42
��Copyright Act, 1911.
��e 2 (2) Further, in the case of offences sijecified under (a), and, if the
__r__LJ__ . offence lias been committed with knowledge of infringement, in EXISTING LAW. the case of offences specified under (b) the proprietor of the copy- right can, in a civil action, recover penalties in addition to damages. It is an infringement of cop^Tight in the case of —
(3) Engravings (/) —
(a) To make any copy of the work or of any part thereof.
(b) To import auy copy of the work or of any part thereof
for sale.
(c) To publish, sell, or expose for sale, or otherwise dispose
of any work unlawfully made or imported.
(4) Sculpture (A-)—
(a) To make any copy of tli'" work or of any part thereof.
(b) To import any work which has been unlawfully made.
(c) To expose for sale or otherwise dispose ot any work which
has been unlawfully made.
��(3).
��(3) Copyright (/) in a work shall also be deemed to be infringed by any person who for his private profit permits a theatre or other place of enter- tainment to be used for the performance (m) in public of the work without the consent (n) of the owner of the copyright (o), unless he was not and had no reasonable ground for sus-
��aware,
pecting, that the performance
infringement of copyright.
��would be
��Liability of lessee, &c. of theatre, knowledge presmned.
��This sub-section, Avitli regard to performing rights, is the equivalent of sub-ssct. (2) with regard to the right of reproduction in material form, that is to say, it si^ecifies the acts which, although not a direct invasion of the author's monopoly, are accessor}' to such invasion, and therefore to bo deemed infringements. Here, again, the innocent offender is to be excused, but in this case the onus of proof is shifted, and the offender has to prove that he was not aware, and had no reasonable ground for sus-
��(t) Engraving Copyright Act, 1734 (8 Geo. II. c. 13), ss. 1, 'J ; Prints Copyright Act, 1777 (17 Geo III. c. 57,.
{k) Sculpture Copyright Act, 1814 (-54 Geo. III. c. 56), s. 3.
(0 Sect. 1 (2).
(m) Sects. 2 (1) (vi), 35 (1) .'"Performance").
(w) Sect. 5 (2).
(o) Sect. 5.
�� �
