Page:The copyright act, 1911, annotated.djvu/55

 Rights. 43

pecting, that an offence was being committed. 'This is a § 2 (3). vei-}' valuable jn-ovision for the jJi'oprietor of dramatic rights, and will considerably strengthen his hands against the tenant or occupiei- of premises upon which an un- authorised performance takes place. Under existing law, he had to prove that such person wilfully caused or per- mitted the unauthorised performance, knowing it to be unauthorised (p). This was a heavy burden of proof, and the Courts were frequently constrained to hold that knowledge was not proved in cases where the circum- stances were undoubtedly suspicious {q).

It will be observed that the operation of the sub-section Section is not confined to dramatic and musical works. The right applicable to of public performance exists in all works which are capable readings and of being acoustioally represented, or which have a dramatic lectures, element capable of visual representation. This sub- section appears, therefore, to ajjply to the unauthorised delivery of a lecture, or to a public reading or recitation,, as well as to tliie performance of dramatic and musical works.

Reading sub-sect. 2 (1) and 2 i^3) together, the offences Summary of

which are actionable, and in respect of Avhich damages o^ences

11^ ^ aii-amst per-

can be recovered, are: — forming

(1) Performing or causing to be performed; ^ °

(2) In the case of a pToprietor, tenant or occujaier of

a theatre or othea- building, permitting the building to bo used for private performance, provided —

(a) he does so for jDrivate j^rofit;

(b) he is unable to prove that he was in- nocent as to the unlawful nature of the ipev- formance.

If the proprietor, tenant or occupier of a theatre, or Where lessee, other building not only permits the performance to take ^^- °^ place, but also causes the performance in the sense that the per- the actual performers are his servants or agents (qq), then formance. it seems reasonably clear that ho may be sued under

��(p) Copyright (Musical Compositions) Act, 1S88, s. 3.

(7) 3Ioia V. Coiwif'f Theatre, Ltmitfd (1903), Cop. Cas. 1901-4, p. 42, The Times, February 4 ; Sarpy v. Holland. [1908] 2 Ch. 198.

{qq) L>ion v. luwicles (1863), 3 B. & S. 556 ; Jii/sseli v. Briant (1849), ^ C. B. 836.

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