Page:The copyright act, 1911, annotated.djvu/56

44 § 2 (3). sect. 2 (1) for a direct infringement of the monopoly of the sole right of performance, and proof of innocence on his part would afford no defence.

No reservation of performing right by printed notice or otherwise is in any case necessary to preserve the full right of public performance.

Existing law.—Performing right exists only in the case of dramatic and musical works. Briefly the law relating to the infringement of such right is as follows:—

( 1 ) Dramatic piece —

(i) a penalty of 40s. for each performance may be recovei-ed by the owner of the performing right if the defendant performs or causes the piece to be performed, that is, initiates or directs the performance or performs by himself, his servants or agents (?•) ;

(ii) damages may be recovered if the defendant performs or causes or permits to be performed (s) ;

(iii) costs follow the event and are not in the discretion of the Court {t) ;

(2) Musical composition —

The same remedies as in the case of a dramatic piece, but subject to the provisions of the Copyright (Musical Compositions) Act, 1SS8, that —

(i) the award of the 4i. penalty is not obligatory, and the Court may award any less sum, including nominal damages only(*0 ;

(ii) the costs are in the absolute discretion of the Court (:r) ;

(iii) the proprietor, tenant, or occupier of any theatre or other building where the performance takes place is not liable, unless he wilfully caused or permitted the performance (?/).

The enjoyment of performing right in musical com- positions is"^ also subject to the provisions of the Copy- right (Musical Compositions) Act, 1882, under which the printing of a notice of reservation upon each published copy of the music is a condition precedent of the further enjoyment of the performing right therein (2).

��{)•) Dramatic Copyright Act, 1833 (3 >!v: 4 Will. IV. c. 15), s. 2.

(«) Copyright Act, lS-12 (5 & 6 Vict. c. 4.j). s. 20.

(4 Dramatic Copyright Act, 1833 (3 & 4 Will. IV. c. 15), s. 2, amended by 5 ct 6 Vict. c. 97, s. 2 ; lieevr v. Gihsoii, [1891] 1 Q. B. 652 ; Averi/ v. Wood, [1891] 3 Ch. 115 ; H(nker v. JFuod (1S85), 54 L. J. Q. B. 419.

(u) Copyright Musical Compositions) Act, 1888, ss. 1, 4.

(.(■) Sect. 2.

(y) Sect. 3.

(r) 45 & 46 Vict. c. 40.

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