Page:Copyright, Its History And Its Law (1912).djvu/627

 AUSTRALIAN COPYRIGHT ACT 595

son to whom the notice was given had pirated reproduc- tions of the book or work in his possession or power.

54. — Power of owner of performing right to forbid perfor- Power to mance in infringement of his right. — (i.) The owner of the forbid per- performing right in a musical or dramatic work, or the f"™**"!*® agent of the owner appointed in writing, may, by notice in writing in accordance with the prescribed form, forbid the performance of the musical or dramatic work in infringe- ment of his right, and require any person to refrain from performing or taking part in the performance of the musi- cal or dramatic work, and every person to whom a notice has been given in accordance with this section shall refrain from performing or taking part in the performance of the musical or dramatic work specified in the notice in in- fringement of the performing right of such owner.

Penalty: Ten pounds.

(2.) A person shall not give any notice in pursuance of this section without just cause.

Penalty : Twenty pounds.

(3.) In any prosecution under sub-section (2) of this sec- tion, the defendant shall be deemed to have given the no- tice without just cause unless he proves, to the satisfaction of the court at the hearing, that at the time of giving the notice he was the owner of the performing right in the musi- cal or dramatic work, or the agent of the owner appointed in writing, and had reasonable ground to believe that the person to whom the notice was given was about to perform or take part in the performance of the musical or dramatic work in infringement of the performing right of the owner.

55. Penalty for false representations in notices. — Any False repre- person, who in any notice given in pursuance of this Act, sentations makes a representation, which is false in fact and which he knows to be false or does not believe to be true, that he is

{a) the owner of the copyright in any book or artistic work, or

(&) the owner of the performing right in a musical or dramatic work, or

(c) the agent of any such owner, shall be guilty of an offence against this Act,