I have received a reply from my correspondents in Montreal, in regard to the question what constitutes a "domicile" in Canada for the, purposes of procuring a copyright- They incline to the belief that it must be something more than a temporary residence, and quote from the Statute Laws of Canada what a domicile in held to mean, that is to say a "legal domicile".
"The place where one has one's principal establishment" "Change of domicile is effected by actual residence in another place, coupled with the intention of the person to make it the seat of his principal establishment" "Proof of such intention results from the declaration of the person and the circumstances of the case" I was rather started by the views taken by these very respectable Barristers, and have in consequence looked up the law. (English Law) - on the subject, and believe these gentleman are in Error.
I find by the English decisions that copyright will vest in the work of a foreign author provided he be anywhere within the British dominions on the day his work in published in the United Kingdom.
That is to say if you are actually in Canada on the day your work is first published -offered or exposed for sale - in England Scotland Ireland & Wales. the United Kingdom-then copyright will vest in you. It is not necessary that the work shall be printed in the United Kingdom. But published there - that is offered for sale.-
I find on reference to the Canadian Laws it is necessary that the work shall be printed there, as well as published. in order therefore to give you complete protection. as I understand the decisions and the statutory provisions it will be necessary for you to follow this course.
Have your work printed in Canada, and in the United States; after complying with the statutory requirements that are first to be taken, in the U.S. by sending title to the Librarian of Congress, and two copies after publication within 10 days, in Canada by depositing two copies with or in the office of the Minister of Agriculture, and in England by registration in the Hall of the Stationers Company.
And then have the book offered for sale simultaneously in England Canada and the United States - that is to say "published" on the same day in such of said Countries. and on that day. when it is published you must be actually, in propria persona, residing in Canada -
Whether or not you would have complete protection in Canada. without publication in England at the same time, so as to prevent piratical copies printed in England from being sold in Canada. I am somewhat in doubt, although I incline to the belief that you would be protected.
I shall write again to my correspondents in Montreal citing the English cases, and I presume they will then change their views-
They will give you all necessary aid when you go to Montreal.
I fear you will find this letter somewhat prolix but it was unavoidable