Page:The copyright act, 1911, annotated.djvu/88

 76 profits must be apportioned according to the relative value of the piratical with the non-piratical matter.

(4) Delivery Up.

If proceedings are taken under sect. 7, delivery up may be claimed and the copies may be appropriated to the plaintifl for his own use. Apart from this section, the Court has jurisdiction in all cases of infringement to order the delivery up of infringements for destruction or can- cellation of the infringing parts.

(5) Accounts.

The usual claim is for "proper accounts," and where the plaintiff is successful in establishing an infringement, he is entitled to accounts showing the number of copies printed, the cost of production, the number of copies sold or distributed, and the proceeds from the sales, all properly vouched by vouchers and affidavits. The plaintiff is entitled to an order for all proper accounts before he decides whether to claim damages or profits. If the accounts do not show a net profit equivalent to the loss which he believes that he has sustained, he may elect to claim damages and ask for an inquiry as to damages.

On an interlocutory application for an injunction the defendant may undertake to keep an account of profits until the trial; but, strictly, the right to an account depends on the right to an injunction, and will not be ordered where the case for an injunction fails.

(2) The costs of all parties in any proceedings in respect of the infringement of copyright shall be in the absolute discretion of the Court.