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respect to such work, or who offers for sale any pirated copies of any such specified musical work by personal canvass or by personally delivering advertisements or circulars.

(3) A copy of every written authority addressed to a chief officer of police under this section shall be open to inspection at all reasonable hours by any person without payment of any fee, and any person may take copies of or make extracts from any such authority.

(4) Any person aggrieved by a summary conviction under this section may in England or Ireland appeal to a court of quarter sessions, and in Scotland under and in terms of the Summary Prosecutions Appeals (Scotland) 38 & 39 Vict. Act, 1875.

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2. (1) If a court of summary jurisdiction is satisfied by information on oath that there is reasonable ground for suspecting that an offence against this Act is being committed on any premises, the court may grant a search warrant authorising the constable named therein to enter the premises between the hours of six of the clock in the morning and nine of the clock in the evening, and, if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to seize any copies of any musical work or any plates in respect of which he has reasonable ground for suspecting that an offence against this Act is being committed.

(2) All copies of any musical work and plates seized under this section shall be brought before a court of summary jurisdiction, and if proved to be pirated copies or plates intended to be used for the printing or reproduction of pirated copies shall be forfeited and destroyed or otherwise dealt with as the court think fit.

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c. 62

Right of entry by police for execution of Act

Definitions:

The expression "pirated copies" means any copies of "Pirated any musical work written, printed, or otherwise re- copies " produced without the consent lawfully given by the owner of the copyright in such musical work:

The expression "musical work" means a musical work "Musical in which there is a subsisting copyright:

work"

The expression "plates" includes any stereotype or other "Plates "

"Chief officer of police "

53 & 54

Vict. c. 45

53 & 54 Vict. c. 67

"Court of summary jurisdiction"

Short title

plates, stones, matrices, transfers, or negatives used or intended to be used for printing or reproducing copies of any musical work: Provided that the expressions "pirated copies" and "plates" shall not, for the purposes of this Act, be deemed to include perforated music rolls used for playing mechanical instruments, or records used for the reproduction of sound waves, or the matrices or other appliances by which such rolls or records respectively are made:

The expression "chief officer of police"

(a) with respect to the City of London, means the Commissioner of City Police;

(b) elsewhere in England has the same meaning as in the Police Act, 1890;

(c) in Scotland has the same meaning as in the Police (Scotland) Act, 1890;

(d) in the police district of Dublin metropolis means either of the Commissioners of Police for the said district;

(e) elsewhere in Ireland means the District Inspector of the Royal Irish Constabulary: The expression "court of summary jurisdiction" in Scotland means the sheriff or any magistrate of any royal, parliamentary, or police burgh officiating under the provisions of any local or general police Act. 4. This Act may be cited as the Musical Copyright Act, 1906.

7. CANADIAN COPYRIGHT MEASURE, 1911

AN ACT RESPECTING COPYRIGHT

I. This Act may be cited as The Copyright Act, 1911.

INTERPRETATION

Short title

Definitions:

"Minister"

2. In this Act, unless the context otherwise requires, "Minister" means the Minister of Agriculture; "Department" means the Department of Agriculture; "Depart"legal representatives" includes heirs, executors, ad- ment" ministrators and assigns, or other legal representa- "Legal

representa

tives"

tives; "literary work" includes maps, charts, plans, and tables; "Literary" "dramatic work" includes any piece for recitation, cho- and other reographic work or entertainment in dumb show, the works scenic arrangement or acting form of which is fixed in writing or otherwise, and any cinematograph production where the arrangement or acting form or the combination of incidents represented give the work an original character;

"literary work," "dramatic work" and "musical work"
includes records, perforated rolls or other contrivances
by means of which a work may be mechanically per-
formed or delivered;

"artistic work" includes works of painting, drawing,
sculpture and artistic craftsmanship, and architec-
tural works of art, and engravings and photographs;
"work of sculpture" includes casts and models;
"architectural work of art" means any building or struc-
ture having an artistic character or design, in respect
of such character or design, but not in respect of the
processes or methods of its construction;

"engravings" include etchings, lithographs, wood-cuts, "Engrav-
prints and other similar works, not being photographs; ings"
"photograph" includes photo-lithograph and any work "Photo-
produced by any process analogous to photography;

graph"

"Cinematograph"

"Pirated"

"Publication"

"Performance"

"Delivery"

"Plate"

"Lecture"
"Copyright"

"cinematograph" includes any work produced by any process analogous to cinematography;

"pirated," when applied to a copy of a work in which
copyright subsists, means any copy made without the
consent or acquiescence of the owner of the copyright,
or imported contrary to this Act;

'publication" means the issue of copies to the public
and does not include the performance in public of a
dramatic or musical work, the delivery in public of a
lecture, the exhibition in public of an artistic work,
or the construction of an architectural work of art;
"performance" means any acoustic representation of a
work and any visual representation of any dramatic
action in a work, including such a representation
made by means of any mechanical instrument;
"delivery," in relation to a lecture, includes delivery by
means of any mechanical instrument;

66

'plate" includes any stereotype or other plate, stone,
matrix, transfer, or negative used or intended to be
used for printing or reproducing copies of any work,
and any matrix or other appliance by which records,
perforated rolls or other contrivance for the acoustic
representation of the work are made or intended to be
made;

"lecture" includes address, speech and sermon;
"copyright" means the sole right to produce or repro-
duce any original literary, dramatic, musical or artistic
work or any substantial part thereof in any material
form whatsoever and in any language; to perform, or
in the case of a lecture to deliver, the work or any sub-
stantial part thereof in public; if the work is unpub-
lished, to publish the work; and shall include the sole
right,-

(a) in the case of a dramatic work, to convert it into a
novel or other non-dramatic work;

(b) in the case of a novel or other non-dramatic work,

to convert it into a dramatic work, either by way of multiplication of copies of by way of performance in public;

(c) in the case of a literary, dramatic or musical work, to make any record, perforated roll or other contrivance by means of which the work may be mechanically performed, and to authorize any such acts as aforesaid.

(2.) For the purposes of this Act (other than those relat- Publication, ing to infringements of copyright), a work shall not be performance deemed to be published or performed in public, and a lec- or delivery in public ture shall not be deemed to be delivered in public, if published, performed in public or delivered in public without the consent or acquiescence of the person entitled to authorize its publication, performance in public or delivery in public.

(3.) For the purposes of this Act a work shall be deemed Simultato be first published in Canada, notwithstanding that it neous has been published simultaneously in some other country, publication unless the publication in Canada is colourable only and is not intended to satisfy the reasonable requirements of the public, and a work shall be deemed to be published simultaneously in two countries if the time between the publication in one such country and the publication in the other country does not exceed fourteen days.

(4.) Where the making of a work has extended over a Copyright considerable period the conditions of this Act conferring to bona fide copyright shall be deemed to have been complied with resident if the author was, during any substantial part of that period, a bona fide resident of Canada.

CONDITIONS OF COPYRIGHT

3. Subject to the provisions of this Act, copyright shall Conditions of subsist in Canada for the term hereinafter mentioned in copyright in every original literary, dramatic, musical and artistic work Canada the author whereof was, at the date of the making of the work, a bona fide resident of Canada, but in no other works except so far as the protection conferred by this act is extended by order in council thereunder.

(2.) Every copy of a work published in Canada shall be Notice of printed or made in Canada, and shall bear notice of copy- copyright — right

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