COPYRIGHT. No. 20. An Act to secure to Proprietors of Works of Literature 42 VICTORIA, and Fine Art and to Proprietors of Designs for Articles and Works of Manufacture and Art the Copyright of such Works and Designs for a limited period. [14 May, 1879.] WHEREAS it is considered that the Law of Copyright as the same Preamble, exists in the United Kingdom can with certain modifications be introduced into this Colony with great benefit to Authors Artists Designers and others whose works and rights have hitherto been without protection from piracy and infringement Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows: : 1. This Act shall come into force on the first day of July in the year Commencement one thousand eight hundred and seventy-nine and may be cited as the and short title. Copyright Act 1879" It is divided into Four Parts which embrace 66 the subjects following PART I.—Literary Dramatic and Musical Works Lectures &c. PART II.-Fine Arts &c. PART III.-Designs &c. PART IV.-Miscellaneous Provisions. 2. The following words and expressions in this Act shall unless there Interpretation of is anything in the context repugnant thereto or inconsistent there with terms &c. mean and include the matters following respectively viz. :— "The Governor " means the Governor with the advice of the "Registrar" means and includes the Registrar and Assistant "Book " means and includes any volume part or division of a 42 VICTORIA, No. 20. 5 & 6 Vic. c. 100 S. 5. "Dramatic or musical production " means and includes any tragedy comedy play opera farce or other scenic musical or dramatic piece entertainment or composition 66 Engraving" means and includes every work made upon a plate block or slab of any material by engraving lithography or any other process whereby impressions may be taken from such plate block or slab "Drawing and painting" means and includes every drawing and painting made in any manner and material and by any process "Photograph" means and includes any photograph or other similar work which shall be produced by the action of light or any chemical process "Work of sculpture" means and includes any piece of sculpture whether in the round in relief or intaglio made in any material and by any process Copyright" means the sole and exclusive right and liberty of making printing writing drawing painting photographing or otherwise howsoever multiplying copies of any matter thing or subject to which the said word is herein applied or to which any original design as hereinafter described in section one of Part III has been applied Proprietor" means and includes the author of any new and original design as hereinafter described and the author of any book or of any tragedy comedy play opera farce or other dramatic or musical composition or production or of any lecture as hereinafter described and the author of every original painting drawing work of sculpture and photograph as hereinafter described unless such author shall have exccuted any of the works aforesaid on behalf of another person for a good or a valuable consideration in which case such person shall be and be considered the proprietor thereof and shall be entitled to be registered in the place of the author And shall also mean and include every person or persons acquiring for a good or valuable consideration such new and original design or the right or partial or limited right to apply the same to making selling or ornamenting any one or more articles or works of manufacture or art or any one or more substances as hereinafter in section thirty-four described and the copyright as hereinbefore defined or any part thereof in such book tragedy comedy play opera farce or other dramatic or musical composition or production or in such lecture and in such original painting drawing work of sculpture and photograph and also every person who shall purchase such copyright or upon whom the property in such design or any part thereof or such right. or partial or limited right to the application thereof and in such copyright or any part thereof as aforesaid shall devolve or be bequeathed and to the extent that the same shall have been so acquired or shall have so devolved or been bequeathed but not otherwise Provided that the word "proprietor" shall have such further and other meaning and include such further and other persons as is expressly given thereto and included thereunder by any of the provisions of this Act, PART I. Literary Dramatic and Musical Works. 42 VICTORIA, No. 20. books &c. s. 3. 3. The copyright in every book which shall before or after the passing Duration of of this Act have been or be first published in this Colony in the lifetime copyright in of its author shall endure for the natural life of such author and for the 5 & 6 Vic. c. 45 further term of seven years commencing at the time of his death and shall be the property of such author and his assigns Provided that if the said term of seven years shall expire before the end of forty-two years from the first publication of such book in this Colony the copyright shall in that case endure for such period of forty-two years The copyright in every book which has been or shall be published in this Colony after the death of its author shall endure for the term of forty-two years from the first publication thereof in this Colony and shall be the property of the proprietor of the author's manuscript from which such book shall be first published and his assigns. proprietor 4. It shall be lawful for the Governor on complaint made to the Governor may the Attorney-General that the proprietor of the copyright in any such book license republication of after the death of its author has refused to republish or to allow the books which the republication of the same and that by reason of such refusal such book refuses to may be withheld from the public to grant a license to the complainant death of author to publish such book in such manner and subject to such conditions as 5 & 6 Vic. c. 45 he may think fit and it shall be lawful for such complainant to publish such book according to such license. publish after s. 5. within a certain Public Library. 5. A printed copy of the whole of every book which shall be first Copies of books published in this Colony after the passing of this Act together with all to be delivered maps prints or other engravings belonging thereto finished and coloured time at the Free in the same manner as the best copies of the same shall be published 5 & 6 Vic. c. 45 and also of any second or subsequent edition which shall be so published s. 6. with any additions or alterations whether the same shall be in letterpress or in the maps prints or other engravings belonging thereto and whether the first edition of such book shall have been published before or after the passing of this Act and also of any second or subsequent edition of every such book of which the first or some preceding edition shall not have been delivered for the use of the Free Public Library and the Library of the University of Sydney bound sewed or stitched together and upon the best paper on which the same shall be printed shall within two calendar months after the day on which any such book shall be first sold published or offered for sale within this Colony be delivered by or on behalf of the publisher thereof at the said libraries. ing books at s. 7. 6. Every copy of a book which under the provisions of this Part ought Mode of deliver-to be delivered as aforesaid shall be delivered at the said libraries between library. the hours of ten in the forenoon and four in the afternoon to one of the 5 & 6 Vic. c. 45 officers of the said library or to some person duly authorized to receive the same and such officer or other person receiving such copy is hereby required to give a receipt in writing for the same and such delivery shall to all intents and purposes be deemed to be a good and sufficient delivery under the provisions of this Part of this Act. default in deliv 7. If any such publisher shall neglect to deliver such book as aforesaid Penalty for he shall for every such default forfeit besides the value of such copy of ering copies for such book or edition which he ought to have delivered a sum not use of library. exceeding ten pounds to be recovered by the librarian of the said library s. 10. in a summary way before any two Justices of the Peace. 5 & 6 Vic. c. 45 42 VICTORIA, No. 20. to be kept. S. 11. 8. A register wherein may be registered as hereinafter enacted the proprietorship in the copyright of books dramatic or musical works Book of registry whether in manuscript or otherwise and the assignments of such 5 & 6 Vic. c. 45 proprietorship and licenses affecting such copyright shall be kept at the registry appointed by virtue of this Act by the Registrar of Copyright and shall at all convenient times be open to the inspection of any person on payment of one shilling for every entry which shall be searched for or inspected in the said book and such officer shall whenever thereunto reasonably required give a copy of any entry in such book certified under his hand and impressed stamped or sealed with the stamp or seal of the said registry office to any person requiring the same on payment to him of the fee provided by virtue of this Act in that behalf and such copies so certified and impressed stamped or sealed shall be received in evidence in all Courts and shall be prima facie proof of the proprietorship or assignment of copyright or license as therein expressed and in the case of dramatic or musical works shall be primâ facie proof of the right of representation or performance. Entries of copyregistry. right of books in 5 & 6 Vic. c. 45 8. 13. Remedy for piracy by action. 8. 15. 9. After the passing of this Act it shall be lawful for the proprietor of copyright in any book heretofore first published or in any book hereafter to be first published in this Colony to make entry in the registry aforesaid of the title of such book the time of the first publication thereof the name and place of abode of the publisher thereof and the name and place of abode of the proprietor of the copyright of the said book or of any portion of such copyright in the form in that behalf given in the Fourth Schedule hereto upon payment of the prescribed fee to the Registrar or other proper officer and it shall be lawful for every such registered proprietor to assign his interest or any portion of his interest therein by making entry in the said register of such assignment and of the name and place of abode of the assignee thereof in the form in the First Schedule hereto on payment of the like sum and such assignment so entered shall be effectual in law to all intents and purposes whatsoever and shall be of the same force and effect as if such assignment had been made by deed. 10. If any person shall in this colony after the passing of this Act 5 & 6 Vic. 45 print or cause to be printed either for sale or exportation any book in which there shall be a subsisting registered copyright as aforesaid without the consent in writing of the proprietor thereof or his agent duly authorized in that behalf in writing or shall import for sale or hire any such book so unlawfully printed from parts beyond the sea or knowing such book to have been so unlawfully printed or imported shall sell publish or expose to sale or hire or cause to be sold published or exposed to sale or hire or shall have in his possession for sale or hire any such book so unlawfully printed or imported without such consent as aforesaid such offender shall be liable for every such offence to a penalty not exceeding ten pounds to be recovered by the proprietor against whom such offence shall have been committed with full costs of suit before two or more Justices in a summary manner and also to an action at the suit of the proprietor of such copyright in the Supreme Court. Notice to be dant in actions 11. After the passing of this Act in any action brought within this given by defen- Colony against any person for printing any such book for sale hire or exportation or for importing selling publishing or exposing to sale or hire or causing to be imported sold published or exposed to sale cr for piracy. 5 & 6 Vic. c. 45 8. 16. |