Page:The copyright act, 1911, annotated.djvu/106

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��Copyright Act, 1911.

��11 (4). (Summary Proceedings) Copyright Act, 1902, or the Musical Copyright Act, 1906.

��Scope of the section.

��" Infringing copies."

��Alleged offender must be

��This section deals with criminal proceedings as dis- tinguished from the civil j)rooeedings dealt with in the foregoing sections. 'The section represents an extension to other works, literary pr artistic, of the principles of the Musical (Summary Proceedings) Copyright Acts, 1902 and 1906. The original proposal Avas to consolidate the whole of the provisions in these two Acts, and to apply them in toto to all classes of works. This proposal was, however, strenuously opposed when the Bill was in Grand Committee, and as a compromise, musical works were left in statu quo under the above-mentioned Acts, wdiich are not repealed, and the principle of summary procedure wias applied to other works in the much less drastic form in which it appears in this section.

It is not every work infringing copyright that may be seized under this section, but only works which are " in- fringing copies." The meaning of infringing copies has already been considered in dealing with the civil pro- cedure under sect. 7. Co-pj for this purpose includes " colourable imitation," but, as has been submitted, it does not include reproductions of the work in an entirely different material form, such as the reproduction of sheet music on a record. It will be observed that the meaning of " infringing copy " in this section is not identical Avith its meaning in sect. 7, because in the earlier section it is expressly stated that a copy of any substantial part may be an infringing copy. The words "substantial part," although used in sects. 1 and 7, are omitted here, and as this is a penal section, the obvious inference is that the taking of part only is not enough, and that there must therefore be a copy of substantially the whole work in order to support a conviction under this section. It is submitted that a translation or dramatic version of a novel would not be an infringing copy under this section. The case of an engraving or photograph from a picture is much nearer being a copy of the entire work, and on the whole, it is submitted, would come within the section.

It will bo observed that under this section there is no power of seizing suspect works and bringing them before

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