Page:The copyright act, 1911, annotated.djvu/107

 Summary Remedies. 95

a magistrate, nor is there any power of arresting a sus- § H.

pected offender or searching premises where it is believed

that an offence is being committed. The alleo-ed offender f '^^f ^^*^

IIP \ r~i -pii 11 summons.

can only be brought before the Court if lie can be duly served with a summons, and the alleged infringing copies can only be seized and forfeited if upon the hearing of such summons it is proved that the copies are in fact infringing copies (i).

The most valuable part of this section is probably that Application contained in sub-sect. (2), which provides that a person ^* summary who for private profit causes an unauthorised public per- infringement formance of a copyright work may be proceeded against of performing in a summary manner under this section. This ought to "g^t^. be valuable in suppressing the unauthorised performance of plays by small touring companies which were seldom Avorth the powder and shot of civil proceedings. It may be noted that on a strict construction of the Act, perform- ance under this sub-section would include the reading or recitation by one person of a reasonable extract from a published work. Although by sect. 2 (1) (vi.) such a per- formance is not an infringement of copyright for the pur- poses of a civil action, yet there is no saving clause which would take it out of this sub-section and exempt the per- former from criminal proceedings.

The penalties awarded by the Court under this section Owner of or under the Musical (Summary Proceedings) Copyright e° JJfgf ^^o °^* Acts are purely penal, and are not applied as compensa- penalties for tion for the benefit of the copyright owner. The only his own use. personal benefit which the owner of the copyright may get by taking summary proceedings is from an order of the Court that the infringing copies be delivered up to him.

The following is the full text of the Musical (Summary Musical

Proceedings) Copyright Act, 1902 (/.O:— ' (Summary

'=' -^ i'^' o ' V. Proceedings)

Copyright

An Act to amend the Law relating to Musical ^°*- Copyright. [22nd July 1902.]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in

��(i) Francis, Ex paHe (No. 1), [1903] 1 K. B. 275. [k) 2 Edw. VII. 0. 15.

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