Section 0

Chapter IV: . PART 111. - SUPPLEMENTAL - PBOVISIONS. - `$1,` Abr~ga$ion of ooipnop~law rights. 32. Provisi~ps as $0 Orders in Counoil. 33. Saving of uni~ersity wpyrigbt. - `84,` ,Saving 9f ~~lpgeqsation, to oe~tain libraries. `35.` ln&rpretation. 36. Qepeal. - 3-7.~~hort title and commencement. SCHBDULES. 1 . Copyright. - - --t ACT TIT,-- (The F i ~ s t flchedule.-- Polqtiom qf the Copy~ight Act, 1911, applicable to British Imdia.) Chapter 46. AN ACT TO AMEND AND GO WSOLIDATE TEE -. LAW RELATINQ TO COPY RIGHT. `[16~a` DEOEXBER, `1911.1` Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Co~nmona in this present Parliament assembled, and by the authority of the same, as follows :- PART I. `1,` ,(I) Subject to the provisions of this Act, copyright shall subsist throughout the parts of His Majesty's dominions to which this Act extends for the term hereinafter mentioned in every original literary dramatic musical and artistic work, if- Copyright. (a) in the case of a published work, the work was first published within such parts of His Majesty's dominions `as` aforesaid ; and (b) in the case of an unpublished work, the author was at the date of the making of the work a British sul~ject or resident within such parts of His 14ajesty's dominions as aforesaid ; Chapter IV: . but in no other works, except so far as the protection conferred by this Act is extended by Orders in Council thereunder relating to self -governing dominions to which this Act dow not extend and to foreign countries. (2) POP I , I ( `The` Fifest `Xchedale.` - Po?-tiofis of the 191 `I,~PP~icn&l-e--t~~?'iii5SX~%dia.)`_ the C3g222G~~/~t-&7~.-- (2) .For the purposes of this Act, " copyright " means the sole right to produce or. reproduce the mTork or any substantial part thereof in any material fo1.m what,soever, to perform, or in the case of a lecture to deliver, the work or any substantial part thereof in public ; if the work is unpublished, to lmublish the work or any substantial part thereof ; and shall include the sole right- - ~ - (a) to produce, reproduce, perform, or publish any transla,tion of the work ; - ( B ) in the case of a dramatic work, to convert it into a novel or other non-dramatic - `(c)` in the case of a novel or other noii-dramatic work, or `of` an artistic work, to convert it into a dramatic work, by way of performance in aublic or otherwise ; - (cl) in the case of a literary dramatic or musical work, to make any record, perforated roll, oinematograph film, or other contrivance by means of which the work may be - - mechanically rerforrned or delivered ; and to authorise any such acts as aforesaid. Chapter IV: . (5) For the purposes of this Act, pul~lication, in relation to any work, means the issue of copies of the work to tho public, and does not include the performance in public of a dramatic or musical work, the delivery in public of a lecture, the exhibition in public of an artistic work, or the const~uction of an architectural work of art, but, for the purposes of this provision, the*-issue of photograplls and engravings of works of sculpture andarchitectural works of art shall not be deemed to be publication of. `2.` (1) Copyright in a work sllall be deemed to Infyil1g"cnt be infringed by any person who, without the consent f the omrller of the copyright, does anything the sol0 . - a - - T ~k.~t~8ched~Ze~-Politio~s ~ ~ t ~ e C o p ~ ~ i ~ h t - - - A - c ~ - - - j911, applicable to Bvitish I)&&.) right to do which is by this Act conferred on the owner of the copyright : Provided that the following acts shall not constitute an infringement of copyright :- (i) Any fair dealing with any work for the purposes of private study, research, criticism, review, or newspaper aummary : (ii) Where the author of `al;` artistic work is no$ the owner of the copyright therein, ths use by the asthor of any mould, cast, sketch, plan, model, or study rna,de by him for the purpose of the work, provideif that he dor+~ not, thereby repeat or imitate the main design of that work : Chapter IV: . (iii) The making ,or publishing of paintings, drawings, engravings, or photographs of a work of sculpture or artistic craftsmanship, if permanently situate in `ta.` public place or building, or the making or publishing of paintings, drawings, engravings or photographs (which are not in the nature of architectural d1.swings or plans) of any architectural work of art : i I [iv) The publication in a collection, mainly composed of %on-copyright matter, born6 fide intended TOP the use of schools, and so described in the title and in any adve~tisements issued by the publisher, of short passages b-om published literary works not themselves published for the use of sch,ools in which copyright subsists : Provided that not more than two of such passages from works by the same author are published by the same publisher within five years, and that the source from which such passages are taken is acknowledged : J (v) The publicatfort in a newspaper of a report sf a lecture delivered in public, unless the report Wl4.] Capy piglit. 19 (T4e P4mt SchedaL.-Pmtims `Of` the C09yodgilt Act, 1911, apyjicable to B ~ i t i s h `India.)` Chapter IV: . report is prohibited by conspicuous written or printed notice affixed before and maintpined during the lecture at or about the main entrance of tho building in which the lecture is given, and,' except whilst the building is being used for public worship, in a position near the lecturer ; but nothing in this paragraph shall affect the provisions in paragraph (i) as to newspaper summaries : - (vi) The reading or recitation in public by one person of any reasonable extract from any published work. - (2) Copyright in a work shall also be deemed to - be infringed by any person who- - (a) sells or lets for hire, or by way of trade exposes or offers for sale or hire ; or - (6) distributes either for the purposes of trade or to such an exfent as to affect prejudicially the owmr of the copyright ; or ,' - ( c ) by way of trade exhibits in public ; or - (d) imports for sale or hire into any part of His Majesty's dominions to which this Act extends, .any work which to his knowledge infringes copyright o'i~wou~d_infringe copyright if it had been made within tha part. of His Najesty's dominions in or into wliicb tlie sa$e or hiring, exposure, offering for sale or hire, ,distrib~tion, exhibition, or importation took place. Chapter IV: . (3J Qo~yiijght- in a work shall also be deemed to be i~fringed.:hy as$. ~jerson who for his private profit permits.,a- t h e or other place of ente~taiilrnent to be .used for the, performance in public of the work without the c ; o ~ s e ~ t of the owner of the copyright, unles\s, hha waB not t+ware, and had no reasonable ground - c. 8 3 `a` @ b g 1 Term of copyright. - - Compnlsrry Iioonces. `Copyright.` (The `Fimf` Schedule.- `Portions of the Copy~ight` Act, `1911, applicab2e to Bvitisk` Iizdias.) ground for suspecting, that the performance would bo an infringement of copyright. 3, The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author and a period of fifty years after hi^ death : Chapter IV: . Srovided tl~at at any time after the expiratioii of ttrrenty-five years, or in the case of s work in which copyright subsists at the passing of this Act thirty years, frorrl the death of the author of a published work, copyright in the work shall not be deemed ta be infringed by the reproduction of tlie work for salo if the persoiz reproducing tho work proves that he has given the prescribed notice in writing of his intenti011 to reproduce the work, and that he hw paid in the prescribed manner to, or for the benefit, of, the owner of the copyl.iglit royalties in respect of all copies of the work sold by him calculated at the rate of ten per cent on the price at wbich he publishes the work ; and, for the purposes of this proviso, the Board of Trade may make regulations prescribing the mode in which notices are to be given, and tshe particulars to be given in such notices, and the mode, time, and frequency of the payment. of royalties, including (if tlloy think fit) regulations requiring payment in advance or otherwise securing the payment of royalties. Chapter IV: . 4. If, at any time after the death of the author of a literary dramatic or musical work which has been published or performed in public, a complaint is made to the Judicial Committee of the Privy Council that the owner of the copyright in the work has refused to republish or to allow the republication of the work or has refused to allow the performance in public of the work, and that by reason of such refusal the work is withheld from the public, tha owner of the copyright mag bs ordered to grant a licence to reprod71ce the `u` ork or perform the work in public, `as` the case may be, on such terms and subject to such conditions as tlzc Judicial Comlnittee may think fit. 5< (1) 8ubjecb (The Fimt Xchedu1e.-Portioas of I91 I, a~plicable to Bvitish Iadia.) of the Oopy~ight Act, work or his legal personal represen- (d) The saving contained in this Act of the rights and interests arising from, or in connexion with, action taken before tho commencement of this Act shall nof be construed as authorising any person who has made contrivances by means of which the work may be mechanically performed to sell any such contrivances, whether made before or after the passing of this Act, except on the terms and subject to the conditions laid down in this fiection : Chapter IV: . - (e) Where the work is a work on which copyright is conferred by an Order in Council relating to a foreign country, the copyright so conferred shall not, except to such extent as may be provided by the Order, include any rights with respect to the making of records, perforated rolls or other contrivances by means of which the work may be mechanically performed. (8) Notwithstanding anything in this Act where a record, perforated roll, or other contrivance by means of which sounds may be mechanically reproduced has been made before the commencement of this Act, copyright shall, as from the commencement of this Act, subsist therein in like manner and for -the like term as if this Act had be'en in force at the Bate of the making of the original plate from which tbe contrivance was directly or indirectly derived : .Provided that- (i) thc person who, at the commencement of this Act, is the owner of such original ldate shall be the first omrner of such copyright ;