Copyright: Its History and Its Law Part 69

Both copyright and performing Copyright as defined by this Act.

right. Copyright, but not performing Copyright as defined by this Act, right. except the sole right to perform the work or any substantial part thereof in public.

Performing right, but not The sole right to perform the copyright. work in public, but none of the other rights comprised in copy- rightas defined by this Act.

For the purposes of this Schedule the following expressions, where used in the first column thereof, have the following meanings:--

"copyright," in the case of a work which according to the law in force immediately before the commencement of this Act has not been published before that date and statutory copyright wherein depends on publication, includes the right at common law (if any) to restrain publication or other dealing with the work;

"performing right," in the case of a work which has not been performed in public before the commencement of this Act, includes the right at common law (if any) to restrain the performance thereof in public.

SECOND SCHEDULE

ENACTMENTS REPEALED

----------------------+-----------------------------+------------------- SESSION AND SHORT t.i.tLE EXTENT OF REPEAL CHAPTER ----------------------+-----------------------------+------------------- 8 Geo. 2. c. 13. The Engraving Copyright The whole Act.

Act, 1734. 7 Geo. 3. c. 38. The Engraving Copyright The whole Act.

Act, 1767. 15 Geo. 3. c. 53. The Copyright Act, 1775. Sections two, four and five.

17 Geo. 3. c. 57. The Prints Copyright Act, The whole Act.

1777. 54 Geo. 3. c. 56. The Sculpture Copyright The whole Act.

Act, 1814. 3 Geo. 4. c. 15. The Dramatic Copyright The whole Act.

Act, 1833. 5 & 6 Will. 4. c. 65. The Lectures Copyright The whole Act.

Act, 1835. 6 & 7 Will. 4. c. 59. The Prints and Engravings The whole Act.

Copyright (Ireland) Act, 1836. 6 & 7 Will. 4. c. 110 The Copyright Act, 1836. The whole Act.

5 & 6 Vict. c. 45. The Copyright Act, 1842. The whole Act.

7 & 8 Vict. c. 12. The International Copyright The whole Act.

Act, 1844. 10 & 11 Vict. c. 95. The Colonial Copyright, The whole Act.

1847. 15 & 16 Vict. c. 12. The International Copyright The whole Act.

Act, 1852. 25 & 26 Vict. c. 68. The Fine Arts Copyright Sections one to six.

Act, 1862. In section eight the words "and pursuantto any Act for the protection of copyright engravings."

Sections nine to twelve.

38 & 39 Vict. c. 12. The International Copyright The whole Act.

Act, 1875. 39 & 40 Vict. c. 36. The Customs Consolidation Section forty-two, Act, 1876. from "Books wherein"

to "such copyright will expire."

Sections forty-four, forty-five and one hundred and fifty-two.

45 & 46 Vict. c. 40. The Copyright (Musical The whole Act.

Compositions) Act, 1882. 49 & 50 Vict. c. 33. The International Copyright The whole Act.

Act, 1886. 51 & 52 Vict. c. 17. The Copyright (Musical The whole Act.

Compositions) Act, 1888. 52 & 53 Vict. c. 42. The Revenue Act, 1889. Section one, from "Books first published" to "as provided in that section."

2 Edw. 7. c. 15. The Musical (Summary The whole Act.

Proceedings) Copyright Act, 1902. 6 Edw. 7. c. 36. The Musical Copyright The whole Act.

Act, 1906. ----------------------+-----------------------------+-------------------

8. AUSTRALIAN COPYRIGHT ACT, 1905

(a.s.sented to 21st December, 1905)

Be it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:--

PART I.--PRELIMINARY

{Sidenote: Short t.i.tle}

1. _Short t.i.tle._--This Act may be cited as the Copyright Act, 1905.

{Sidenote: Commencement}

2. _Commencement._--This Act shall commence on a day to be fixed by Proclamation.

{Sidenote: Parts}

3. _Parts._--This Act is divided as follows:--

Part I.--Preliminary.

Part II.--Administration.

Part III.--Literary, Musical, and Dramatic Copyright.

Part IV.--Artistic Copyright.

Part V.--Infringement of Copyright.

Part VI.--International and State copyright.

Part VII.--Registration of Copyrights.

Part VIII.--Miscellaneous.

{Sidenote: Interpretation}

4. _Interpretation._--In this Act, unless the contrary intention appears--

"Artistic work" includes--

(_a_) Any painting, drawing, or sculpture; and

(_b_) Any engraving, etching, print, lithograph, woodcut, photograph, or other work of art produced by any process, mechanical or otherwise, by which impressions or representations of works of art can be taken or multiplied:

"Author" includes the personal representatives of an author:

{Sidenote: Interpretation}

"Book" includes any book or volume, and any part or division of a book or volume, and any article in a book or volume, and any pamphlet, periodical, sheet of letterpress, sheet of music, map, chart, diagram, or plan separately published, and any ill.u.s.tration therein:

"Dramatic work," in addition to being included in the definition of book, means any tragedy, comedy, play, drama, farce, burlesque, libretto, of an opera, entertainment, or other work of a like nature, whether set to music or otherwise, lyrical work set to music, or other scenic or dramatic composition:

"Lecture" includes a sermon:

"Musical work" in addition to being included in the definition of book, includes any combination of melody and harmony, or either of them, printed, reduced to writing, or otherwise graphically produced or reproduced: