Page:The copyright act, 1911, annotated.djvu/113

 Summary Remedies. 101

persons, publishers, printers, or hawkers, conspire to de- r h

privo the copyright owner of his property by printing

and selling unauthorised copies, they commit a common law conspiracy (q). Several of the music pirates Avere dealt with in this way, and in the case of the street piracy of Oscar Wilde's De Profimdis, the printers, publishers and hawkers were convicted and sentenced to varying terms of imprisonment up to nine months (r).

Under sects. 7 and 8 of the Fine Arts Copyright Act, 1862, penalties are imposed upon persons who commit certain offences in relation to paintings, drawings, and photographs. Although the rest of the Act is repealed, these sections are left standing, and thus form an addition to the sections of this Act dealing with summary remedies. The following is the text of the unrepealed sections: —

An Act for amending fJie Imc relating to Copyright in Works of the Fine Arts, and for repressing the Com- mission of Fraud in the Production and Sale of such Works. [29th July 1862.]

7 . iSTo person shall do or cause to be done any Penalties on

or either of the following acts; that is to say, fraudulent

'^ ' _ "^ productions

First, no person shall fraudulently sign or other- and sales, wise affix, or fraudulently cause to be signed or otherwise affixed, to or upon any painting, drawing, or j)hotograph, or the negative thereof, any name, initials, or monogram:

Secondly, no person shall fraudulently sell, pub- lish, exhibit, or dispose of, or offer for sale, exhibition, or distribution, any painting, drawing, or photograph, or negative of a jDhotograj^h, having thereon the name, initials, or monogram of a person who did not execute or make such work:

Thirdly, no jDcrson shall fraudulently utter, dis- pose of, .or 23ut off, or cause to be uttered or disposed of, any copy or colourable imitation of any painting, drawing, or photograph, or negative of a photograph, whether there shall

��(q) Rex V. Willetts (1906), Cop. Cas. 1905-10, p. 27 ; The Times, January 20.

(r) RexY. Bokenham (1910), Cop. Cas. 1905-10, p. 290.

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