Copyright: Its History and Its Law Part 75

(2.) When such right or interest has been registered the owner thereof may, subject to this Act, bring actions or suits or inst.i.tute 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 inst.i.tute proceedings for infringements of his lecturing right.

{Sidenote: Deposit}

75. _Delivery of books to registrar._--(1.) Every person 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 ill.u.s.trations belonging thereto, finished and coloured in the same manner as the best copies of the book are published and bound, sewed, or st.i.tched 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.

{Sidenote: False representation}

76. _False representation to registrar._ _Patents Act, 1903, s.

112._--No person shall wilfully make any false statement 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.

PART VIII.--MISCELLANEOUS

{Sidenote: Suppression of books}

77. _Provision against suppression of books._--If the Governor-General is satisfied that the owner of the copyright 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 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.

{Sidenote: Award of costs}

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.

{Sidenote: Regulations}

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.

III

INTERNATIONAL COPYRIGHT UNION: CONVENTIONS

9. BERNE CONVENTION, 1886, with Paris amendments, 1896, _in italics_ [omissions bracketed].

ARTICLE I

{Sidenote: Union to protect literary and artistic works}

The contracting States are const.i.tuted into an Union for the protection of the rights of authors over their literary and artistic works.

ARTICLE IV

{Sidenote: Definition of "literary and artistic works"}

The expression "literary and artistic works" comprehends books, pamphlets, and all other writings; dramatic or dramatico-musical works, musical compositions with or without words; works of design, painting, sculpture, and engraving; lithographs, ill.u.s.trations, geographical charts; plans, sketches, and plastic works relative to geography, topography, architecture, or science in general; in fact, every production whatsoever in the literary, scientific, or artistic domain which can be published by any mode of impression or reproduction.

PARIS II, 1

{Sidenote: Works of architecture protected}

(_a._) _In the countries of the Union in which protection is accorded not only to architectural designs, but to the actual works of architecture, those works are admitted to the benefit of the provisions of the Convention of Berne and of the present additional act._

PROTOCOL

{Sidenote: Ch.o.r.eographic works protected}

2. As regards Article IX, it is agreed that those countries of the Union whose legislation implicitly includes ch.o.r.eographic works amongst dramatico-musical works, expressly admit the former works to the benefits of the Convention concluded this day.

It is, however, understood that questions which may arise on the application of this clause shall rest within the competence of the respective tribunals to decide.

ARTICLE VI

{Sidenote: Translations, arrangements, and adaptations protected}

Authorized translations are protected as original works. They consequently enjoy the protection stipulated in Articles II and III as regards their unauthorized reproduction in the countries of the Union.

{Sidenote: New translations by other writers}

It is understood that, in the case of a work for which the translating right has fallen into the public domain, the translator cannot oppose the translation of the same work by other writers.

PROTOCOL

{Sidenote: Photographic works protected}

1. As regards Article IV, it is agreed [that those countries of the Union where the character of artistic works is not refused to photographs, engage to admit them to the benefits of the Convention concluded to-day, from the date of its coming into effect. They are, however, not bound to protect the authors of such works further than is permitted by their own legislation, except in the case of international engagements already existing, or which may hereafter be entered into by them.]

PARIS II, 1

(_b._) _Photographic works, and those obtained by similar processes, are admitted to the benefit of the provisions of these acts, in so far as the_ _domestic legislation allows this to be done, and according to the measure of protection which it gives to similar national works._

[PROTOCOL 1, PAR. 2]

{Sidenote: Photograph of work of art protected}