Page:Copyright, Its History And Its Law (1912).djvu/595

, CANADIAN COPYRIGHT MEASURE 563

same transaction; or in the case of a second or subsequent offence, eitfier to such fine or to imprisonment with or with- out hard labour for a term not exceeding two months :

Provided that a person convicted of an offence under Proviso as paragraph (b) of this subsection, who has not been pre- to certain viously convicted of any such offence and who proves that ^^^^ the copies of the work in respect of which the offence was committed had printed or marked thereon in some conspic- uous place a name and address purporting to be that of the printer or publisher, shall not be liable to any penalty un- der this section unless it is proved that the copies were to his knowledge pirated copies.

(2 .) If any person makes or has in his possession any plate Penalty for for the purpose of making pirated copies of any work in making or which copyright subsists, or for private profit causes any possessing such work to be performed in public without the consent j^^g^ copies ■ of the owner of the copyright, he shall, unless he proves that he acted innocently, be guilty of an offence under this Act, and be liable on summary conviction to a fine not ex- ceeding two hundred dollars, or, in the case of a second or subsequent offence, either to such fine or to imprisonment with or without hard labour for a term not exceeding two months.

(3.) The court before which any such proceedings are Destruction taken may in addition order that all copies of the work or of plate upon all plates in the possession of the offender, which appear to ""^ *•* it to be pirated copies or plates for the purpose of making pirated copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

14. Where a court of summary jurisdiction is satisfied Seizure of by information on oath that there is reasonable ground for pirated believing that pirated copies of any work are being or about ^""^^g^ ®*°^ to be hawked or carried about, sold or offered for sale, it may g^^^^ ^^ issue an order authorising any constable or peace officer — gold and (a) to seize without further warrant any copies of the arrest of work which may be found being hawked or carried offender about, sold or offered for sale;