Page:The copyright act, 1911, annotated.djvu/109

 Summary Remedies. 97

reduced to writing, or otherwise graphically pro- § n. duced or reproduced.

"Pirated musical work" means any musical Avork written, printed, or otherwise reproduced, without the consent lawfully given by the owner of the copja-ight in such musical work.

4. This Act may be cited as the Musical (Sum- Short title mary Proceedings) Copyright Act, 1902, and ^^^J^ent. shall come into operation on the first day of October one thousand nine hundred and two, and shall apply only to the United Kingdom.

It will be observed that the above Act was directed Judicial solely to the seizure of suspected copies, and that it con- y^^^gj.°"^g tained no provision which enabled any conviction to be above Act. obtained against the person of the hawker or other vendor. Even as a means of getting possession of the infringing copies, it proved extremely defective. In the first place, it was held that, although the copies might be seized from a liawker and brought before the Court, the Court had no power to make any order in respect of them until the person from whom they were seized was notified by sum- mons (Z). In the second place, where coj^ies were sus- pected to be stored and sold to dealers and hawkers upon private jDremises, there was no power of search or forcible entry, and although the Court might authorise a constable to seize such copies, the constable could not execute the order unless he could obtain access to the premises with the consent of the proprietor (m).

It was held that a perforated roll for the pianola was Perforated not a " pirated copy of a musical work " within the mean- roll not a ing of the above Act, and that such rolls could not bo P"" ^ ° ^^^ seized or forfeited {n).

The Musical Copyright Act, 1906 (o), was passed to Musical remedy some of tlio defects in the Act of 1902. It made Copyright it an offence punishable upon summary conviction by ^ ' fine or imprisonment, to print, reproduce, sell, or expose, offer, or have in possession for sale any pirated copy of

��(0 Francis, Hr parte (No. 1), [1903] 1 K. B. 275. («) Frcoicis, Fx parte (No. 2) (1903), 88 L. T. 806 («) Mabev. Connor, [1909] 1 K. B. 515. (o) 6 Edw. VII. c. 36.

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