Page:Indian Copyright Act 1847.djvu/2

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618
[1847.
THE LEGISLATIVE ACTS OF THE

5. Proprietor of Copyright may have entry made in the Registry book of specified particulars on payment of two rupees; and registered proprietor may assign his interest, by making entry of such assignment, &c., in the name of assignee, &c., and such assignment, shall be of same force as if made by deed.

6. Person deeming himself aggrieved by entry in Registry may apply to Supreme Court or to Judge to order entry to be expunged; and Judge may make such order for expunging, varying, &c., as he may deem just, with or without costs, and Secretary of Government shall carry out such orders.

7. Any person who shall print, &c., for sale, &c., any book in which Copy-right subsists, without consent in writing of proprietor, or who shall have in his possession for sale, &c., any such, shall be liable to special action on the case, or to suit in Zillah Court or other highest local Court.

8. In action in Supreme Court, brought under this Act, defendant to give notice in writing of the objection constituting his defence, and if the nature of his defence is a denial of the Plaintiff's Copyright, defendant shall specify in notice the name of person whom he alleges to be proprietor, name of book, &c., otherwise he shall not at the trial, &c., be allowed to prove plaintiff not the first proprietor, &c., and no other objection than is stated in the notice, &c., shall be given in evidence.

9. In action in Zillah or other local Court, such matters as above are required to be stated in notice, shall be stated in answer.

10. Any publisher, &c., of Encyclopædia, Magazine, Periodical, or work published in parts, or series of books, who shall have projected, &c., but have employed others to compose the same, on the terms that the Copyright shall belong to such publisher, &c., shall enjoy the same right and term of Copyright as if he were the actual author, except that in case of Essays, &c., first published in reviews, &c., the right of publishing same in separate form shall revert to author, after twenty-eight years, for the remainder of the term of Copyright. and during the term of twenty-eight years projector, &c., not to publish such essays, &c., in separate form. Proviso in favor of rights expressly reserved by contract.

11. Proprietor of Encyclopædia, Review, &c., entitled to all the benefits of registration, &c., by making specified entry in Registry Book.

12 and 13. All copies of registered books which have been unlawfully printed shall belong to registered proprietor of Copyright, who, after demand in writing, may sue for damages for detention thereof, or (13) within the limits of Supreme Court in action of detinue or trover, or in Zillah or other local Court: in the usual form.

14. No proprietor of Copyright to maintain any legal proceedings under this Act for infringement of any but registered Copyright.

15. In actions in Supreme Court for any thing done in pursuance of this Act, defendant may plead general issue, and give special matter in evidence: and defendant succeeding to have his full costs.

16. All actions, &c., informations, &c., for any offence committed against this Act, to be brought within 12 calendar mouths after offence committed.