Page:The copyright act, 1911, annotated.djvu/103

 Civil Remedies. 91

been held that the limitation does apply to a claim for damages c j^q

under sect. 23 (^). Actions for infringement of performing right

��in dramatic or musical works must also be brought within twelve existing law.

months after the offence has been committed (9). An action or

other proceeding for the recovery of penalties tinder the Engraving

Copyright Acts, miist be commenced before the expiration of three

months from the discovery of the offence and before the expiration

of six months from the time it was committed (r). Actions for

damages for infringement of copyright in an engraving may be

commenced any time within six years after the infringement (s).

An action in respect of any infringement of copyright in sculpture

must be commenced before the exjiiration of six months from the

discovery of the offence complained of, and within six years from

the date when it was committed {t). The Artistic Copja-ight Act,

1862, contains no provision limiting the time within which action

must be brought, and any proceedings, whether for penalties or

damages under that Act. may be brought at any time within the

period of six years provided by the Statute of Limitations.

��(p) Black V. Imperial Book Co. (1904), 8 Ont. L. R. 9.

{q) Dramatic Copyright Act. 1833 (3 & 4 Will. IV. c. 15), s. 3.

(r) Eagraving Copyright Act, 1734 (8 Geo. II. c. 13), s. 3 ; Engraving Copyright Act, 1766 (7 Geo. III. c. 38), s. 6.

(s) 16 Jac. I. c. 16, 8. 3.

(0 Sculpture Copyright Act, 1814 (-54 Geo. III. c. 56), s. 5 ; 16 Jac. I. c. 16, s. 3.

�� �