Page:The copyright act, 1911, annotated.djvu/51

 Rights. 3^

would, prima facie, infringe the sole right of visual ro- § 2 (1) (vi). presentation of the dramatic action in the work, and being more than a bare reading or recitation, would prob- abl}^ not bo within the privilege granted by the para- graph. It may be noted that in sect. 11 (2\ which makes an unauthorised public performance an offence punishable on summary conviction, there is no saving clause which excludes from its operation a reading or recitation by one person of a reasonable extract, and the question arises whether the Court would not bo bound to convict such a performer, although ho could not be proceeded against in a civil action.

Existing law. — The exclusive right of reading or recitation is vested in the author for the first time as part of the right of per- formance. Under the existing statutes there is no such exclusive right in any literary work. Even lectures, pieces for recitation and dramatic works are unprotected from public reading or i-ecitation.

(2) Copyrig-lit (t) in a work sliall also be deemed § 2 (2). to be infringed by any person who —

(a) sells or lets for hire, or by way of trade

exposes or offers for sale or hire ; or

(b) distributes either for the purposes of trade

or to such an extent as to affect pre- judicially the owner (u) of the copyright ; or

(c) by way of trade exhibits in public ; or

(d) imports for sale or hire into any part of

His Majesty's dominions to which this

Act extends (.v), any work which to his knowledge infringes (?/) copyright or would infringe copyright if it had been made within the part of His Majesty's dominions in or into which the sale or hiring,

��(t) Sect. 1 (2).

(«) Sect. 5.

(.r) Sects. 2.") (1), 26 (1), 27, 28, 35 (1) ('< Self-governing dominion").

{>/) Sect. 2 (1).

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