{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.