Page:The copyright act, 1911, annotated.djvu/138

 126 Copyright Act, 1911.

��§19(2). (2) It shall not be deemed to be an infringe-

ment(^^) of copyright in any musical work for any person to make within the parts of his Majesty's dominions to which this Act extends records, perforated rolls, or other contrivances by means of which the work may be mechanically performed, if such person proves —

(a) that such contrivances have previously been

made by, or with the consent or acqui- escence of, the owner (u) of the copyright in the work ; and

(b) that he has given the prescribed notice of

his intentioii to make the contrivances, and has paid in the prescribed manner to, or for the benefit of, the owner of the copyright in the work royalties in respect of all such contrivances sold by him, calculated at the rate herein-after men- tioned : Provided that —

(i) nothing in this provisiori shall authorise any alterations in, or omissions from, the work reproduced, unless contri- vances reproducing the work subject to similar alterations and omissions have been previously made by, or with the consent or acquiescence of, the owner of the copyright, or unless such alterations or omissions are reasonably necessary for the adaptation of the work to the contrivances in question : and

{(.) Sect. 2. («) Sect. o.

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