APRIL 1.]

Regulations under the Copyright Act, 1913, relating to Copyright.

LIVERPOOL, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this twenty-seventh day of March, 1914.

Present:

THE HONOURABLE W. FRASER PRESIDING IN COUNCIL.

IN pursuance and exercise of the power and authority conferred on him by the Copyright Act, 1913, His Excellency the Governor of the Dominion of New Zealand, acting by and with the advice and consent of the Executive Council of the said Dominion, doth hereby make the following regulations under the said Act; and doth hereby declare that this Order in Council shall come into force on the first day of April, nineteen hundred and fourteen.

THE COPYRIGHT REGULATIONS, 1913.

I. THESE regulations may be cited as the Copyright Regulations, 1913.

2. These regulations are divided into parts, as follows:—

Part I.—General.

Part II.—Royalty System (General).

Part III.—Royalty System (Mechanical Musical Contrivances).

PART I.—GENERAL.

3. In these regulations—

“The Act” means the Copyright Act, 1913:

“Journal” means the Patent Office Journal.

“Mechanical musical contrivances” means records, perforated rolls, and other contrivances by means of which sounds may be mechanically reproduced: “Published work” means work which is printed and issued to the public:

“Unpublished work” means work which has not been printed and issued to the public.

4. All letters relating to the Act or these regulations should be addressed to “The Registrar of Copyright, Wellington.”

5. (1.) The several fees specified in the First Schedule hereto shall be payable in respect of the matters severally referred to therein.

(2.) Except in the case of fees remitted from outside New Zealand, which may be sent by money-order made payable to the Registrar of Copyright, Wellington, all fees must be paid in stamps, which must be affixed uncancelled or un-defaced in any way to the documents in respect of which such fees are payable.

6. Where any fee is payable in respect of any act or document the Registrar may refuse to permit or perform the act, or to receive or issue the document, as the case requires, until the fee payable is paid.

7. (1.) Where in these regulations any form is referred to the reference is to the appropriate form in the Second Schedule.

(2.) The forms contained in the Second Schedule may, as far as they are applicable, be used in any proceeding under the Act or these regulations to which they are appropriate.

8. As regards proceedings not specifically provided for in the forms in the Second Schedule any appropriate form will be accepted.

9. The office shall be open to the public every week-day except Saturday between the hours of 10 a.m. and 1 p.m. and from 2 p.m. till 4 p.m., and on Saturday between the hours of 10 a.m. and noon, except on the days following:—

The days from Good Friday to Easter Tuesday, both inclusive; the days from Christmas Eve to the 3rd January, both inclusive; the birthday of the reigning Sovereign; the birthday of His Royal Highness the Prince of Wales; and any other day observed by the Government as a public holiday.

10. Every application for the registration of copyright or performing-right must be left at or sent to the Copyright Office, and may be sent by prepaid letter through the post, and must in every case be accompanied by the prescribed fee.

11. Every application for the registration of copyright or performing-right must be signed by all applicants.

12. An application for the registration of copyright in a published literary, dramatic, musical, or artistic work may be in accordance with Forms A, Al, A2, or A3, as the case requires.

13. An application for the registration of copyright in an unpublished literary, dramatic, musical, or artistic work may be in accordance with Form B.

14. An application for the registration of copyright in a photograph may be in accordance with Forms C or Cl, as the case requires.

15. An application for the registration of copyright in a published mechanical musical contrivance may be in accordance with Form D.

16. An application for the registration of copyright in an unpublished mechanical musical contrivance may be in accordance with Form E.

17. An application for the registration of the sole right to perform or authorize the performance of a musical or dramatic work may be in accordance with Form F, and shall be accompanied by a copy of the work.

18. An application for the registration of copyright in an unpublished dramatic work, consisting of a choreographic work or entertainment in dumb show, must be accompanied by a description thereof, typewritten, or else written in a fair legible hand on one side only of the paper, and with no inter-lineations or erasures.

19. Any variation in the arrangement or acting form of a choreographic work or entertainment in dumb show must be made the subject of a separate application for copyright registration.

20. An application for the registration of copyright in an unpublished dramatic work consisting of a cinematograph production must be accompanied by a description of the work, preferably typewritten, and by a photograph taken from each scene represented. If after registration the work is printed or reproduced for sale a complete copy of the work must be filed, and, if the Registrar so desires, an amended description thereof.

21. An application for the registration of copyright in an unpublished work, other than a work specified in Regulations Nos. 18 and 20, must be accompanied by a copy of the work.

22. The title of a literary work should be given exactly as on the title-page of the book or on the work, and the other particulars required to be specified should be exactly as indicated in the work itself.

23. An application for the registration of copyright in a published book must be accompanied by a copy of the book, with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the books are published, and bound, sewed, or stitched together, and on the best paper on which the book is printed.

24. An application for the registration of copyright in an artistic work must be accompanied by a copy thereof or a representation of it.

25. An application for the registration of copyright in an interchangeable part of a mechanical instrument for mechanically reproducing musical works must be accompanied by the disc, cylinder, or music-roll by means of which the music is reproduced.

26. Where an application for registration of copyright is made by a person other than the author of the work he shall in his application trace his title from the author, and shall attach to his application each assignment or instrument by virtue of which he derives his title, with an attested copy thereof.

27. In the case of new editions of works containing material additions or alterations either in the letterpress or in the maps, prints, or other engravings belonging thereto, application for copyright registration may be made in respect of the new edition as if it were an independent work.

28. If it is desired to register the words only of a song the application should be made out for a literary work; if it is desired to register both words and music application should be made for a musical work.

29. In the case of music published in different editions arranged for different instruments application for copyright registration may be made for each arrangement.

30. In the case of engravings, photographs, or other artistic works published with variations, application for copyright registration may be made for each variety, and should be so worded as to closely differentiate the different issues.

31. (1.) When any person becomes entitled to any registered copyright or performing-right by virtue of an assignment or transmission, or to any interest therein, a request for the entry of his name in the register may be left at or sent by post to the Copyright Office.

(2.) The request may be in accordance with Form I or Form J, as the case requires, and shall be made and signed by the person claiming to be registered as owner or licensee, or by his agent, and shall be accompanied by the deed or document upon which he bases his request for registration.

(3.) An attested copy of every deed and document affecting the ownership of the copyright or performing-right, or of any license thereunder, shall accompany the request.

(4.) The Registrar, if satisfied with the request, shall register the assignment, transmission, or license by entering particulars thereof in the proper register.

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