic
work first produced in a British possession obtains copy-
right in the United Kingdom under s. 8 of the International
Copyright Act, 1886.
A new importance was given to the matter by the revision
of the International Copyright Convention, carried out by
the International Conference held at Berlin in October and
November 1908.
The revised Convention, which was signed ad referendum
by the British delegates on behalf of His Majesty’s Govern-
ment, embodied certain alterations which could not be
put into force in the British Empire without a change in the
existing law. The revised Convention was examined, from
the point of view of the interests of the United Kingdom, by
a strong Departmental Committee, presided over by Lord
Gorell, which reported in December 1909 substantially in
favour of the ratification of the Convention? Before, how-
ever, any action could be taken to carry out the recommenda-
' [1903] A. C. 496. t See Parl. Pap., Cd. 4976, 5051.
