Page:Copyright, Its History And Its Law (1912).djvu/411

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BRITISH EMPIRE 379

not be enjoined after commencement of the struc- ture, but are punishable by damages. On summary conviction any person who knowingly for sale or hire or for trade makes, sells or lets, distributes, ex- hibits, or imports infringing copies, shall be liable to a fine not exceeding forty shillings for each copy or fifty pounds for the same transaction, or in the case of a second offense, to imprisonment not exceeding two months; and similar provision is made as to infring- ing performance. The summary remedies in the musical copyright acts of 1902 and 1906 remain unrepealed.

The provisions of the code are extended to cover General existing copyrights. Common law rights are specifi- relations cally abrogated by provision confining the protec- tion of an unpublished as well as a published work to statutory provisions.

The measure repeals all existing enactments ex- Acts re- cept sections seven and eight (modified) of the fine P^^led arts copyright act, 1862 (25 & 26 Vict. c. 68), which deal with fraudulent signature or marketing of art works and concern fraud rather than copyright, and the musical copyright acts of 1902 and 1906, provid- ing summary remedies for piracy of musical works; and the provisions regarding copyrights of the cus- toms and revenue acts are continued with modifica- tions conforming them to this act.

The act does not apply to designs capable of being registered under the patents and designs act, 1907. Schedules of existing and corresponding rights and of enactments repealed are appended to the bill. The act is effective July I, 1912, unless earlier made effective by Order in Council.

It may be noted that the new British measure had Changes been much modified, — especially in the Committee fromorigi- stage, where efforts to reconcile conflicting interests "^ *"'*