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Penalties on fraudulent Productions

and Sales

6a. FINE ARTS COPYRIGHT ACT, 1862

[Unrepealed Sections]

(25 & 26 VICTORIA, CHAPTER 68)

VII. No Person shall do or cause to be done any or either of the following Acts; that is to say,

First, no Person shall fraudulently sign or otherwise
affix, or fraudulently cause to be signed or other-
wise affixed, to or upon any Painting, Drawing, or
Photograph, or the Negative thereof, any Name,
Initials, or Monogram:

Secondly, no Person shall fraudulently sell, publish,
exhibit, or dispose of, or offer for Sale, Exhibition,
or Distribution, any Painting, Drawing, or Photo-
graph, or Negative of a Photograph, having thereon
the Name, Initials, or Monogram of a Person who
did not execute or make such Work:
Thirdly, no Person shall fraudulently utter, dispose
of, or put off, or cause to be uttered or disposed of,
any Copy or colourable Imitation of any Painting,
Drawing, or Photograph, or Negative of a Photo-
graph, whether there shall be 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 shall have been
taken:

Fourthly, where the Author or Maker of any Painting,

Drawing, or Photograph, or Negative of a Photograph, made either before or after the passing of this Act, shall have sold or otherwise parted with the Possession of such Work, if any Alteration shall afterwards be 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:

Every Offender under this Section shall, upon Convic- Penalties tion, forfeit to the Person aggrieved a Sum not exceeding Ten Pounds, or not exceeding double the full Price, if any, at which all such Copies, Engravings, Imitations, or altered Works shall have been sold or offered for Sale; and 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 Monogram shall be so fraudulently signed or affixed thereto, or to whom such spurious or altered Work shall be 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 shall be so fraudulently signed or affixed, or to whom such spurious or altered Work shall be so fraudulently or falsely ascribed as aforesaid, shall have been living at or within Twenty Years next before the Time when the Offence may have been committed.

Penalties

VIII. All pecuniary Penalties which shall be incurred, Recovery of and all such unlawful Copies, Imitations, and all other pecuniary Effects and Things as shall have been forfeited by Offenders, pursuant to this Act, may be recovered by the Person herein-before and in any such Acts as aforesaid empowered to recover the same respectively, and herein-after called the Complainant or the Complainer, as follows:

In England and Ireland, either by Action against the In England Party offending, or by summary Proceeding before and Ireland any Two Justices having Jurisdiction where the

Party offending resides:

In Scotland by Action before the Court of Session in In Scotland
ordinary Form, or by summary Action before the
Sheriff of the County where the Offence may be
committed or the Offender resides, and any Judg-
ment so to be pronounced by the Sheriff in such
summary Application shall be final and conclusive,
and not subject to Review by Suspension, Reduc-
tion, or otherwise.

Seizure, etc., of pirated copies

Power to

on hawkers

6b. MUSICAL (SUMMARY PROCEEDINGS) COPYRIGHT ACT, 1902

[Unrepealed]

(2 EDWARD VII., CHAPTER 15)

AN ACT TO AMEND THE LAW RELATING TO MUSICAL
COPYRIGHT. [22d JULY, 1902.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. A court of summary jurisdiction, upon the application of the owner of the copyright in any musical work, may act as follows: If satisfied by evidence that there is reasonable ground for believing that pirated copies of such musical work are being hawked, carried about, sold, or offered for sale, may, by order, authorize a constable to seize such copies without warrant and to bring them before the court, and the court, on proof that the copies are pirated, may order them to be destroyed or to be delivered up to the owner of the copyright if he makes application for that delivery.

2. If any person shall hawk, carry about, sell or offer for seize copies sale any pirated copy of any musical work, every such pirated copy may be seized by any constable without warrant, on the request in writing of the apparent owner of the copyright in such work, or of his agent thereto authorised in writing, and at the risk of such owner.

Definitions

On seizure of any such copies, they shall be conveyed by such constable before a court of summary jurisdiction, and, on proof that they are infringements of copyright, shall be forfeited or destroyed, or otherwise dealt with as the court may think fit.

3. "Musical copyright" means the exclusive right of the owner of such copyright under the Copyright Acts in force for the time being to do or to authorise another person to

do all or any of the following things in respect of a musical work:

(1) To make copies by writing or otherwise of such musical work.

(2) To abridge such musical work.

(3) To make any new adaptation, arrangement, or setting of such musical work, or of the melody thereof, in any notation or system.

"Musical work" means any combination of melody and harmony, or either of them, printed, reduced to writing or otherwise graphically produced or reproduced.

"Pirated musical work" means any musical work written, printed, or otherwise reproduced, without the consent lawfully given by the owner of the copyright in such musical work.

4. This Act may be cited as The Musical (Summary Short title Proceedings) Copyright Act, 1902, and shall come into and comoperation on the first day of October one thousand nine mencement hundred and two, and shall apply only to the United

Kingdom.

A. D. 1906

Penalty for being in possession of pirated music

Constable may take

without warrant

6c. MUSICAL COPYRIGHT ACT, 1906

[Unrepealed]

(6 EDWARD VII., CHAPTER 36)

AN ACT TO AMEND THE LAW RELATING TO MUSICAL
COPYRIGHT. [4TH AUGUST, 1906.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. (1) Every person who prints, reproduces, or sells, or exposes, offers, or has in his possession for sale, any pirated copies of any musical work, or has in his possession any plates for the purpose of printing or reproducing pirated copies of any musical work, shall (unless he proves that he acted innocently) be guilty of an offence punishable on summary conviction, and shall be liable to a fine not exceeding five pounds, and on a second or subsequent conviction to imprisonment with or without hard labour for a term not exceeding two months or to a fine not exceeding ten pounds: Provided that a person convicted of an offence under this Act who has not previously been convicted of such an offence, and who proves that the copies of the musical work in respect of which the offence was committed had printed on the title page thereof a name and address purporting to be that of the printer or publisher, shall not be liable to any penalty under this Act unless it is proved that the copies were to his knowledge pirated copies.

(2) Any constable may take into custody without warrant any person who in any street or public place sells or into custody exposes, offers, or has in his possession for sale any pirated copies of any such musical work as may be specified in any general written authority addressed to the chief officer of police, and signed by the apparent owner of the copyright in such work or his agent thereto authorised in writing, requesting the arrest, at the risk of such owner, of all persons found committing offences under this section in

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