321
(4) That section shall have effect as if it formed part of the Importation and Exportation Ordi-
nance, 1915.
3.-(1.) If any person knowingly-
(a.) makes for sale or hire any infringing copy of a Penaltics
work in which copyright subsists; or
for dealing with infring- (7.) sells, or lets for hire, or by way of trade exposes ing copies,
or offers for sale or hire, any infringing copy etc.
1 & 2 Geo. 5,
of any such work: ; or (c.) distributes infringing copies of any such work 6. 46, s. 11.
either for the purposes of trade or to such an extent as to affect prejudicially the owner of a copyright;
or
(d) by way of trade exhibits in publie any infring-
ing copy of any such work; or
(e.) imports for sale or hire into the Colony any
infringing copy of any such work :
he shall be guilty of an offence under this Ordinance aud be liable on summary conviction to a fine not exceeding twenty dollars for every copy dealt with in contravention of this section, but not exceeding five hundred dollars in respect of the same transaction, or, in the ease of a second of subsequent offence, either to such fine or to imprison- inent for a term not exceeding two months.
of
(2.) If any person knowingly makes or has in his posses- sion any plate for the purpose of making infringing copies any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be guilty of an offence under this Ordinance, and be liable on summary conviction to a fine not exceeding five hundred dollars, or, in the case of a second or subse- quent offence either to such fine or to imprisonment for a term not exceeding two months.
(3.) The magistrate before whom any such proceedings are taken may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to him to be infringing copies or plates for the purpose of making infringing copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the magistrate may think fit.
Objects and Reasons.
1. The (Imperial) Copyright Act, 1911, which extends throughout His Majesty's dominions, subject as regards the self-governing dominions to the consent of the legisla- tures of those dominious, was brought into operation in this Colony on the 1st July, 1912, by a proclamation which was issued on the 28th June, 1912.
2. Section 27 of the Act gives to the legislature of any British possession to which the Act extends the power to modify or add to the provisions of the Act, within certain limits. Sub-section (7) of section 14 expressly provides that that section shall apply with the necessary modifica- tions, and section 13 provides that sections 11 and 12 of the Act, which relate to summary remedies, shall extend only to the United Kingdom. Supplementary legislation is therefore necessary here, (a) to make the necessary modifications in section 14, and (b) to provide for summary remedies.
3. Clause 2 of the bill makes the necessary modifications in section 14 of the Act. The clause is based on a skeleton enactment which is intended to be adopted in the colonies generally,
4. Clause 3 is based on section 11 of the Act.
It is not necessary to enact any section corresponding to section 12 of the Act, because a general right of appeal is given by the Magistrates Ordinance, 1890.
5. When the bill becomes law it will also be necessary to make regulations under section 14 of the Act, A draft of the proposed regulatious will be published at the same time as the bill. They are based on the regulatious made in the United Kingdom.
4th July, 1918.
J. H. KEMP,
Attorney General.