Page:The copyright act, 1911, annotated.djvu/96

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��Copyright Act, 1911.

��§7.

��as those from which they are derived, are to be deemed cojDies or colom^ablc imitations: —

A translation of a literary work.

A dramatised version of a non-dramatic work.

A non-dramatic version of a dramatic work.

An abridgment of a literary work.

An engraving or sketch taken from a painting.

��Question whether innocence affords any defence.

��Infringing. If a rej)roduction is a copy or colourable imitation of

the whole or part of a work, then it is an infringing cop3^ if it is made or imported in contravention of the pro- visions of the Act, that is to say, if it is (1) made in contravention of the exclusive right of production con- ferred by sect. 1; (2) imported in contravention of sect. 2 (2), that is, with knowledge that it would have infringed copyright if made in that part of the dominions into which it is imported; or (3) imported in contraven- tion of sect, l-i, that is, a copy imported into the United Kingdom which, if made in the United Kingdom, would have infringed copyright, and as to which notice has been given to the Commissioners of Customs.

It will be observed that proceedings under this section may be taken against any person who has obtained posses- sion of an infringing coj)y, and it is not necessary to show that the defendant has infringed copyright within the meaning of sect. 2. Ho may be quite innocent of in- fringement and have no knowledge of infringement. It is submitted that the provisions of sect. 8 do not apply to an action brought under sect. 7. Such an action is not brought in respect of infringement of copyright, but in respect of the detinue or conversion of the plaintiff's pro- perty. The fact that the copies became the plaintiff's property because they were infringing copies does not affect the character of the action brought against the person who has such eopies in his possession. It is sub- mitted that the defendant, in an action of trover or con- version under this section, cannot escape liability on the ground that he was not aware, and had not means of making himself aware, that copyright subsisted in the plaintiff's work. Conversion. In SO far as the defendant has had possession of the

copies and parted with them, an action lies for conversion

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