Page:The copyright act, 1911, annotated.djvu/94

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��Copyright Act, 1911.

��6(3).

��Question where work is issued consecutively by two or more publishers or proprietors.

��Difficulty might arise where the property in a work has changed hands, and the work, after liaving been issued in the name of one publisher or proprietor, is then issued in the name of another publisher or proprietor. If two copies are put in evidence, one in the name of one publisher and the other in the name of another, then the presumjition will arise in favour of the publisher named on the copy which was first published, and it is submitted that if the publisher named on the copy more recently jDublished de- sires to have the benefit of the presumption, he must trace his title from the publisher named on the cop}' which was first published.

��Existing law.^A certified copy of an accurate entry in the Book of Eegistrj" at Stationers' Hall is prima facie proof of the copyright as therein recorded. This applies to copyright in books {h) (including the title of the proprietor of a collective work under the provision of sect. 18 of the Copyright Act, 1842 (c)), per- forming right in plays and music ('/), and copyright in paintings, drawings, and photographs (e). It does not apply to copyright in engravings or sculpture in respect of which no provision is made ior prima facie proof of title.

��§ 7. 7. All infringing copies (/) of any work in

Eights of which copyright [g) subsists, or of any substantial p^ons""^^^'* part thereof, and all plates (/^) used "or intended orieaiin^ to be uscd for the production of such infringing y'jth P; copies, shall be deemed to be the property of the copies, &c. owner (/) of the copyright, who accordingly may take proceedings for the recovery of the possession thereof or in respect of the conversion thereof.

��Scope of section.

��case

��This section j^rovidcs a very valuable remedy in the of infringement of copyright. If the infringements

��Cop. Gas.

��{b) Copyright Act, 1842 (5 & 6 Vict. c. 45), s. 11.

(c) Black V. Imperial Book Co. (1904), 8 Ont. L. I 1901-4, p. 82.

{d) Copyright Act, 1842 (5 & 6 Vict. c. 45), s. 20 ; Hardacre v. Arm- strong (1905), Cop. Gas. 1905-10, p. 3

(e) Fine Arts Copyright Act, 1862 25 & 26 Vict. c. 68), ss. 4, 5.

(/) Sect. 35 (1) (" Infringing "\

[g) Sect. 1 (2).

\h) Sect. 35 (1) ("Plates").

(j) Sect. 5.

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