Copyright: Its History and Its Law Part 72

32. _Notice of reservation of performing right._--(1.) Where a dramatic or musical work is published as a book, and it is intended that the performing right is to be reserved, the owner of copyright, whether he has parted with the performing right or not, shall cause notice of the reservation of the performing right to be printed on the t.i.tle-page or in a conspicuous part of every copy of the book.

(2.) _Defendant's rights where no notice of reservation of performing right._--Where--

{Sidenote: Defendant's rights where no notice}

(_a_) proceedings are taken for the infringement of the performing right in a dramatic or musical work published as a book, and

(_b_) the defendant proves to the satisfaction of the Court that he has in his possession a copy of the book containing the dramatic or musical work and that that copy was published with the consent of the owner of the copyright, and does not contain the notice required by this Act of the reservation of the performing right,

judgment may be given in his favor either with or without costs as the Court, in its discretion, thinks fit; but in any such case the owner of the performing right (if he is not the owner of the copyright) shall be ent.i.tled to recover from the owner of the copyright damages in respect of the injury he has incurred by the neglect of the owner of the copyright to cause due notice to be given of the reservation of the performing right.

{Sidenote: Report of lecture}

33. _Report of lecture in a newspaper._--(1.) Unless the reporting of a lecture is prohibited by a notice as in this section mentioned, the lecturing right in a lecture shall not be infringed by a report of the lecture in a newspaper.

(2.) The notice prohibiting the reporting of a lecture may be given--

(_a_) orally at the beginning of the lecture; or

(_b_) by a conspicuous written notice affixed, before the lecture is given, on the entrance doors of the building in which it is given or in a place in the room in which it is given.

(3.) When a series of lectures is intended to be given by the same lecturer on the same subject, one notice only need be given in respect of the whole series.

PART IV.--ARTISTIC COPYRIGHT

{Sidenote: Artistic copyright}

34. _Meaning of copyright._--The copyright in an artistic work means the exclusive right of the owner of the copyright to reproduce or authorise another person to reproduce the artistic work, or any material part of it, in any manner, form, or size, in any material, or by any process, or for any purpose.

35. _Copyright in artistic works._--Copyright shall subsist in every artistic work whether the author is a British subject or not, which is made in Australia after the commencement of this Act.

{Sidenote: Commencement and term}

36. _Commencement and term of artistic copyright._--The copyright in an artistic work shall begin with the making of the work, and shall subsist for the term of forty-two years or for the author's life and seven years whichever shall last the longer.

{Sidenote: Owners.h.i.+p}

37. _Owners.h.i.+p of copyright in artistic work._--The author of an artistic work shall be the first owner of the copyright in the work.

{Sidenote: Portraits}

38. _Copyright in portraits._--When an artistic work, being a portrait, is made to order for valuable consideration, the person to whose order it is made shall be ent.i.tled to the copyright therein as if he were the author thereof.

{Sidenote: Photographs}

39. _Copyright in photographs._--(1.) When a photograph is made to order for valuable consideration the person to whose order it is made shall be ent.i.tled to the copyright therein as if he were the author thereof.

(2). Subject to subsection (1) of this section, when a photograph is made by an employee on behalf of his employer the employer shall be deemed to be the author of the photograph.

{Sidenote: Engravings and prints}

40. _Engravings and prints._--(1.) Subject to section thirty-four of this Act the engraver or other person who makes the plate or other instrument by which copies of an artistic work are multiplied shall be deemed to be the author of the copies produced by means of the plate or instrument.

(2.) When the plate or other instrument mentioned in this section is made by an employee on behalf of his employer the employer shall be deemed to be the author of the copies produced by means of the plate or instrument.

{Sidenote: Sale of painting, etc.}

41. _Copyright in case of sale of painting, statue, or bust._ (1.)--When the owner of the copyright in any artistic work being a painting, or a statue, bust, or other like work, disposes of such work for valuable consideration, but does not a.s.sign the copyright therein, the owner of the copyright (except as in this section mentioned) may in the absence of any agreement in writing to the contrary make a replica of such work.

{Sidenote: Right to make replicas}

_Right of author to make replicas of statues, etc., in public places._ (2.)--When a statue, bust, or other like work, whether made to order or not, is placed or is intended to be placed in a street or other like public place, the author may, in the absence of any agreement to the contrary, make replicas thereof.

{Sidenote: Personal property}

42. _Artistic copyright is personal property._--The copyright in an artistic work shall be personal property, and shall be capable of a.s.signment and of transmission by operation of law.

{Sidenote: Copyright and owners.h.i.+p}

43. _Copyright and owners.h.i.+p in artistic works._--The copyright in an artistic work and the owners.h.i.+p of the artistic work shall be deemed to be distinct properties for the purposes of owners.h.i.+p, a.s.signment, licence, transmission, and all other purposes.

{Sidenote: a.s.signment}

44. _a.s.signment of copyright._--The owner of the copyright in an artistic work may a.s.sign his right wholly or partially and either generally or limited to any particular place or period and may grant any interest therein by licence; but an a.s.signment or grant shall not be valid unless it is in writing signed by the owner of the copyright.

PART V.--INFRINGEMENT OF COPYRIGHT

{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 a.s.sessing 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 t.i.tle}

47. _Notice of objection to t.i.tle._--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 t.i.tle 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.