Copyright: Its History and Its Law Part 61

SECOND SCHEDULE.

ENACTMENTS REPEALED.

------------------+----------------------------+------------------------- SESSION AND SHORT t.i.tLE. EXTENT OF REPEAL.

CHAPTER. ------------------+----------------------------+------------------------- 8 Geo. 2. c. 13. The Engraving Copyright The whole Act.

Act, 1734. 7 Geo. 3. c. 38. The Engraving Copyright The whole Act.

Act, 1767. 15 Geo. 3. c. 53. The Copyright Act, 1775. The whole Act.

17 Geo. 3. c. 57. The Prints Copyright Act, The whole Act.

1777. 54 Geo. 3. c. 56. The Sculpture Copyright The whole Act.

Act, 1814. 3 & 4 Will. 4. c. The Dramatic Copyright The whole Act.

15. Act, 1833. 5 & 6 Will. 4. c. The Lectures Copyright The whole Act.

65. Act, 1835. 6 & 7 Will. 4. c. The Prints and Engravings The whole Act.

59. Copyright (Ireland) Act, 1836. 6 & 7 Will. 4. The Copyright Act, 1836. The whole Act.

c. 110. 5 & 6 Vict. c. The Copyright Act, 1842. The whole Act.

45. 7 & 8 Vict. c. The International Copy- The whole Act.

12. right Act, 1844. 10 & 11 Vict. c. The Colonial Copyright The whole Act.

95. Act, 1847. 15 & 16 Vict. c. The International Copy- The whole Act.

12. right Act, 1852. 25 & 26 Vict. The Fine Arts Copyright Sections one to six. In c. 68. Act, 1862. section eight the words "and pursuant to any Act for the protection of copy- right engravings."

Sections nine to twelve.

38 & 39 Vict. The International Copy- The whole Act.

c. 12. right Act, 1875. 39 & 40 Vict. The Customs Consolidation Section forty-two, from c. 36. Act, 1876. "Books wherein" to "such copyright will expire." Sections forty-four, forty-five and one hundred and fifty-two.

45 & 46 Vict. The Copyright (Musical The whole Act.

c. 40. Compositions) Act, 1882. 49 & 50 Vict. The International Copy- The whole Act.

c. 33. right Act, 1886. 51 & 52 Vict. The Copyright (Musical The whole Act.

c. 17. Compositions) Act, 1888. 52 & 53 Vict. The Revenue Act, 1889. Section one, from c. 42. "Books first pub- lished" to "as pro- vided in that sec- tion."

6 Edw. 7. c. The Musical Copyright In section three the 36. Act, 1906. words "and which has been registered in ac- cordance with the provisions of the Copyright Act, 1842, or of the Internation- al Copyright Act, 1844, which registra- tion may be effected notwithstanding anything in the Inter- national Copyright Act, 1886."

_6a._ FINE ARTS COPYRIGHT ACT, 1862

[_Unrepealed Sections_]

(25 & 26 VICTORIA, CHAPTER 68)

{Sidenote: Penalties on fraudulent Productions and Sales}

VII. No Person shall do or cause to be done any or either of the following Acts; that is to say,

First, no Person shall fraudulently sign or otherwise affix, or fraudulently cause to be signed or otherwise affixed, to or upon any Painting, Drawing, or Photograph, or the Negative thereof, any Name, Initials, or Monogram:

Secondly, no Person shall fraudulently sell, publish, exhibit, or dispose of, or offer for Sale, Exhibition, or Distribution, any Painting, Drawing, or Photograph, or Negative of a Photograph, having thereon the Name, Initials, or Monogram of a Person who did not execute or make such Work:

Thirdly, no Person shall fraudulently utter, dispose of, or put off, or cause to be uttered or disposed of, any Copy or colourable Imitation of any Painting, Drawing, or Photograph, or Negative of a Photograph, whether there shall be subsisting Copyright therein or not, as having been made or executed by the Author or Maker of the original Work from which such Copy or Imitation shall have been taken:

Fourthly, where the Author or Maker of any Painting, Drawing, or Photograph, or Negative of a Photograph, made either before or after the pa.s.sing of this Act, shall have sold or otherwise parted with the Possession of such Work, if any Alteration shall afterwards be made therein by any other Person, by Addition or otherwise, no Person shall be at liberty, during the Life of the Author or Maker of such Work, without his Consent, to make or knowingly to sell or publish, or offer for Sale, such Work or any Copies of such Work so altered as aforesaid, or of any Part thereof, as or for the unaltered Work of such Author or Maker:

{Sidenote: Penalties}

Every Offender under this Section shall, upon Conviction, forfeit to the Person aggrieved a Sum not exceeding Ten Pounds, or not exceeding double the full Price, if any, at which all such Copies, Engravings, Imitations, or altered Works shall have been sold or offered for Sale; and all such Copies, Engravings, Imitations, or altered Works shall be forfeited to the Person, or the a.s.signs or legal Representatives of the Person, whose Name, Initials, or Monogram shall be so fraudulently signed or affixed thereto, or to whom such spurious or altered Work shall be so fraudulently or falsely ascribed as aforesaid: Provided always, that the Penalties imposed by this Section shall not be incurred unless the Person whose Name, Initials, or Monogram shall be so fraudulently signed or affixed, or to whom such spurious or altered Work shall be so fraudulently or falsely ascribed as aforesaid, shall have been living at or within Twenty Years next before the Time when the Offence may have been committed.

{Sidenote: Recovery of pecuniary Penalties}

VIII. All pecuniary Penalties which shall be incurred, and all such unlawful Copies, Imitations, and all other Effects and Things as shall have been forfeited by Offenders, pursuant to this Act, may be recovered by the Person hereinbefore and in any such Acts as aforesaid empowered to recover the same respectively, and hereinafter called the Complainant or the Complainer, as follows:

{Sidenote: In England and Ireland}

In England and Ireland, either by Action against the Party offending, or by summary Proceeding before any Two Justices having Jurisdiction where the Party offending resides:

{Sidenote: In Scotland}

In Scotland by Action before the Court of Session in ordinary Form, or by summary Action before the Sheriff of the County where the Offence may be committed or the Offender resides, and any Judgment so to be p.r.o.nounced by the Sheriff in such summary Application shall be final and conclusive, and not subject to Review by Suspension, Reduction, or otherwise.

_6b._ MUSICAL (SUMMARY PROCEEDINGS) COPYRIGHT ACT, 1902

[_Unrepealed_]

(2 EDWARD VII., CHAPTER 15)

AN ACT TO AMEND THE LAW RELATING TO MUSICAL COPYRIGHT. [22d JULY, 1902.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament a.s.sembled, and by the authority of the same, as follows:

{Sidenote: Seizure, etc.; of pirated copies}

1. A court of summary jurisdiction, upon the application of the owner of the copyright in any musical work, may act as follows: If satisfied by evidence that there is reasonable ground for believing that pirated copies of such musical work are being hawked, carried about, sold, or offered for sale, may, by order, authorize a constable to seize such copies without warrant and to bring them before the court, and the court, on proof that the copies are pirated, may order them to be destroyed or to be delivered up to the owner of the copyright if he makes application for that delivery.

{Sidenote: Power to seize copies on hawkers}

2. If any person shall hawk, carry about, sell or offer for sale any pirated copy of any musical work, every such pirated copy may be seized by any constable without warrant, on the request in writing of the apparent owner of the copyright in such work, or of his agent thereto authorised in writing, and at the risk of such owner.

On seizure of any such copies, they shall be conveyed by such constable before a court of summary jurisdiction, and, on proof that they are infringements of copyright, shall be forfeited or destroyed, or otherwise dealt with as the court may think fit.

{Sidenote: Definitions}

3. "Musical copyright" means the exclusive right of the owner of such copyright under the Copyright Acts in force for the time being to do or to authorise another person to do all or any of the following things in respect of a musical work:

(1) To make copies by writing or otherwise of such musical work.

(2) To abridge such musical work.

(3) To make any new adaptation, arrangement, or setting of such musical work, or of the melody thereof, in any notation or system.

"Musical work" means any combination of melody and harmony, or either of them, printed, reduced to writing or otherwise graphically produced or reproduced.

"Pirated musical work" means any musical work written, printed, or otherwise reproduced, without the consent lawfully given by the owner of the copyright in such musical work.