Page:The copyright act, 1911, annotated.djvu/38

§2 (1)

Infringement of copyright.2.—(1) Copyright^[1] in a work shall be deemed to be infringed by any person who, without the consent^[2] of the owner^[3] of the copyright, does anything the sole right to do which is by this Act conferred on the owner of the copyright^[1]: 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 summary^[4]:

Any invasion of the statutory monopoly.The three monopolies conferred by the Act are—

(1) The right to produce or reproduce in material form;

(2) The right to perform;

(3) In the case of an unpublished work the right to publish.

Acts done by servants or agents.The existing Copyright Acts enact that it shall be an infringement to do or cause to be done the acts in respect of which the monopoly is conferred. Instead of this the new Act makes it a part of the monopoly "to authorise any such acts as aforesaid." It is doubtful whether the alteration in the wording makes any substantial difference. It was held, under the existing Acts, that a person did not cause a printing or performance, as the case might be, unless he did it by his servant or agent^[5]. A person is responsible for the acts of those in his service, provided they are acting in the course of their employment. He is not, however, responsible for the acts of an indepen-

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1. Sect. 1 (2).
2. Sect. 5 (2).
3. Sect. 5.
4. See also sect. 2 (1) (v) and sect. 20.
5. Lyon v. Knowles (1863), 3 B. & S. 556; Russell v. Briant (1849), 8 C. B. 836; Karno v. Pathé Frères (1909), 100 L. T. 260; Newmark v. National Phonograph Co. (1907), 23 T. L. R. 439; Kelly's Directories v. Gavin and Lloyds, [1901] 1 Ch. 374.