Page:The copyright act, 1911, annotated.djvu/108

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��CoPYKiuHT Act, 1911

��§11.

��Seizure, &c. of pirated

��Power to seize copie.s on hawkers.

��Defiuitions.

��this present Parliament assembled, and by tho authority of the same, as follows:

1. A court of summary jurisdiction, upon the application of the OAyner of the copyright in any musical work, may act as follows: If satisfied by eyidence that there is reasonable ground for be- lieving that pirated copies of such musical work are being hawked, carried about, sold, or offered for sale, may, by order, authorise a constable to seize such copies without warrant and to bring them before the court, and the court, on proof that the copies are pirated, may order them to be destroyed or to be deliyered up to the owner of the copyright if he makes application for that de- livery.

2. If any person shall hawk, carry about, sell, or offer for sale any pirated copy of any musical work, every such pirated copy may be seized by any constable without warrant, on the request in writing of the apparent owner of the copyright in such work, or of his agent tliereto authorised in writing, and at the risk of such owner.

On seizure of any such copies, they shall be con- veyed, by such constable before a court of sum- mary jurisdiction, and, on proof that they are in- fringements of copyright, shall be forfeited or destroyed, or otherwise dealt with as the court may think fit.

8. "Musical copyright" means the exclusive right of the owner of such copyright under the Copyright Acts in force for the time being to do or to authorise another person to do all or any of the following things in respect of a musical work: —

(1) To make copies by writing or otherwise of

such musical work.

(2) To abridge such musical work.

(3) To make any new adaptation, arrangement,

or setting of such musical work, or of

the melod}^ thereof, in any notation or

system.

"Musical work" means any combination of

melody and harmony, or either of them, printed.

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