Page:Copyright, Its History And Its Law (1912).djvu/623

 AUSTRALIAN COPYRIGHT ACT 591

not assign the copyright therein, the owner of the copy- right (except as in this section mentioned) may in the ab- sence of any agreement in writing to the contrary make a replica of such work.

Right of author to make replicas of statues, etc., in public Right to places. (2.) — When a statue, bust, or other like work, ™ake re- whether made to order or not, is placed or is intended to be P^*=*^ placed in a street or other like public place, the author may, in the absence of any agreement to the contrary, make replicas thereof.

^ 42. Artistic copyright is personal property. — The copy- Personal right in an artistic work shall be personal property, and property shall be capable of assignment and of transmission by operation of law.

43. Copyright and ownership in artistic works. — The Copyright copyright in an artistic work and the ownership of the ar- and owner- tistic work shall be deemed to be distinct properties for the ^^^ purposes of ownership, assignment, licence, transmission,

and all other purposes.

44. Assignment of copyright. — The owner of the copy- Assignment right in an artistic work may assign his right wholly or par- tially and either generally or limited to any particular

place or period and may grant any interest therein by li- cence; but an assignment or grant shall not be valid unless it is in writing signed by the owner of the copyright.

PART V. — INFRINGEMENT OF COPYRIGHT

45. Infringement of rights under Act. — If any person in- Infringement fringes any right conferred by this Act in respect of the

right in a book, the performing right in dramatic or musi- cal work, the lecturing right in a lecture, or the copyright in an artistic work, the owner of the right infringed may maintain an action for damages or penalties or profits, and for an injunction, or for any of those remedies.

46. Damages in case of performing right or lecturing right. Damages — In assessing the damages in respect of the infringement under per- of the performing right in a dramatic or musical work or f" "^^^ "' the lecturing right in a lecture, regard shall be had to the ^^^^ amount of profit made by the infringer by reason of the in-