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 AUSTRALIAN COPYRIGHT ACT 589

(a) proceedings are taken for the infringement of the Defendant's performing right in a dramatic or musical work rights where published as a book, and °<* notice

(b) the defendant proves to the satisfaction of the Court that he has in his possession a copy of the book con- taining the dramatic or musical work and that that copy was published with the consent of the owner of the copyright, and does not contain the notice required by this Act of the reservation of the per- forming right,

judgment may be given in his favor either with or without costs cis the Court, in its discretion, thinks fit; but in any such case the owner of the performing right (if he is not the owner of the copyright) shall be entitled to recover from the owner of the copyright damages in respect of the injury he has incurred by the neglect of the owner of the copy- right to cause due notice to be given of the reservation of the performing right.

33. Report of lecture in a newspaper. — (i.) Unless the Report of reporting of a lecture is prohibited by a notice as in this lecture section mentioned, the lecturing right in a lecture shall not

be infringed by a report of the lecture in a newspaper.

(2.) The notice prohibiting the reporting of a lecture may be given —

(a) orally at the beginning of the lecture; or (&) by a conspicuous written notice affixed, before the lecture is given, on the entrance doors of the build- in which it is given or in a place in the room in which it is given. (3.) When a series of lectures is intended to be given by the same lecturer on the same subject, one notice only need be given in respect of the whole series.

PART IV. — ARTISTIC COPYRIGHT

34. Meaning of copyright. — The copyright in an artistic Artistic work means the exclusive right of the owner of the copy- copyright right to reproduce or authorise another person to repro- duce the artistic work, or any material part of it, in any manner, form, or size, in any material, or by any process,

or for any purpose.