4
licances.
Provided that at any time after the expiration of twenty-five years, or in the cuse of a work in which copyright subsists at the passing of this Act thirty years, from the death of the author of a published work, o pyright in the work shall not he deemed to be infringed by the reproduction of the work for sale if tl
the person reproducing the work proves that he has given the prescribed notice in writing of his intention to reproduce the work, and that he has paid in the prescribed manner to, or for the benefit of the owner of the copyright royalties in respect of all copies of the work sold by him calculated at the rate of ten per cent. on the price at which he publishes the work; and, for the purposes of this proviso, the Board of Trade may make regulations prescribing the unite in which notices are to be given, and the particulare to be given in such notices, and the mode, time, and frequency of the payment of royalties, incluling (if they think fit) regulations requiring payment in advance or otherwise secaring the payment of royalties.
Compulsory 4. If at any time after the death of the author of a literary, dramatic, or musical work which has been published or performed in public a complaint is made to the Judicial Committee of the Privy Council thar the owner of the copyright in the work Ins refused to republish or to allow the republication of the work or has refused to allow the performance in public of the work, and that by reason of such refusal the work is withhell from the, public, the owner of the copyright may be ordered to grant a licence to reproduce the work or perform the work in public, as the case may be, on such terms sai subject to sach conditions as the Judicial Committes may think fit.
Awnership
5-(1) Subject to the provisions of this Act, the author of a work shall be
of copright the first owner of the copyright therein
to.
Provided that
(a) where, in the case of an engriving, photograph, or portrait, the plate or other original was ordered by some other person and was made for valuable consideration in pursues of that order, then, in the absence of woy agreement to the contrary, the person hy wlum such plate or other original was ordered shall be the first owner of the copyright; and
(6), where the author was in the employment of some other person under a mutruet of service or apprenticeship and the work was toale in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, bit where the work is an article or other contribution to a newe- paper, maguzine, or similar periodical, there shail, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, other- wise than as part of a newspaper, inagazine, or similar periodical. (2) The owner of the copyright in any work may assign the richt, either wholly or partially, and either generally or subject to limitations to the United Kingdom or any self-governing dominion or other part of Iis Majesty's domi nions to which thus Act extends, aut either for the whole term of the copyright or for any part thereof, and may grant any interest in the right by licence, but no such assigument or grant shall be valid unless it is in writing signed by the owner of the right to respect of which the assignment or grant is made, or by his duly authorised agent:
Provided that, where the unthor of a work is the first owner of the copyright therein, to assignment of the copyright, and uo grant of any interest thereit, made by bim (otherwise than by will) after the passing of this Act, shall be operative to vest in the assignce or grautee any rights with respect to the copyright in the work beyond the expiration of twenty-five years from the death of the wuthor, and the raversionary interest in the copyright expectant on the termination, of that period shall, on the death of the author, notwithstanding any agreement to the contrary, devolve on his legal personal representatives as part of his estate," an any agreement entered into by bim as to the disposition of such reversionary interest shall be null and void, but nothing in this proviso shall be construed as applying to the assignment of the copyright in a collective work or a licence to publish a work or part of a work as part of a collective work,
(3) Where, under any partial assignment of copyright, the assign u becomes entitled to any right comprised in copyright, the assignee as respects the right so assigned, and the assignor as respects the rights nor assigned, shall be treatet for the purposes of this Act as the owner of the copyright, and the provisions of this Act shall have effect accordingly.
Clad „Renteles.
Hes for
6-(1) Where copyright in any work Ins been infringed, the owner of the Sivilce copyright will, except as otherwise provided by this Act, be entitled to all such infringement remedies by way of injunction or interdiet, damages, necointe, and otherwise, as of copyright, are or may be conferred by law for the infringement of a right.
(2) The costs of all parties in any proceedings in respect of the infringe- ment of copyright shall be in the absolute discretion of the Court,
(3) In any action for infringement of copyright in any work, the work shall be presumed to be a work in which e gyright subsists pul the plaintiff shall be presumed to be the owner of the copyright, unless the defends at pats in issue the existence of the copyright, or, as the case may be, the title of the plaintiff, and where any sach question is in issue, then-
(z) if a mung purporting to be that of the author of the work is printed or otherwise indicated dereon in the ustad mammer, the person whose name is so prin el or inlicated shall, unless the contrary is proved, be presumed to be the author of the work;
(b) if no name is so printed or indicated, or if the name so printed or inlientel is nút the unthor's true nama or the name by which he is commonly known, and a name purporting to be that of the publisher or proprietor of the work is printed or otherwise in- dicated thereon ki the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the owner of the spyrigle in the work for the purposes of proceedings in respect of the infringement of copy- right therein.
44. 4.
7. All infringing copies of any work in which copyright subsist, or of any Rights of substantial part thereof, and all plates used or intended to be used for the produs per tiam o' anch'infringing copes, shall be derned to be the property of the owner of perma the copyright, who coordingly may take proceedings for the recovery of the plug possession thereof or in respect of the conversion thereof.
or den Int with intring. ing ooples, 蕊心
S. Whore proceedings are taken in respect of the infringement of the cupy Exemption right in any work and the defendunt in his defence alleges that he was not aware of insect of the existence of the copyright in the work, the plaintiff shall not be entitled to from In- any romely other than an injunction or interlict in respect of the infringement if bility to pay the defendant proves that at the date of the infringement he was not aware and had no reasonable groun | for suspecting that copyright subsisted in the work.
Infruer
longca
Restriction
in tbo case ul architectuto.
9.-(1) Whare the construction of a building or other structure which in- fringes or which, if en mul ted, would infringe the copyright in some other work replie has been comia-nce), the owner of the copyright shab nor be entitle ! to obrain an injunction or interlict to restrain the construction of such building or structure or to order its demolition.
(3) Such of the other provisions of this Act as provide that as infringing copy of a work shal be deemed to be the property of the owner of the copyright, or as impose summary penalties, shall not apply in any case to which this section applies.
of actions.
10. An action in respect of infringement of copyright shall not be cominenced Limitation after the expiration of three years next after the infringement.
Summary Remedies.
11.-(1) If any person knowingly.
Funalties for Lealing with
copies, &c.
(4) makes for sale or hire any infringing copy of a work in which copy- istringing
right subsists; or