Page:The copyright act, 1911, annotated.djvu/84

 72

��Copyright Act, iDll.

��§6(1).

Civil remedies for infringe- ment of copyright.

��Civil Remedies.

6 — (1) Where copyright («) in any \York has been infringed (/>), the owner of the copyright (c) shall, except as otherwise provided by this Act (J), be entitled to all such remedies by way of injunc- tion or interdict, damages, accounts, and other- wise, as are or may be conferred by law for the infringement of a right.

��Meaning of " where copy right . . . has been infrino-ed."

��Infringement of copyright is defined in sect. 2, and includes (1) acts done in direct invasion of the monopoly; (2) incidental acts such as selling, importing and other- wise dealing with infringements, knowing them to be such. In addition, the statute by sect. 16 prohibits the importation of copies of a work if such copies have been made outside the United Kingdom; and by sect. 7 all in- fringing copies of a work, that is, copies made or imported in contravention of the provisions of the Act, are deemed to be the property of the proprietor of the copyright, and he may bring an action for detinue or conversion. The importation of copies prohibited by sect. 16 or the possession or dealing with infringing copies is not specifi- cally stated to be an infringement of copyright, and there- fore it may be said that such cases do not come within the words, " where copyright .... has been infringed." There can, however, be no doubt that if an action were brought under sect. 16 or sect. 7 all the common law remedies would apply, and the plaintiff would be entitled to the same relief as if such cases had been specifically mentioned in this sub-section. Where a right is created by statute, and no specific remedy is provided, the

��{«) Sect. 1 (2).

��{b) Sect. 2. id) Sects. S, 9.

��ic) Sect. 5.

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