Page:The copyright act, 1911, annotated.djvu/91

 Civil Remedies. "^9

On the other hand, as the discretion is stated to be abso- § 6 (2). lute, it would seem that, however capriciously a judge does in fact act, no appeal will lie against any order made by him as to costs.

(3) In any action for infringement {u) of copy- § 6 (3). right (x) in any work, the work shall be presumed to be a work in which copyright subsists and the plaintiff shall be presumed to be the owner (i/) of the copyright, unless the defendant puts in issue the existence of the copyright, or, as the case may be, the title of the plaintiff, and where any such question is in issue, then —

(a) if a name purporting to be that of the

author (.e) of the work is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the author of the work ;

(b) if no name is so printed or indicated, or if

the name so printed or indicated is not the author's true name or the name by which he is commonly known, and a name pur- porting to be that of the publisher or pro- prietor of the work is printed or otherwise indicated thereon in the usual manner, the person whose name is so printed or indicated shall, unless the contrary is proved, be presumed to be the owner

��(m) Sect. 2. (x) Sect. 1 (2).

(y) Sect. 5. (:: Sects. 16 (2), 19 (1), 21.

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