CO885(2-3) — Page 544

Mode of registering and iguing copy. right.

Objections to entries

in registry to be decided by Supreme Court.

Persons infringing copyright liable to darnages.

Books unlawfully printed or imported to

| right

34

stall be prima facie proof of the proprietorship or assignment of copyright as therein expressed, but subject to be rebutted by other evidence.

4. It shall be lawful for the proprietor of copyright in any book heretofore published, or in any book hereafter to be published, to make entry in the registry book aforesaid of tlie title of such book, the time of the first publication thereof, the name and place of abode of the publisher thereof, and the name and place of abode of the proprietor of the copyright of the said book, or of any portion of such copyright, upon payment to the Registrar of Deeds of the sum of tive shillings; and it shall be lawful for such registered proprietor to assign his interest or any portion of his interest therein, by making entry in the said registry book of such assignment, and of the name and place of abode of the assignee thereof, on payment of the like sum; and such assignment so entered shall be effectual in law to all intents and purposes whatsoever, without being subject to any stamp or duty, and shall be of the same force and effect as if such assignment had been made by deed or other instrument.

5. If any person shall deem himself aggrieved by any entry made under colour of this Act in the said registry book, it shall be lawful for such person to apply by motion to the Supreme Court in term time, or to any judge. of the Supreme Court in vacation, for an order that such entry may be expunged or varied, and thereupon such Court or Judge shall make such order for expunging, varying, or confirming such entry, cither with or without costs, as to such Court or Judge shall seem just; and the Registrar of Deeds shall, on the production to him of any such order for expunging or varying any such entry, expunge or vary the same accordingly.

6. If any person shall print or cause to be printed any book in which there shall be subsisting copyright without the consent in writing of the proprietor thereof, or shall import for sale from parts beyond the Colony any such book so printed in parts beyond the Colony, or, knowing such book to have been so unlawfully printed or imported, shall sell, publish, or expose for sale, or shall have in his possession for sale, any book so unlawfully printed or imported, without such consent as aforesaid, such offender shall be liable to an action for damages at the suit of the proprietor of such copyright.

7. All copies of any book wherein there shall be copyright, and of which an entry become the property of shall have been made in the said registry book, and which shall have been unlawfully proprietor of copy- printed or imported without the consent of the registered proprietor of such copyright, in writing under his hand, first obtained, shall be deemed to be the property of the pro- prietor of such copyright, and who shall be registered as such, and such registered proprietor shull, after demand thereof in writing, be entitled to demand delivery up to him of all existing copies, and to sue for and recover the same, or damages for the detention or conversion thereof, in an action against the party who shall detain the same.

Copy of every book

pušlished in Coluny to be presented to South African and Graham's Town I..brarica.

Penalty for default.

Interpretation of

Lorma

Short title,

8. A printed copy of the whole of every book which shall be published in this Colony after the passing of this Act, together with all maps, prints, or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same shall be published, shall within three months after such book shall first be sold, published, or offered for sale within this Colony, be delivered gratis on behalf of the publisher thereof to the librarian of the South African Public Library, and also to the librarian of the Graham's Town Public Library; and if any publisher of any such book shall neglect to deliver the same, pursuant to this Act, he shall for every such default forfeit a sum of five pounds sterling, to be recovered by such librarians respectively for and on behalf of the said libraries.

9. In the construction of this Act the word "book" shall be construed to mean and include every volume, part or division of a volume, pamphlet, sheet of letter-press, sheet of music, and map, chart, or plan separately published; the word "copyright" shall be construed to mean the sole and exclusive liberty of printing or otherwise multiplying copies of any book; and the word "assigns" shall be construed to mean and include every person in whom the interest of an author in copyright shall be vested, whether derived from such author before or after the publication of any book, and whether acquired by sale, donation, legacy, or by operation of law or otherwise.

10. This Act may be cited for all purposes as the "Copyright Act of 1873."

35

NATAL.

No. 16.

Lieutenant-Governor Sir B. C. C. Pine, K.C.M.G., to the Earl of Kimberley.—(Recrived April 7.)

My Lord,

Government House, Natal, February 11, 1874. WITH reference to your Lordship's Circular despatch dated 29th July last, I have the honour to inform your Lordship that, on referring the same to the Attorney-General, that officer reports that, "having perused the draft Bill inclosed in the despatch from the Right Honourable the Secretary of State, he does not see that any amendments are required in the interests of this Colony."

I have, &c.

(Signed) BENJ. C. C. PINE.

PÚBLIC RECORD OFFICE

Reference -

TC.O.885

3 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO