Page:Copyright, Its History And Its Law (1912).djvu/624

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592

COPYRIGHT

Objection to title

Limitation of actions

Property in

pirated

works

Penalties

fringement, and to the amount of actual damage incurred by the owner of the performing or lecturing right.

47. Notice of objection to title. — The plaintiff in any ac- tion for the infringement of a right conferred by this Act shall be presumed to be the owner of the right which he claims, unless the defendant in his pleadings in defence pleads that the defendant disputes the title of the plaintiff, and states the grounds on which the plea is founded, and the name of the person, if any, whom the defendant alleges to be the owner of the right.

48. Limitation of actions. (Cf. 5-6 Vict. c. 45, s. 26.) — No action for any infringement of copyright, performing right, or lecturing right under this Act shall be maintain- able unless it is commenced within two years next after the infringement is committed.

49. Property in pirated books or artistic work. — All pi- rated books and all pirated artistic works shall be deemed to be the property of the owner of the copyright in the book or work and may, together with the plates, blocks, stone, matrix, negative, or thing, if any, from which they are printed or made, be recovered by him by action or other lawful method.

50. Penalties for dealing with pirated books. — If any per- son —

(a) sells, or lets for hire, or exposes offers or keeps for sale or hire, any pirated book or any pirated artis- tic work; or

(b) distributes, or exhibits in public, any pirated book or any pirated artistic work; or

(c) imports into Australia any pirated book or any pi- rated artistic work,

he shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding Five pounds for each copy of such pirated book or pirated artistic work dealt with in contravention of this section, and also to forfeit to the owner of the copyright every such copy so dealt with, and also to forfeit the plates, blocks, stone, matrix, nega- tive, or thing, if any, from which the pirated book or pi- rated artistic work was printed or made.