Protection of international and state copyrights

Registration of international copyright

Act, 1901, shall apply to the seizure and forfeiture of pirated
books and artistic works under this section to the same ex-
tent 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.

PART VI.

INTERNATIONAL AND STATE COPYRIGHT

62. Protection in Australia of international and State copyright. The owner of any copyright or performing right in any literary, musical, or dramatic work or artistic work entitled to protection in Australia by virtue of any Act of the Parliament of the United Kingdom or entitled to protection in any State by virtue of any State Copyright Act in force at the commencement of this Act shall on obtaining a certificate of the registration of his copyright or performing right under this part of this Act have the same protection in the Commonwealth against the infringement of his copyright or performing right as the owner of any copyright or performing right under this Act.

63. Registration of international copyright. - (1.) The owner of any copyright or performing right who desires to obtain the benefit of this part of this Act may, in manner and in accordance with the form prescribed, make application to the Registrar for the registration of his copyright or performing right.

(2.) The Registrar may thereupon, and on being satisfied by proof of the prescribed particulars and on payment of the prescribed fee, register the copyright or performing right and issue to the applicant a certificate of registration in accordance with the prescribed form.

64. Copyright Registers. -The following Registers of Copyright copyrights shall be kept by the Registrar at the Copyrights registers Office:

The Register of Literary Copyrights.

The Register of Fine Arts Copyrights,

The Register of International and State Copyrights.

65. Method of registration. — The owner of any copyright Method of performing right or lecturing right under this Act may registration obtain registration of his right in the manner prescribed.

transmis

66. Registration of assignments and transmissions. — Registration When any person becomes entitled to any copyright per- of assignforming right or lecturing right under this Act by virtue of ments and any assignment or transmission, or to any interest therein sions by licence, he may obtain registration of the assignment, transmission, or licence in the manner prescribed. 67. How registration effected. The registration of any How regiscopyright performing right or lecturing right under this tration Act, or of any assignment or transmission thereof or of any interest therein by licence, shall be effected by entering in the proper register, the prescribed particulars relating to the right, assignment, transmission, or licence.

effected

68. Trusts not registered. — (1.) No notice of any trust Trusts not expressed, implied, or constructive shall be entered in any registered Register of Copyrights under this Act or be receivable by

the Registrar.

(2.) Subject to this section, equities in respect of any copyright performing right or lecturing right under this Act may be enforced in the same manner as equities in respect of other personal property.

69. Register to be evidence. Every Register of copy- Register to rights under this Act shall be prima facie evidence of the be evidence particulars entered therein and documents purporting to be copies of any entry therein or extracts therefrom certified by the Registrar and sealed with the seal of the Copyrights Office shall be admissible in evidence in all Federal or State courts without further proof or production of the originals. 70. Certified copies. - Certified copies of entries in any

Certified copies

Inspection of register

Correction of register

Rectification of register by the court

No suit before registration

register under this Act or of extracts therefrom shall, on payment of the prescribed fee, be given to any person applying for them.

71. Inspection of register. Each register under this Act shall be open to public inspection at all convenient times on payment of the prescribed fee.

72. Correction of register. The registrar may, in prescribed cases and subject to the prescribed conditions, amend or alter any register under this Act by —

(a) correcting any error in any name, address, or particular; and

(b) entering any prescribed memorandum or particular relating to copyright or other right under this Act. 73. Rectification of register by the court. (1.) Subject to this Act the Supreme Court of any State or a judge thereof may, on the application of the Registrar or of any person aggrieved, order the rectification of any register under this Act by

(a) the making of any entry wrongly omitted to be made in the register; or

(b) the expunging of any entry wrongly made in or remaining on the register; or

(c) the correction of any error or defect in the register. (2.) An appeal shall lie to the High Court from any order for the rectification of any register made by a Supreme Court or a Judge under this section.

74. Owner cannot sue before registration. — (1.) The owner of any copyright or performing right under this Act or of any interest therein by licence shall not be entitled to bring any action or suit or institute any proceedings for any infringement of the copyright or performing right unless such right or interest has been registered in pursuance of this Act.

(2.) When such right or interest has been registered the owner thereof may, subject to this Act, bring actions or suits or institute proceedings for infringements of the copyright or performing right, whether those infringements happened before or after the registration.

(3.) This section shall not affect the right of the owner

of the lecturing right in a lecture to bring actions or suits or institute proceedings for infringements of his lecturing right.

75. Delivery of books to registrar.- (1.) Every person Deposit applying for the registration of the copyright in any book shall deliver to the Registrar two copies of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the book are published and bound, sewed, or stitched together, and on the best paper on which the book is printed.

(2.) Every person applying for the registration of the copyright in any work of art shall deliver to the Registrar one copy of the work of art or a photograph of it.

(3.) The Registrar shall refuse to register the copyright in any book or work of art until subsections (1) and (2) of this section have been complied with.

(4.) One copy of each book delivered to the Registrar in pursuance of this section shall be forwarded by him to the librarian of the Parliament, and the other copy shall be retained by the Registrar, until otherwise prescribed.

76. False representation to registrar. Patents Act, 1903, s. False repre112. No person shall wilfully make any false statement sentation or representation to deceive the Registrar or any officer in the execution of this part of this Act, or to procure or influence the doing or omission of any thing in relation to this part of this Act or any matter thereunder. Penalty: Three years' imprisonment.

77. Provision against suppression of books. If the Gov- Suppression ernor-General is satisfied that the owner of the copyright of books in any book, or of the performing right in any dramatic work or musical work, or of the lecturing right in any lecture, has refused, after the death of the author, to republish or allow republication of the book, or the public performance of the dramatic or musical work, or the publication as a book of the lecture, and that by reason thereof the book, dramatic work, musical work, or lecture is withheld from the public, he may grant any person applying for

Award of costs

Regulations

it a licence to republish the book, or to perform the dramatic work, or musical work, or to publish the lecture as a book, in such manner and subject to such conditions as to the Governor-General seem fit.

78. Power to award costs. — In any action or proceeding taken in any court under this Act, the court shall have power to award costs at its discretion.

79. Regulations. - The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to this Act, or for the conduct of any business relating to the Copyrights Office.