APPENDIX A II 
Between 1842 and 1847 the conditions of the publishing trade in 
Great Britain rendered the publication of comparatively expensive 
editions the rule. The principal demand for books came through the 
cireulating libraries and these were not numerous. This condition in 
the absence of any international arrangement with the United States led 
to the reprinting in that country of English books in a cheap form, with- 
out as a rule any compensation to the authors or the holders of the Eng- 
lish copyrights. The existence of cheap reprints of English books on 
the other side of the line and the impossibility of importing them into 
the British North American provinces without breaking the law, led to 
demands on the part of the provinces that some arrangement might be 
made by which cheap editions might be procured for them as well as for 
the United States. The law of copyright as understood at that time, 
prevented an English publisher from assigning any part of his copyright 
without assigning the whole of it; and thus even though the Canadian 
publishers had been willing to purchase the right to produce cheap 
editions of English books suitable for the colonial market, they could not 
have done so.! This grievance was pressed strongly upon the British 
Government, and in 1847, the Colonial Copyright Act (10 and 11 Vict. 
c. 96) was passed. By this Act, the Queen was authorized to allow by 
order-in-council the introduction of foreign reprints of English books 
into any colony which provided for the payment of a certain royalty to 
the author. The Act was passed to meet the special case of Canada; 
but nineteen colonies availed themselves of its provisions. During the 
ten years subsequent to the passing of the Act Canada paid about $5,000 
in royalties, while the remaining colonies paid about $350, seven of them 
paying nothing at all? 
In 1865 there was passed the Colonial Laws Validity Act (28 and 
29 Vict. c. 63) which declared to be void any Act of a colonial legislature 
which was repugnant to any Act of the Imperial Parliament. 
In 1867 the British North America Act in Section 91, specifies 
copyright among the subjects which are to be within the exclusive legis- 
lative authority of the Parliament of Canada, as distinguished from the 
Provincial Legislatures.* 
Meanwhile the operation of the Colonial Copyright Act of 1847, 
known as the Foreign Reprints Act, had resulted in widespread dissatis- 

a 
1 See opinion of Lord St. Leonards, ‘‘ Jeffreys v. Boosey,” IV., H. of L. Repts., p. 
815. This opinion has, however, been overruled. 
2 Report of Copyright Commission, 1876, quoted in Report of Departmental Re- 
presentatives (of the Colonial Office, etc.) appointed to consider the Canadian Copy- 
right Act of 1889. Correspondence, etc., Ottawa, 1896, p. 1281. 
STD. 
