Duration of Copyright
It repealed the former Copyright Acts, and provided that in future the copyright of every book published in the lifetime of its author would endure for the remainder of the author's life and for a further seven years after their death. If this period was less than forty-two years from the first publication, then the copyright would persist for a full forty-two years regardless of the date of their death. Any work published after the author's death would remain the copyright of the owner of the manuscript for the same forty-two year period.
Where copyright already existed in a work under earlier legislation, it was to be extended to that provided for by the new act, except that if the copyright had been sold it would lapse at the end of the present term of copyright, unless an extension was agreed to by both the proprietor and the author. This ensured that authors would have the opportunity to be compensated for the fact that rights they had sold some years previously, possibly for a fixed sum, had become substantially more valuable.
In an early form of a compulsory license, the Privy Council was given the authority to authorize the republication of any book which the proprietor refused to publish after the death of the author.
Copyright in encyclopedias, magazines, periodicals, and series works was to be vested in the proprietors as though they were themselves the authors, saving that essays, articles, &c. first published as part of a collected periodical work, the republication right was to revert to the original author after twenty-eight years and continue for the remainder of the term.
The Act extended to dramatic works, previously covered by the Dramatic Copyright Act 1833, and to their "right of representation" which was to have the same term as copyright. The copyright and the right of representation of a dramatic work could be assigned separately. The Act also extended to musical works, and extended the provisions of the 1833 Act to cover such works.
Copyrights were declared to be personal property, and thus capable of bequest.
Read more about this topic: Copyright Act 1842
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—Blaise Pascal (1623–1662)
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