lectures to be 33 VICTORIA, printing copying or publishing of any lecture or lectures or parts No. 350. thereof, of which notice not to print lithograph or otherwise copy and copy and publish publish the same shall not have been published twice at least in some paper generally circulating in the place where such lecture or lectures shall be delivered two days at least before delivering the same, or to any lecture or lectures delivered in any university public school or college, or on any public foundation or by any individual by virtue of or according to any gift endowment or foundation. given by public advertisement. Copyright in paintings drawings sculpture engravings photographs. 25 & 26 Vict. c. 68 s. 1. Copyright not to prevent represen PART III.-Copyright oF FINE ARTS. 36. That the author, being a British subject or resident in Victoria, of every new and original painting drawing work of sculpture engraving and photograph which shall be or shall have been made in the colony of Victoria,(a) and shall not have been sold or disposed of before the commencement of this Act, and his assigns shall have the sole and exclusive right of copying photographing engraving reproducing and multiplying such painting drawing work of sculpture engraving and the design thereof, or such photograph and the negative thereof, by any means and of any size for the term of fourteen years as regards such painting drawing work of sculpture and engraving, and for the term of three years as regards such photograph and the negative thereof: Provided that when any painting drawing work of sculpture engraving photograph or the negative of any photograph shall for the first time after the passing of this Act be sold or disposed of, or shall be made or executed for or on behalf of any other person for a good or a valuable consideration, the person so selling or disposing of or making or executing the same shall not retain the copyright thereof unless it be expressly reserved to him by agreement in writing signed at or before the time of such sale or disposition by the vendee or assignee of such painting drawing work of sculpture engraving photograph or of such negative of a photograph, or by the person for or on whose behalf the same shall be so made or executed, but the copyright shall belong to the vendee or assignee of such painting drawing work of sculpture engraving photograph or of such negative of a photograph, or to the person for or on whose behalf the same shall have been made or executed; nor shall the vendee or assignee thereof be entitled to any such copyright unless at or before the time of such sale or disposition an agreement in writing signed by the person so selling or disposing of the same or by his agent duly authorized in writing shall have been made to that effect.") 37. That nothing herein contained shall prejudice the right of tation of subject any person to copy or use any work in which there shall be no copyright, or to represent any scene or object notwithstanding that there may be copyright in some representation of such scene or object. of works. Ib. s. 2. Books for registration of 38. That there shall be kept at the registry to be appointed "Paintings" &c. under and by virtue of this Act a book or books entitled "The Register of Proprietors of Copyright in Paintings, Drawings, Works Ib. s. 4. (a) Exhibition of articles in this section protected. 36 Vict. No. 422 s. 4, "Patents (Exhibitors, Protection)." (b) This proviso, providing for a reservation of the copyright on the first sale of a photo graph, does not apply to the sale of photographs taken by the intervention of a negative, but only to an original photograph not taken through the intervention of a negative.-Pyrke v. Nettleton, 3 V.R. (L.), 6. No. 350. of Sculpture, Engravings, and Photographs," wherein shall be 33 VICTORIA, entered, upon payment of the fee provided by virtue of this Act in that behalf, a memorandum of every copyright to which any person shall be entitled under this Part of this Act, and also of every subsequent assignment of any such copyright, and such memorandum shall contain a statement of the date of such agreement or assignment, and of the names of the parties thereto, and of the name and place of abode of the person in whom such copyright shall be vested by virtue thereof, and of the name and place of abode or place of business of the author of the work in which there shall be such copyright, together with a short description of the nature and subject of such work,(a) and in addition thereto, if the person registering shall so desire, a sketch outline or photograph of the said work; and no proprietor of any such copyright shall be entitled to the benefit of this Part of this Act until such registration, and no action shall be sustainable nor any penalty be recoverable in respect of anything done before registration: Provided that the omission to register any copyright under this Part of this Act shall not affect such copyright but only the right to sue or proceed in respect of the infringement thereof. this part. 39. That the provisions and enactments contained in Part II. Certain proviof this Act with regard to and in connection with the keeping of the sons of Part II. register books thereby required, the searches therein, and the delivery to be kept under of certified and stamped or sealed copies thereof, the reception of 25 & 26 Vict. such copies in evidence and the cancelling or amending entries in c. 68 s. 5. such register books shall apply to the book or books to be kept by virtue of this part and to the entries and assignments of copyright and proprietorship therein under this part as fully and effectually to all intents and purposes as if such provisions and enactments were expressly enacted in this part in relation thereto: Provided that the forms of every kind prescribed by the said Part II. may be varied to meet the circumstances of each case. infringement of 40. That if the author of any such painting drawing work of Penalties on sculpture engraving or photograph in which there shall be subsisting copyright. copyright after having sold or disposed of such copyright, or if any Ib. s. 6. other person not being the proprietor for the time being of copyright in any such painting drawing work of sculpture engraving or photograph, shall without the consent of such proprietor repeat copy colourably imitate or otherwise multiply for sale hire exhibition or distribution any such work or the design thereof or knowing that any such repetition copy or other imitation has been unlawfully made shall import into any part of the colony of Victoria, or sell publish let to hire exhibit or distribute or offer for sale hire exhibition or distribution or cause or procure to be imported sold published let to hire distributed or offered for sale hire exhibition or distribution any repetition copy or imitation of the said work or of the design thereof made without such consent as aforesaid, such person for every such offence shall forfeit to the proprietor of the copyright for the time being a sum not exceeding ten pounds, and all such repetitions copies and imitations made without such consent as aforesaid, and (a) The description of a photograph, as "Collins street from Queen street, looking east," is sufficient for the purpose of registration under this section,-Pyrke v. Nettleton, 3 V.R. (L.), 6. 33 VICTORIA, all negatives of photographs made for the purpose of obtaining such copies, shall be forfeited to the proprietor of the copyright. No. 350. Penalties on fraudulent productions and sales. 25 & 26 Vict. c. 68 s. 7. Recovery of penalties. 41. That no person shall do or cause to be done any or either of the following acts, that is to say: (1.) No person shall fraudulently sign or otherwise affix or fraudulently cause to be signed or otherwise affixed to or upon any such painting drawing work of sculpture engraving or photograph or the negative thereof any name initials or monogram. (II.) No person shall fraudulently sell publish exhibit or dispose of or offer for sale exhibition or distribution any such painting drawing work of sculpture engraving or photograph or negative of a photograph having thereon the name initials or monogram of a person who did not execute or make such work. (III.) No person shall fraudulently utter dispose of or put off or cause to be uttered or disposed of or put off any copy or colourable imitation of any such painting drawing work of sculpture engraving or photograph or negative of a photograph, whether there shall be subsisting copyright therein or not, as having been made or executed by the author or maker of the original work from which such copy or imitation shall have been taken. (IV.) Where the author or maker of any such painting drawing work of sculpture engraving or photograph or negative of a photograph made before or after the passing of this Act shall have sold or otherwise parted with the possession of such work, if any alteration shall afterwards be made therein by any other person by addition or otherwise no person shall be at liberty during the life of the author or maker of such work without his consent to make or knowingly to sell or publish or offer for sale such work or any copies of such work so altered as aforesaid or of any part thereof as or for the unaltered work of such author or maker. Every offender under this section shall upon conviction forfeit to the person aggrieved a sum not exceeding Ten pounds, or not exceeding double the full price (if the same amount to ten pounds at least) at which all such copies engravings imitations or altered works shall have been sold or offered for sale; and all such copies engravings imitations or altered works shall be forfeited to the person or the assigns or legal representatives of the person whose name initials or monogram shall be so fraudulently signed or affixed thereto or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid: Provided always that the penalties imposed by this section shall not be incurred unless the person whose name initials or monogram shall be so fraudulently signed or affixed or to whom such spurious or altered work shall be so fraudulently or falsely ascribed as aforesaid shall have been living at or within twenty years next before the time when the offence may have been committed. 42. That all pecuniary penalties which shall be incurred and all such unlawful copies imitations and all other effects and things as shall No. 350. have been forfeited by offenders pursuant to this part of this Act may 33 VICTORIA, be recovered by the proprietor against whom the offence shall have been committed or by the person herein before empowered to recover 25 & 26 Vict. the same respectively, either by action against the party offending or c. 68 s. 8. by summary proceeding before any two justices having jurisdiction where the party offending resides or has his place of business. pirated works 43. That all repetitions copies or imitations of paintings Importation of drawings works of sculpture engravings or photographs wherein or prohibited. in the design whereof there shall be subsisting copyright under this ib. s. 10. part of this Act, and all repetitions copies and imitations of the design of any such painting drawing work of sculpture engraving photograph or of the negative of any such photograph, which contrary to the provisions of this Part of this Act shall have been made in the colony of Victoria or elsewhere, are hereby absolutely prohibited to be imported into the said colony of Victoria, except by or with the consent of the proprietor of the copyright thereof or his agent authorized in writing; and if the proprietor of any such copyright or his agent shall declare that any goods imported are repetitions copies or imitations of any such painting drawing work of sculpture engraving or photograph, or the negative of any such photograph, and so prohibited as aforesaid, then such goods may be detained by the officers of Her Majesty's customs in Victoria. to bring action 44. That if the author of any such painting drawing work of Saving of right sculpture engraving or photograph, in which there shall be subsisting for damages. copyright after having sold or otherwise disposed of such copyright, Ib. s. 11. or of any other person not being the proprietor for the time being of such copyright, shall without the consent of such proprietor repeat copy colourably imitate or otherwise multiply or cause or procure to be repeated copied colourably imitated or otherwise multiplied for sale hire exhibition or distribution, any such work or the design thereof or the negative of any such photograph, or shall import or cause to be imported into the colony of Victoria, or sell publish let to hire exhibit or distribute, or offer for sale hire exhibition or distribution, or cause or procure to be sold published let to hire exhibited or distributed, or offered for sale hire exhibition or distribution, any repetition copy or imitation of such work or the design thereof, or the negative of any such photograph made without such consent as aforesaid, then every such proprietor in addition to the remedies hereby given for the recovery of any such penalties and forfeiture of any such things as aforesaid may recover damages by and in a special action on the case to be brought against the person so offending, and may in such action recover and enforce the delivery to him of all unlawful repetitions copies and imitations and negatives of photographs, or may recover damages for the retention or conversion thereof: Provided that nothing in this section contained, nor any proceeding conviction or judgment for any act in this Part of this Act forbidden, shall affect any remedy which any person aggrieved by such act may be entitled to either at law or in equity. MISCELLANEOUS.-GENERAL PROVISIONS. receiving gratui 45. That if any registrar under this Act or any other person Registrar &c. employed under or by virtue of this Act either demand or receive ties punished. any gratuity or reward in money or otherwise except the salary or 5 & 6 Viet. c. 100 s. 19. No. 350. 33 VICTORIA, remuneration authorized by the Governor he shall forfeit for every such offence Fifty pounds to any person suing for the same by action of debt in any court of competent jurisdiction, and he shall also be liable to be either suspended or dismissed from his office and rendered incapable of holding any situation in the said office or the public service of the colony of Victoria. Making false entries decla rations &c. a misdemeanor. 5 & 6 Vict. c. 45 8. 12. Copyright to be personal property. 25 & 26 Vict. c. 68 s. 3. Limitation of actions proceedings &c. 8. 26. 46. That if any person shall wilfully and knowingly make or cause to be made any false entry in any registry book under this Act, or shall wilfully and knowingly produce or cause to be produced or tendered in evidence any paper or parchment falsely purporting to be a copy of any entry in any such registry book, he shall be guilty of an indictable misdemeanor, and shall on conviction thereof be imprisoned for any term not exceeding three years with or without hard labor. 47. That all proprietorship copyright and sole liberty under this Act shall be deemed personal property and be assignable at law and transmissible by bequest, and in case of intestacy shall be subject to the same law of distribution as other personal property; and every assignment thereof or of any part thereof and every license to use or copy by any means or process whatsoever the design article work or substance which shall be the subject of such copyright shall be made by some note or memorandum in writing to be signed by the proprietor of the copyright or his agent appointed for that purpose in writing. 48. That all actions suits bills indictments or informations for any offence that shall be committed against this Act shall be brought 5 & 6 Vict. c. 45 sued laid and commenced within twelve calendar months next after such offence committed, or else the same shall be void and of none effect: Provided that such limitation of time shall not extend or be construed to extend to any actions suits or other proceedings which under the authority of this Act shall or may be brought sued or commenced for or in respect of any copy or copies of books to be delivered for use of the Melbourne Library herein before mentioned. Judge of Su make orders for 49. That in any action in any court of competent jurisdiction in preme Court can Victoria for the infringement of copyright under any Part of this Act it shall be lawful for any judge of such court on the application of the plaintiff or defendant to make such order for an injunction inspection or account, and to give such directions respecting such action injunction inspection or account and the proceedings therein respectively as to such judge may seem fit. Amending vary entries in or from 5 & 6 Vict. c. 45 s. 14. 50. That it shall be lawful for the registrar to amend any entry ing or expunging in any registry book under this Act upon application in writing in registry. that behalf stating the amendment required by the proprietor or part or limited proprietor of the registered design copyright or sole liberty to which such entry refers, and upon proof to the satisfaction of such registrar that such entry requires the amendment so applied for, and upon payment of the fee provided by virtue of this Act in that behalf: Provided that upon the refusal of such registrar to amend as aforesaid such proprietor may apply to the Supreme Court of Victoria or any judge thereof for an order that such entry be amended as required; and such court or judge shall make such |