PART V.--INFRINGEMENT OF COPYRIGHT

{Sidenote: Infringement}

45. _Infringement of rights under Act._--If any person infringes any

right conferred by this Act in respect of the right in a book, the

performing right in dramatic or musical work, the lecturing right in a

lecture, or the copyright in an artistic work, the owner of the right

infringed may maintain an action for damages or penalties or profits,

and for an injunction, or for any of those remedies.

{Sidenote: Damages under performing or lecturing right}

46. _Damages in case of performing right or lecturing right._--In

assessing the damages in respect of the infringement of the performing

right in a dramatic or musical work or the lecturing right in a lecture,

regard shall be had to the amount of profit made by the infringer by

reason of the infringement, and to the amount of actual damage incurred

by the owner of the performing or lecturing right.

{Sidenote: Objection to title}

47. _Notice of objection to title._--The plaintiff in any action for the

infringement of a right conferred by this Act shall be presumed to be

the owner of the right which he claims, unless the defendant in his

pleadings in defence pleads that the defendant disputes the title of the

plaintiff, and states the grounds on which the plea is founded, and the

name of the person, if any, whom the defendant alleges to be the owner

of the right.

{Sidenote: Limitation of actions}

48. _Limitation of actions._ (_Cf. 5-6 Vict. c. 45, s. 26._)--No action

for any infringement of copyright, performing right, or lecturing right

under this Act shall be maintainable unless it is commenced within two

years next after the infringement is committed.

{Sidenote: Property in pirated works}

49. _Property in pirated books or artistic work._--All pirated books and

all pirated artistic works shall be deemed to be the property of the

owner of the copyright in the book or work and may, together with the

plates, blocks, stone, matrix, negative, or thing, if any, from which

they are printed or made, be recovered by him by action or other lawful

method.

{Sidenote: Penalties}

50. _Penalties for dealing with pirated books._--If any person--

(_a_) sells, or lets for hire, or exposes offers or keeps for sale

or hire, any pirated book or any pirated artistic work; or

(_b_) distributes, or exhibits in public, any pirated book or any

pirated artistic work; or

(_c_) imports into Australia any pirated book or any pirated

artistic work,

he shall be guilty of an offence against this Act, and shall be liable

to a penalty not exceeding Five pounds for each copy of such pirated

book or pirated artistic work dealt with in contravention of this

section, and also to forfeit to the owner of the copyright every such

copy so dealt with, and also to forfeit the plates, blocks, stone,

matrix, negative, or thing, if any, from which the pirated book or

pirated artistic work was printed or made.

Provided that the whole penalties inflicted on any one offender in

respect of the same transaction shall not exceed Fifty pounds.

Provided also that no person shall be convicted of an offence under this

section if he proves to the satisfaction of the court at the hearing

that he did not know, and could not with reasonable care have

ascertained, that the book was a pirated book or the work was a pirated

artistic work.

{Sidenote: Liability as to theatre}

51. _Liability in respect of use of theatre._--Where a dramatic or

musical work is performed in a theatre or other place in infringement of

the performing right of the owner of that right, the proprietor tenant

or occupier who permitted the theatre or place to be used for the

performance shall be deemed to have infringed the performing right and

shall be guilty of an offence against this Act, and shall be liable to a

penalty not exceeding Five pounds for each such offence and the court

may, in addition to the penalty, order the defendant to pay to the owner

of the performing right in respect of each such infringement a sum by

way of damages to the amount of Ten pounds, or to such amount as the

court deems equal to the profits made by the performance of the work,

whichever sum is greater.

Provided that no person shall be convicted of an offence under this

section if he proves to the satisfaction of the court at the hearing

that he did not know and could not with reasonable care have ascertained

that the dramatic or musical work was performed in infringement of the

performing right of the owner of that right.

{Sidenote: Search warrant and seizure}

52. _Search warrant and seizure of pirated copies._--(1.) A justice of

the peace may upon the application of the owner of the copyright in any

book or in any artistic work or of the agent of such owner appointed in

writing:--

(_a_) If satisfied by evidence that there is reasonable ground for

believing that pirated books or pirated artistic works are being

sold, or offered for sale--issue a warrant, in accordance with the

form prescribed, authorising any constable to seize the pirated

books or pirated artistic works and to bring them before a court of

summary jurisdiction.

(_b_) If satisfied by evidence that there is reasonable ground for

believing that pirated books or pirated artistic works are to be

found in any house, shop, or other place--issue a warrant, in

accordance with the form prescribed, authorising any constable to

search between sunrise and sunset, the place where the pirated

books are supposed to be, and to seize and bring them or any books

or artistic works reasonably suspected to be pirated books or

pirated artistic works before a court of summary jurisdiction.

(2.) A court of summary jurisdiction may, on proof that any books or

artistic works brought before it in pursuance of this section are

pirated books or pirated artistic works, order them to be destroyed or

to be delivered up, subject to such conditions, if any, as the court

thinks fit, to the owner of the copyright in the book or artistic work.

{Sidenote: Delivery up of pirated works}

53. _Power of owner of copyright to require delivery to him of pirated

books and works._--

(1.) The owner of the copyright in any book or artistic work, or the

agent of such owner appointed in writing, may by notice, in accordance

with the prescribed form, require any person to deliver up to him any

pirated reproduction of the book or work, and every person to whom such

notice has been given, and who has any pirated reproduction of the book

or work in his possession or power, shall deliver up the pirated

reproduction of the book or work in accordance with the notice.

Penalty: Ten Pounds.

(2.) A person shall not give any notice in accordance with this section

without just cause.

Penalty: Twenty pounds.

(3.) In any prosecution under subsection (2) of this section the

defendant shall be deemed to have given the notice without just cause

unless he proves, to the satisfaction of the court at the hearing, that

at the time of giving the notice he was the owner of the copyright in

the book or artistic work or was the agent of such owner appointed in

writing, and had reasonable ground to believe that the person to whom

the notice was given had pirated reproductions of the book or work in

his possession or power.

{Sidenote: Power to forbid performance}

54.--_Power of owner of performing right to forbid performance in

infringement of his right._--(1.) The owner of the performing right in a

musical or dramatic work, or the agent of the owner appointed in

writing, may, by notice in writing in accordance with the prescribed

form, forbid the performance of the musical or dramatic work in

infringement of his right, and require any person to refrain from

performing or taking part in the performance of the musical or dramatic

work, and every person to whom a notice has been given in accordance

with this section shall refrain from performing or taking part in the

performance of the musical or dramatic work specified in the notice in

infringement of the performing right of such owner.

Penalty: Ten pounds.

(2.) A person shall not give any notice in pursuance of this section

without just cause.

Penalty: Twenty pounds.

(3.) In any prosecution under subsection (2) of this section, the

defendant shall be deemed to have given the notice without just cause

unless he proves, to the satisfaction of the court at the hearing, that

at the time of giving the notice he was the owner of the performing

right in the musical or dramatic work, or the agent of the owner

appointed in writing, and had reasonable ground to believe that the

person to whom the notice was given was about to perform or take part in

the performance of the musical or dramatic work in infringement of the

performing right of the owner.

{Sidenote: False representations}

55. _Penalty for false representations in notices._--Any person, who in

any notice given in pursuance of this Act, makes a representation, which

is false in fact and which he knows to be false or does not believe to

be true, that he is

(_a_) the owner of the copyright in any book or artistic work, or

(_b_) the owner of the performing right in a musical or dramatic

work, or

(_c_) the agent of any such owner,

shall be guilty of an offence against this Act.

Penalty: Two years' imprisonment.

{Sidenote: Request to police}

56. _Request to police to seize pirated books and works._--

(1.) The owner of the copyright in any book or artistic work or the

agent of such owner appointed in writing may, in accordance with the

prescribed form, request that any pirated reproductions of the book or

work be seized by the police, and may lodge the request at any police

station.

(2.) Any police constable in the town or district in which the police

station is situated (whether in the service of the Commonwealth or a

State), may, at any time in the day time within seven days after the

request was so lodged, seize all pirated reproductions of the book or

work mentioned in the notice, and all reproductions of the book or work

which he has reasonable ground to believe are pirated reproductions,

found by him in the possession of any person other than the owner of the

copyright in the book or work.

(3.) Every police constable who seizes any books or works in pursuance

of this section shall forthwith bring all such books or works before a

court of summary jurisdiction.

(4.) A court of summary jurisdiction may, on the application of any

person interested, make such order for the disposal of the books or

works as he thinks just.

(5.) A person shall not lodge any request at any police station in

accordance with this section without just cause.

Penalty: Twenty pounds.

(6.) In any prosecution under subsection (5) of this section the

defendant shall be deemed to have lodged the request without just cause

unless he proves, to the satisfaction of the court at the hearing, that

at the time of lodging the request he was the owner of the copyright in

the book or artistic work, or was the agent of such owner appointed in

writing and had reasonable ground to believe that pirated reproductions

of the book or work were being unlawfully sold, or let for hire, or

exposed or offered or kept for sale or hire, or distributed, or

exhibited in public, in the town or district in which the police station

is situated.

{Sidenote: Application of penalties}

57. _Application of penalties._--Where proceedings for any penalty under

this Act are instituted by the owner of the copyright in any book or in

any artistic work or by the owner of the artistic work, the penalty

shall be paid to him by way of compensation for the injury he has

sustained. In any other case the penalty shall be paid to the

Consolidated Revenue Fund.

{Sidenote: Aiders and abettors}

58. _Aiders and abettors._--Whoever aids, abets, counsels, or procures,

or by act or omission is in any way, directly or indirectly, knowingly

concerned in the commission of any offence against this Act, shall be

deemed to have committed that offence, and shall be punishable

accordingly.

{Sidenote: Limitation in court of summary jurisdiction}

59. _Limitation of actions in court of summary

jurisdiction._--Proceedings may be instituted in any court of summary

jurisdiction for the recovery of any penalty under this Act, but no such

proceedings shall be instituted after the expiration of six months from

the date of the offence in respect of which the penalty is imposed.

{Sidenote: Appeal}

60. _Appeal from courts of summary jurisdiction._--An appeal shall lie

from any conviction or order (including any dismissal of any

information, complaint, or application) of a court of summary

jurisdiction, exercising jurisdiction with respect to any offence or

matter under this Act, to the court and in the manner and time provided

by the law of the State in which the proceedings were instituted in the

case of appeals from courts of summary jurisdiction in that State.

{Sidenote: Importation of pirated works}

61. _Importation of pirated works._--(1.) The following goods are

prohibited to be imported:--

(_a_) All pirated books in which copyright is subsisting in

Australia (whether under this Act or otherwise), and

(_b_) All pirated artistic works in which copyright is subsisting

in Australia (whether under this Act or otherwise).

(2.) All pirated books and pirated artistic works imported into

Australia contrary to this section shall be forfeited and may be seized

by any officer of Customs.

(3.) Subject to this Act the provisions of the Customs Act, 1901, shall

apply to the seizure and forfeiture of pirated books and artistic works

under this section to the same extent as if they were prohibited imports

under that Act.

(4.) The provisions of this section shall not apply to any book or

artistic work unless the owner of the copyright therein or his agent has

given written notice to the Minister of the existence of the copyright

and of its term.

(5.) A notice given to the Commissioners of Customs of the United

Kingdom, by the owner of the copyright or his agent, of the existence of

the copyright in a book or artistic work and of its term, and

communicated by the said Commissioners to the Minister shall be deemed

to have been given by the owner to the Minister.

Copyright: Its History and Its Law · 第 4 / 10 章