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published after the commencement of this Act, if published within the United Kingdom, must be delivered by the copyright owner within one month of publication to the Registrar, who shall thereupon give a receipt for the same.
16. Any copyright owner may also re-register in his own name at any time Re-registraany work on payment of one shilling, and delivery where required by this Act of five copies or of one copy of the work to be registered to the Registrar.
17. Any copyright owner may at any time require from the Registrar an Certified additional Certified Copy of the Registrar's memorandum of receipt on pay- copy of ment of a fee of five shillings. receipt. 18. A certified copy of the Registrar's memorandum of receipt shall be Registrar's prima facie evidence of the first publication and due registration of the work, receipt and of the title to the copyright therein.
prima facie evidence.
19. No owner of the copyright of a work first published in the United No proceedKingdom shall be entitled to take or maintain any proceedings, or to recover ings till after any penalty in respect of any infringement of his copyright, until it has been registration. registered, if required by this Act.
20. The penalty for not registering or not registering and depositing copies Penalties for in compliance with this Act shall not be less than forty shillings nor more ing. than twenty pounds, and may be recovered on summary conviction, in manner provided by the Summary Jurisdiction Act, but no copyright owner shall be liable for default of registration by any preceding owner.
21. The Registrar shall also keep a register of transfers of ownership of Registration copyright, and any copyright owner may, after the copyright is registered, of transfers. have the transfer thereof registered therein on payment of a fee of five shillings; and may also require from the Registrar a Certificate of Ownership thereof on payment of a further fee of five shillings, and such certificate shall be primâ facie evidence of the ownership of the said work.
22. Wilfully making a false entry, or causing one to be made in the False entry. Register of Copyrights or Register of Transfers, shall be a misdemeanour, and be punishable accordingly.
of an en
23. No owner of an engraving, etching, photograph, or lithograph published Each copy separately, or of any model, cast or copy of any sculpture, or any similar work, graving, &c. shall have copyright therein unless every published copy thereof has on it the to have the word "registered," and the name and address of the inventor, designer, or "registered," maker, or proprietor thereof, and the year of its first publication.
&c. on it.
24. No owner of a lithographic or photographic negative or similar work Registration need deposit or register it unless he desires to maintain his copyright therein. of lithoNon-compliance with the terms of registration prescribed by this Act, in the graphs and case of such lithographic or photographic negative or similar work, shall be deemed a ceding to the public of the copyright thereof.
25. The forms of registration required by this Act shall be prescribed by the Board of Trade.
26. Any person who infringes copyright or any of the rights given by this Penalties. Act in any work
by printing; or by modelling, drawing, painting, engraving, photograph-
or by publishing or importing, or by selling, or exposing publicly or for
Penalties for selling copies, &c.
able imitation is imported or made without the consent of the owner; or by wilfully importing into the United Kingdom copyright books reproduced in any British possession under arrangement with the copyright owner without the said owner's sanction in writing, after due notice of the existence of the copyright therein has been given to Her Majesty's Customs under the Customs Consolidation Act, 1876; or by translating, dramatizing, or abridging it;
or by making extracts therefrom in such a manner as to inflict loss on the owner of the copyright;
or by reducing the score, or by arranging or adapting the air or melody of any dramatic piece for other purposes than that to which it was first applied by the author;
or by delivering or publicly performing it (except in the case of songs); or by causing any of these acts to be done, may be restrained by injunction or otherwise as the Court may think fit, and shall forfeit to the owner of the copyright all plates, whether of steel, copper, zinc, stereotype, or electrotype, or of other material, or illustrations whether on wood, or steel, or copper, or stone or zinc, or of any other kind, and all casts therefrom or fac-similes thereof, and all materials specially belonging to the said copyright work, and all copies of works or parts of works in his possession or control, and also be liable for such damages, not less than £50, as the Court may award.
27. Any person who infringes copyright in any work by selling it, or exposing it publicly or for sale, or letting it for hire, or in the case of a song reserved by notice by publicly performing it, shall be restrained by injunction or otherwise as the Court may think fit, and shall also forfeit all copies in his possession or control to the owner of the copyright, and shall be liable for such damages as the Court may award; but no copyright owner shall have the right to sue for any penalty for public performance of any song first published after the commencement of this Act, unless he shall print, or cause to be printed, upon the title-page of every published copy thereof a notice that the right of public performance is reserved.
28. Any person fraudulently representing any work of fine art to be wholly or in part the work of a person who is not its author, inventor, designer, or any work of maker, in any way by which such representation can be conveyed, or knowingly selling, publishing, or exhibiting such a work, may be restrained by injunction or otherwise, as the Court may think fit, and shall upon conviction forfeit to the person aggrieved such a sum, not exceeding £10, as the Court may award, and all fraudulent copies of the said work in his possession or control.
of fines or damages.
29. If any person elsewhere than at his own house, shop, or place of business shall hawk, carry about, offer, or keep for sale or hire any unlawful copy, repetition, or imitation of any work, wherein there is copyright under this Act, every such unlawful copy, repetition, or imitation may be seized without warrant by the owner of the copyright, or by any peace officer or other person authorised by him in writing, and forthwith taken before any person having jurisdiction under the Summary Jurisdiction Act, and upon proof that such copy, repetition, or imitation was unlawfully made, it shall be forfeited and delivered up to the owner of the copyright as his property.
30. Fines or damages incurred under this Act may be recovered on summary conviction, in manner provided by the Summary Jurisdiction Act, if the amount does not exceed fifty pounds, or by action for any amount what
31. No action or summary proceedings for infringement of this Act shall of action. be commenced after two years from the arising of the cause of action.
32. Copyright shall be deemed personal property and be capable of assign- Copyright ment or transmission by bequest or operation of law. personal property.
33. No right, interest, or remedy acquired under any other Act, or Treaty, No right, or Order in Council, shall be taken away by this Act in the case of works &c., taken published before the passing of this Act, notwithstanding the repeal of the away by Act giving such right, interest, or remedy, except that the owner of the copy- except of right of any song published before the passing of this Act shall only recover songs, &c. the value of any actual damage or loss he may have sustained from its unlawful performance.
34. The copyright subsisting in works published before the commencement Extension of of this Act shall endure for the term limited by the enactments existing to works copyright before the passing of this Act, or for the term fixed by this Act, whichever is published the longer, and the copyright owner shall for any extension of copyright under this Act be entitled to all the rights and remedies given by this Act; this Act. but when the copyright owner is an assignee for other consideration than natural love and affection, he must, to obtain the benefits of any extension of copyright under this Act, get the consent in writing before the expiration of the original term of copyright of the author, inventor, designer, or maker, or his personal representatives, to accept the provisions of this Act, and must register the said consent at the office of the registrar of copyrights, in the manner required by the registrar, within one month of obtaining the same. 35. The author of any article in a periodical shall at all times have the Author of an same right as the owner of the periodical to prevent its unauthorized republication.
36. Any one of the rights of copyright acquired under this Act may be Rights may assigned or transmitted separately and its transfer registered, and the owner be assigned, of such right may sue for infringement thereof as if he were the owner of the separately. entire copyright conferred by this Act.
Copyright in the British Possessions.
37. If by any law or ordinance made after the commencement of this Act British by the Legislature of any British possession satisfactory provision, with suit- possessions able penalties, is made for carrying clauses 5 to 7 of this Act, or any may legismodifi- late. cation thereof satisfactory to Her Majesty, into effect within such possession, Her Majesty may by Order in Council suspend the operation within such British possession of this Act, or of any part thereof.
38. All rights and remedies to which a person may be entitled in any Remedies British possession under this Act shall be in addition to, and not in deroga- Act. tion of, any rights or remedies to which he may be entitled under the law of that possession.
orders to be
39. After the commencement of this Act, no Order in Council shall be No further made under the powers conferred upon Her Majesty by "The International made except Copyright Act," passed in the seventh year of her reign (7 Vict. c. 12), and to revoke by" An Act to extend and explain the International Copyright Acts," passed existing in the fifteenth and sixteenth years of Her Majesty's reign (15 & 16 Vict. c. 12), except to revoke any Orders in Council made under the aforesaid Acts, and no order so issued shall affect any right, interest, or remedy acquired before its issue.
40. It shall be lawful for Her Majesty by Order in Council to assent to or Council may join in any copyright treaty or convention with any Foreign State or States,
of Order in
of ditto in British
or to direct that any work and any translation of any book or dramatic piece published and having copyright in any Foreign State or States named in the said Order, shall have copyright in the British Dominions or any part thereof as defined in such Order, but not for a term exceeding the term of copyright granted under this Act to any work copyright under it throughout the British dominions, and also to revoke any such Order, but only in such a manner as not to affect any right, interest, or remedy acquired before such revocation;
Provided that Her Majesty shall, by treaty, convention, or otherwise, have secured in the said Foreign State or States, or be satisfied that due provision has been made by the said State or States for securing, such copyright for all or any works or translations of books possessing copyright under this Act as may appear satisfactory to Her Majesty.
41. Any Order in Council made under this Act shall be forthwith published in the London Gazette, and shall after such publication be deemed to have been duly made, and shall also be laid before both Houses of Parliament within six weeks after it is made, or, if Parliament is not then sitting, within six weeks after the commencement of the next session of Parliament.
42. A copy of every Order in Council made under this Act shall be forwarded as soon as may be after it is made to the Governor of every British Possessions. Possession, and be duly published by him in the manner usual for the publication of Orders in Council in such possession.
Protection on Order
43. On such an Order in Council being made, the protection remedies and being made. penalties for infringement of such copyright afforded and imposed by Sections and of this Act, shall apply to every such work or translation of a book as if it had been first published within the British Dominions.
Repeal of Statutes.
44. The Acts specified in the following Schedule are hereby repealed as from the commencement of this Act: 8 Geo. 2, c. 13; 7 Geo. 3, c, 38; 15 Geo. 3, c. 53; 17 Geo. 3, c. 57; 54 Geo. 3, c. 56; 3 Will. 4, c. 15; 5 & 6 Will. 4, c. 65; 6 & 7 Will, 4, c. 59; 5 & 6 Vict. c. 45; 7 Vict. c. 12; 15 & 16 Vict. c. 12; 25 & 26 Vict. c. 68; 38 Vict. c. 12; 45 & 46 Vict. c. 40.
Abridgment of Books.—The Commissioners recommend that "no abridgment of copyright works should be allowed during the term of copyright, without the consent of the owner of the copyright."
Immoral, Irreligious, Seditious, and Libellous Works.-The Commissioners say, "The subject really belongs more properly to the Criminal Law than to the law relating to copyright, and therefore do not make any suggestions with regard to it."
The present law is
No copyright can exist in anything in which copyright would otherwise exist if it is immoral, irreligious, seditious, or libellous, or if it professes to be what it is not, in such a manner as to be a fraud upon the purchasers thereof.
Lectures.-The Commissioners "think that the author's copyright should extend to prevent re-delivery of a lecture without leave as well as publication by printing, though this prohibition as to re-delivery should not extend to lectures which have been printed and published." They also "recommend that the term of copyright in lectures should be the same as in books, namely, the life of the author, and thirty years after his death." Publication in newspapers is allowed, but the author's copyright is not to be prejudiced thereby, and the author to have control so as to prevent such publication if he wishes to do so. He will be presumed to give such permission unless," before or at the time when the lecture is delivered, he gives notice that he prohibits reporting."
The present law is
The author of any lecture, or his assign, has by statute the sole right of publishing any lecture, of the delivery of which notice in writing has been given to two justices living within five miles from the place where such lecture is delivered two days at least before it is delivered, unless such lecture is delivered in any university, public school, or college, or on any public foundation, or by any person in virtue of or according to any gift, endowment, or foundation.
The author of any lecture has [probably] at common law the same right as by statute, without giving such notice as is required by statute, but he cannot recover the penalties provided by the Act and specified in Article 35, for an infringement of his copyright. The penalty for pirating is forfeiture of all copies printed and one penny for every copy thereof found in the pirate's custody. See also New Bill, Appendix III.
Newspapers.—It is suggested that in any future legislation, conflicting legal decisions "may be remedied by defining what parts of a newspaper may be considered copyright, by distinguishing between announcements of facts and communications of a literary character."
Fine Arts.—It is proposed "that the term of copyright for all works of Fine Art, other than photographs, shall be the same as for books, music, and the drama, viz., life of the artist, and thirty years after his death." Sculpture. The Commissioners "are disposed to think that every form of copy, whether by sculpture, modelling, photography, drawing, engraving, or otherwise, should be included in the protection of copyright."