1420
Recovery of pecuniary penalties. [25 & 26 Vict. c. 68 s. 8.]
No. 17 of 1901.
FINE ARTS COPYRIGHT.
painting, drawing, or photograph, or negative of a photograph, whether there is subsisting copyright therein or not, as having been made or executed by the author or maker of the original work from which such copy or imitation has been taken.
(2) Where the author or maker of any painting, drawing, or photograph, or negative of a photograph, made either before or after the commencement of this Ordinance, has sold or otherwise parted with the possession of such work, if any alteration is afterwards made therein by any other person, by addition or otherwise, no person shall be at liberty, during the life of the author or maker of such work, without his consent, to make, or knowingly to sell or publish or offer for sale, such work or any copies of such work so altered as aforesaid, or of any part thereof, as or for the unaltered work of such author or maker.
(3) Every offender under this section shall forfeit to the person aggrieved a sum not exceeding 100 dollars or not exceeding double the full price, if any, at which all such copies, engravings, imitations, or altered works have been sold or offered for sale; and further all such copies, engravings, imitations, or altered works shall be forfeited to the person, or the assigns or legal representatives of the person, whose name, initials, or monograms is or are so fraudulently signed or affixed thereto or to whom such spurious or altered work is so fraudulently or falsely ascribed as aforesaid : Provided always that the penalties imposed by this section shall not be incurred unless the person whose name, initials, or monogram is or are so fraudulently signed or affixed, or to whom such spurious or altered work is so fraudulently or falsely ascribed as aforesaid, has been living at, or within 20 years next before, the time when the offence may have been committed.
9. All pecuniary penalties which are incurred, and all such unlawful copies, imitations, and all other effects and things which are forfeited, by offenders, pursuant to this Ordinance, may be recovered by the person hereinbefore empowered to recover the same, either by action in the Supreme Court against the party offending or by summary proceedings before a Magistrate.
[ss. 10, 11, 12 and 13, rep. No. 24 of 1912 s. 2.]
No. 18 of 1901, repealed by No. 8 of 1912 s. 12.
No. 19 of 1901, repealed by No. 31 of 1911 s. 50.
1420
Recovery of pecuniary penalties. [25 & 26 Vict. c. 68 s. 8.]
No. 17 of 1901.
FINE ARTS COPYRIGHT.
painting, drawing, or photograph, or negative of a photograph, whether there is subsisting copyright therein or not, as having been made or executed by the author or maker of the original work from which such copy or imitation has been taken.
(2) Where the author or maker of any painting, drawing, or photograph, or negative of a photograph, made either before or after the commencement of this Ordinance, has sold or otherwise parted with the possesion of such work, if any alteration is after- wards made therein by any other person, by addition or otherwise, no person shall be at liberty, during the life of the author or maker of such work, without his consent, to make, or knowingly to sell or publish or offer for sale, such work or any copies of such work so altered as aforesaid, or of any part thereof, as or for the unaltered work of such author or maker.
(3) Every offender under this section shall forfeit to the person aggrieved a sum not exceeding 100 dollars or not exceeding double the full price, if any, at which all such copies, engravings, imitations, or altered works have been sold or offered for sale; and further all such copies, engravings, imitations, or altered works shall be forfeited to the person, or the assigns or legal represen- tatives of the person, whose name, initals, or monograms is or are so fraudulently signed or affixed thereto or to whom such spurious or altered work is so fraudulently or falsely ascribed as aforesaid : Provided always that the penalties imposed by this section shall not be incurred unless the person whose name, initials, or monogram is or are so fraudulently signed or affixed, or to whom such spurious or altered work is so fraudulently or falsely ascribed as aforesaid, has been living at, or within 20 years next before, the time when the offence may have been committed.
9. All pecuniary penalties which are incurred, and all such unlawful copies, imitations, and all other effects and things which are forfeited, by offenders, pursuant to this Ordinance, may be recovered by the person hereinbefore empowered to recover the same, either by action in the Supreme Court against the party offending or by summary proceedings before a Magistrate.
[ss. 10, 11, 12 and 13, rep. No. 24 of 1912 s. 2.]
No. 18 of 1901, repealed by No. 8 of 1912 s. 12.
No. 19 of 1901, repealed by No. 31 of 1911 s. 50.
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