Page:Copyright, Its History And Its Law (1912).djvu/626

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594

COPYRIGHT

Delivery np of pirated works

(jb) If satisfied by evidence that there is reasonable ground for believing that pirated books or pirated artistic works are to be found in any house, shop, or other place — issue a warrant, in accordance with the form prescribed, authorising any constable to search between sunrise and sunset, the place where the pirated books are supposed to be, and to seize and bring them or any books or artistic works rea- sonably suspected to be pirated books or pirated artistic works before a court of summary jurisdic- tion. (2.) A court of summary jurisdiction may, on proof that any books or artistic works brought before it in pursuance of this section are pirated books or pirated artistic works, order them to be destroyed or to be delivered up, subject to such conditions, if any, as the court thinks fit, to the owner of the copyright in the book or artistic work.

53. Power of owner of copyright to require delivery to him of pirated books and works. —

(i.) The owner of the copyright in any book or artistic work, or the agent of such owner appointed in writing, may by notice, in accordance with the prescribed form, re- quire any person to deliver up to him any pirated reproduc- tion of the book or work, and every person to whom such notice has been given, and who has any pirated reproduc- tion of the book or work in his possession or power, shall deliver up the pirated reproduction of the book or work in accordance with the notice. Penalty: Ten Pounds.

(2.) A person shall not give any notice in accordance with this section without just cause. Penalty: Twenty pounds.

(3.) In any prosecution under sub-section (2) of this sec- tion the defendant shall be deemed to have given the no- tice without just cause unless he proves, to the satisfaction of the court at the hearing, that at the time of giving the notice he was the owner of the copyright in the book or ar- tistic work or was the agent of such owner appointed in writing, and had reasonable ground to believe that the per-