1912_COPYRIGHT_ACT__1911 — Page 7

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THE COPYRIGHT ACT.

Act of 1911. accounts, and otherwise, as are or may be conferred by law for the in-

fringement of a right.

Rights of

owner

against persons

(2) The costs of all parties in any proceedings in respect of the infringement 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 copyright subsists and the plaintiff shall be presumed to be the owner of the copyright, unless the defendant puts in issue the existence of the copyright, or, as the case may be, the title of the plaintiff, and where any such question is in issue, then-

(a) if a name purporting to be that of the author of the work is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated 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 print- ed or indicated is not the author's true name 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 indicated thereon in 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 copyright in the work for the purposes of proceedings in respect of the infringement of copyright therein.

7. All infringing copies of any work in which copyright subsists, or of any substantial part thereof, and all plates used or intended to be used for the production of such infringing copies, shall be deemed to be the property of the owner of the copyright, who accordingly may take with infring- proceedings for the recovery of the possession thereof or in respect of

possessing

or dealing

ing copies,

&c.

Exemption

of innocent infringer from lia-

the conversion thereof.

8. Where proceedings are taken in respect of the infringement of the copyright in any work and the defendant in his defence alleges that he was not aware of the existence of the copyright in the work, the bility to pay plaintiff shall not be entitled to any remedy other than an injunction or damages, &c.

interdict in respect of the infringement if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for suspecting that copyright subsisted in the work.

Restriction

9.—(1) Where the construction of a building or other structure which on remedies infringes or which, if completed, would infringe the copyright in some architecture. other work has been commenced, the owner of the copyright shall not be