1006
Recovery of fines or damages.
Limitation of action.
THE HONGKONG GOVERNMENT GAZETTE, 30TH OCTOBER, 1886.
Copyright personal property.
No right, &c.,
Act, except of
songs, &c.
30. Fines or damages incurred under this Act may be recovered on summary con- viction, in manner provided by the Summary Jurisdiction Act, if the amount does not exceed 50%, or by action for any amount whatsoever.
31. No action or summary proceedings for infringement of this Act shall be com menced after two years from the arising of the cause of action.
Miscellaneous.
32. Copyright shall be deemed personal property and be capable of assignment or transmission by bequest or operation of law.
*
33. No right, interest, or remedy acquired under any other Act, or Treaty, or taken away by this Order in Council, shall be taken away by this Act in the case of works published before the passing of this Act, notwithstanding the repeal of the Act giving such right, interest, or remedy, except that the owner of the performing right of any song published before the passing of this Act shall only recover the value of any actual damage or loss he may have sustained from its unlawful performance.
Extension of
copyright to works published before the passing of this Act.
Author of an article may sue on
infringement. Rights may be
assigned separately.
British possessions may legislate.
Remedies under this Act.
No further Orders
to revoke existing Orders.
34. The copyright subsisting in works published before the commencement of this Act shall endure for the term limited by the enactments existing before the passing of this Act, or for the term fixed by this Act, whichever is 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; 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 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 assigned or transmitted separately, and its tansfer registered, and the owner of such right may sue for infringement thereof as if he were the owner of the 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 by the Legislature of any British possession satisfactory provision, with suitable penalties, is made for carrying clauses 5 to 7 of this Act, or any modification 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
British any possession under this Act shall be in addition to, and not in derogation of, any rights or remedies to which he may be entitled under the law of that possession.
International Copyright.
39. After the commencement of this Act, no Order in Council shall be made under to be made except the powers conferred upon Her Majesty by "The International Copyright Act," passed in the seventh year of her reign (7 Vict., cap. 12), and by "An Act to extend and explain the International Copyright Acts," passed in the fifteenth and sixteenth years of Her Majesty's reign (15 and 16 Vict., cap. 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.
Order in Council
to foreign works.
40. It shall be lawful for Her Majesty by Order in Council to assent to any Copy-: may grant copyright right Treaty or Convention with any foreign State or States, or to direct that
work any and any translation of any book or dramatic piece published and having copyright in any foreign State named in the said Order, shall have copyright in the British domi- nions or any part thereof as defined in such Order, but not for a term exceeding the term of copyright granted by 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 be satisfied that due provision has been made by the said State or States for securing, such copyright for all er any works or translations of books possessing copyright under this Act as may appear satisfactory to Her Majesty.
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