Page:Copyright, Its History And Its Law (1912).djvu/555

 BRITISH COPYRIGHT ACT, 191 1 523

(2) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the absolute discretion of the Court.

(3) In any action for infringement of copyright in any work, the work shall be presumed to be a work in which copyright subsists and the plaintiff shall be presumed to be the owner of the copyright, unless the defendant puts in issue the existence of the copyright, or, as the case may be, the title of the plciintiff, and where any such question is in issue, then —

(a) if a name purporting to be that of the author of the work is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be pre- sumed to be the author of the work;

(6) if no name is so printed or indicated, or if the name so printed or indicated is not the author's true name or the name by which he is commonly known, and a name purporting to be that of the publisher or pro- prietor of the work is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the owner of the copyright in the work for the purposes of proceedings in respect of the infringement of copyright therein.

7. All infringing copies of any work in which copyright Rights of subsists, or of any substantial part thereof, and all plates owner used or intended to be used for the production of such in- "g^™st per- fringing copies, shall be deemed to be the property of the gggging J, owner of the copyright, who accordingly may take pro- dealing with ceedings for the recovery of the possession thereof or in infringing respect of the conversion thereof. copies, &c.

8. Where proceedings are taken in respect of the infringe- Exemption ment of the copyright in any work and the defendant in his p* innocent defence alleges that he was not aware of the existence of the jnf'^se' copyright in the work, the plaintiff shall not be entitled to |,jjjj to'pay any remedy other than an injunction or interdict in re- damages, &c. spect of the infringement if the defendant proves that at

the date of the infringement he was not aware and had no