Copyright: Its History and Its Law Part 74

59. _Limitation of actions in court of summary jurisdiction._--Proceedings may be inst.i.tuted in any court of summary jurisdiction for the recovery of any penalty under this Act, but no such proceedings shall be inst.i.tuted after the expiration of six months from the date of the offence in respect of which the penalty is imposed.

{Sidenote: Appeal}

60. _Appeal from courts of summary jurisdiction._--An appeal shall lie from any conviction or order (including any dismissal of any information, complaint, or application) of a court of summary jurisdiction, exercising jurisdiction with respect to any offence or matter under this Act, to the court and in the manner and time provided by the law of the State in which the proceedings were inst.i.tuted in the case of appeals from courts of summary jurisdiction in that State.

{Sidenote: Importation of pirated works}

61. _Importation of pirated works._--(1.) The following goods are prohibited to be imported:--

(_a_) All pirated books in which copyright is subsisting in Australia (whether under this Act or otherwise), and

(_b_) All pirated artistic works in which copyright is subsisting in Australia (whether under this Act or otherwise).

(2.) All pirated books and pirated artistic works imported into Australia contrary to this section shall be forfeited and may be seized by any officer of Customs.

(3.) Subject to this Act the provisions of the Customs Act, 1901, shall apply to the seizure and forfeiture of pirated books and artistic works under this section to the same extent 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

{Sidenote: Protection of international and state copyrights}

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 ent.i.tled to protection in Australia by virtue of any Act of the Parliament of the United Kingdom or ent.i.tled 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.

{Sidenote: Registration of international copyright}

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.

PART VII.--REGISTRATION OF COPYRIGHTS

{Sidenote: Copyright registers}

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

The Register of Literary Copyrights.

The Register of Fine Arts Copyrights.

The Register of International and State Copyrights.

{Sidenote: Method of registration}

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

{Sidenote: Registration of a.s.signments and transmissions}

66. _Registration of a.s.signments and transmissions._--When any person becomes ent.i.tled to any copyright performing right or lecturing right under this Act by virtue of any a.s.signment or transmission, or to any interest therein by licence, he may obtain registration of the a.s.signment, transmission, or licence in the manner prescribed.

{Sidenote: How registration effected}

67. _How registration effected._--The registration of any copyright performing right or lecturing right under this Act, or of any a.s.signment 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, a.s.signment, transmission, or licence.

{Sidenote: Trusts not registered}

68. _Trusts not registered._--(1.) No notice of any trust expressed, implied, or constructive shall be entered in any 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.

{Sidenote: Register to be evidence}

69. _Register to be evidence._--Every Register of copyrights under this Act shall be _prima facie_ evidence of the particulars entered therein and doc.u.ments 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.

{Sidenote: Certified copies}

70. _Certified copies._--Certified copies of entries in any register under this Act or of extracts therefrom shall, on payment of the prescribed fee, be given to any person applying for them.

{Sidenote: Inspection of register}

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.

{Sidenote: Correction of register}

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.

{Sidenote: Rectification of register by the court}

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.

{Sidenote: No suit before registration}

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 ent.i.tled to bring any action or suit or inst.i.tute any proceedings for any infringement of the copyright or performing right unless such right or interest has been registered in pursuance of this Act.