Copyright Act 1878 (SA)

ANNO QUADRAGESIMO PRIM0 ET QUADRAGESIMO
SECUNDO

VICTORIISE REGINB.

D. 1878.

No. 95.
An Act to regulate the Law o f Copyright, and for other pzkrposes.

L]Asscntcd to, 2211d October, 1878.3

HEREAS it is desirable to secure to proprietors of designs for Preamble.

of works of literature and fine art the copyright of such designs and	W articles and ivorks of manufacture and art and to proprietors
works for a limited pcriod-Be it thcreforc Enacted by the Governor of the Provincr: of south Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province,
in this present Parliament assembled, as follows:

l. This Act may be cited as " The Copyright Act, 1878," and is shod Title and

divided into parts, as follows-

Division of A C ~

PART	I.--Copyright	of Designs, &C., sections 3 to 12:
PABT	11.-Copyright	of Literary, Dramatic, and Musical Productions,

96-6

Lectures, &C.,

sections 13 to 33 :

PART	m*--Copyright of Fine Arts, &C., sections 34 to 42 :

PART

IT,-Miscellaneous

Provisions, sections 43 to 56.

2. Save where there is anything in the context repugnant thereto Interpretatiano

or inconsistent therewith, the following words and expressions in this terms, &c.

Act shall mean or include the matters following-

"Registrar" shall mean and include the registrar and assistant
registrars (if any) appointed under and by virtue of this Act:
" Book " shall mean and include every volume, part or division of
a volume, newspaper, pamphlet, sheet of letter-press, sheet of
music, map, chart, or plan, separately published:
Dramatic
41" & 42" VICTORIlfE, No. 95.
The Copyriy ht Act.-1 878.
Dramatic or musical production " shall mean and include every tragedy, comedy, play, opera, farce, or other scenic, musical, or dramatic piece, entertainment, or composition:
Engraving " shall mean and include every work made upon a plate, block, or slab of any material by engraving, litho- graphy, or any other process whereby impressions may be taken from such plate, block, or slab, or whereby prints or impressions of drawings or designs are capable of being multiplied:
Drawing and painting " shall mean and include every drawing and painting made in any manner and material, and by any process:
a Photograph " shall mean and include every photograph or o t h r similar work which shall bc produced by the action of light or ally chemical process:
Work of sculpture" shall mean and iRclude any and every piece of sculpture, whether in the round, in relief, or in intaglio, made in any material and by any process:
Copyright " shall mcnn the sole and cxclusivc right and liberty of making, printing, writing, drawing, painting, photo- graphing, or otherwise howsoe~er multiplying copies of any matter, thing, or subject to which the said word is herein applied, or to which any original design as hereinafter described in scction threc of Part 1. has bcen applied:
Proprietor " shall mcan and include the author of any new and original design as heremafter described in section. three of Part I., and the author of any book, or of any tragedy, comedy, play, opera, farce, or other dramatic or musical composition or proliuction, or of any lecture as hereinafter described in sections thirteen, twenty-three, twenty-eight, and thirty rcspcctively of Part II., and the author of every original painting, drawing, work of sculp-

ture, and photdgraph as hereinafter described in section

thirty-four of Part 111. of this Act, unless such author shall have executed any of the works aforesaid on behalf of another person for a good or a vduablc consideration, in* which case such person shall be the proprietor thereof, and shall be entitled to bc registered in the place of the author. And

shall also mean and include every person or persons acquiring

for a good or valuable consideration such ncw and original design, or the right or partial or limited right to apply the sdme to making, selling, or ornamenting any one or more articles or works of manufacture or art, or any one or more substances as dcscribed in section three of Part I., or the copyright as hereinbefore defined, or any part thereof in such Imok, tragedy, comedy, play, opera, farce, or other dramatic or musical composition or production, or in such lecture, and '

in such original painting, drawing, work of sculpture, and

photograph;

41" & 42" VICTORTIE, No. 95.

- ."

The Copyright Act.-1 878.
; and also every person upon or to whom the property in such design or any part thereof, or such right or partial or limited right to the application thereof, or in such copyright or any part thereof as aforesaid shall devolve or be bequeathed, and to the extent to which the same shall have been so acquired,or shall have so devolved or been bequeathed but not otherwise:
Personal representative " shall mean and include every executor,
administrator, and next of kin entitled to administration:
Assigns " shall mean and include every person in whom the interest of an author in copyright shall be vested, whether derived from such author before or after the publication of any book, and whether acquired by sale, gift, bequest, or by operation of law or otherwise.

PART I.

PART

OF MANUFACTIJ1.E OR ART.
3. The proprietor of any new and original design for any ar tide Grant OP copyright.

or work of manufacture or art, and whether such article or work be for purposes of utility, ornament, or otherwise, and whether such design be applicable to the ornamentation only of any article or work of manufacture or art, or to the pattern, shape, or configuration of such article or work of manufacture or art, or to the pattern, shape, configuration, or oro amentation of any substance, artificial or natural, or partly artificial and partly natural, and whether such design be applicable to two or more of such purposes, and by wh.atever means such design be applicable, whether by printing, painting, cmbroidering, weaving, modelling, moulding, casting, embossing, engraving,

staining, turning, or by any other means whatsoever, manual,

r~~echanioal, or chemical, separate or combined, and which design

has not previously been published in the Province of South Australia or elsewhere, shall have the sole right to apply the said design to any article or work or to any substance aforesaid, provided the same be done in the Province of South .Australia, and the sole right to make or ornament any article, work, or substance, according to such design, and the sole right to sell the same article, work, or substance so made or ornamented for the term of one, two, or three years, at the option of the proprietor, such term to be computed from the time of such design being registered according to this part of this Act.

4. No person shall be entitled to the benefit of Part I. of this Act Uonditiona ofcopy-

with regard to any design in respect of the application thereof as "ght.

aforesaid to any article, work, or substance, or with regard to

making or ornamenting any article or work of manufacture or art,

or any such substance, or to selling the same when so made or

ornamented, unless such design shall, before the publication thereof,

have been registered according to Part I. of this Act, and unless the

name

4 41° & 4 2 O VlCTORIB: No. 95.
The Copyright Act.-1878.

-	PART 1-	name of such person shall have been registered according to said	a,
Part I. as a proprietor of such design, and unless after the publica- tion of such design every such article, or work of manufacture or

Markedonotin@:

wgiatered design.

art, or such substance to which the samc shall be so applied or made by him according to such design, or on which such design is used, Bath thereon the word '' registered," together with the name of the proprietor and the date of registration thereof.

Registration h o v

5. The registrar appointed by virtue of this Act shall not register

effected.

any such design for making or ornamenting any articles or works of manufacture or art or substances as aforesaid, unless he be furnished by the applicant for such registration, in every case save where hereinafter provided, with a model or pattern of such design, and also with two copies, drawings, prints, or written or printed, or partly written and partly printed, specifications or descriptions of such design, together with the name of every person who shall ciaim to be proprietor thereof, or the style or title of the firm under which such proprietor may be trading, and his place of abode, or place of carrying on his business, or other place of address, and unless the fee appointed by virtue of this Act for such registration shall have been previously paid; and the regi~trar shall register all such models, patterns, copies, drawings, prinks, specifications, or descrip- tions from time to time successively as they arc received by him for registration; and shall, on every such model or pattern, and its corresponding copy, drawing, print, specification, or description, mark or affix a number corresponding to the order and succession in which they are respectively recciwd, and shall retain such rnodel or pattern, and one of such copies., drawings: prints, specifications, or descriptions in his office, and shall return the other copy, drawing, print, specification, or description to the person by whom the same shall have been forwarded to him; and shall keep a proper index of all designs so re~istered: Provided that, on request of the applicant for registration, the Attorney-Qeneral, by

writing under his hand, may order the registrar to dispense with

any model or pattern hereinhefore required to be furnished, in all

cases in which it shall be proved to the satisfaction of the Attorney- General that such model or pattern dught not to he required on the grounds of the cost and trouble to the applicant of furnishing the same.

Certificate of regis-

Upon the registration of every model or pattern and every copy,

tration.

drawing, print, specification, or description aforesaid, and upon the registration of the transfer of the right to the entire, or partial, or limited use of any such design as aforesaid, the registrar shall certify under his hand that the design has bcen so registered, the date of such registration, and the name of the registered proprietor, or the style or title of the firm under which such proprietor may be trading, with his place of abode or place of carrying on his business, or other place of address, and also the number of such design,' together with such number or letter, or number and letter, and in such form as shall be employed by him to denote or correspond with

the

41' & 42" VICTORTB, No, 95.
TAe Copyright Act.-1878.

the date of

such registration; and evcry such certificatc purporting

PART

I,'

to be signed by the registrar, and purporting to have the seal or stamp of the office of such registrar affixed thereto, shall, in absence of evidence to the contrary, bc sufficient proof as follows-

Of the design and of the name of the proprietor therein men-
tioned having been duly registered; and
Of the commencement of the period of registry; and
Of the person named therein as proprietor being the proprietor:
and
Of the originality of the design; and
Of the provisions of this part of this Act and of any rule under which the certificate seems to be made having been duly corn- plied with; and any such writing purporting to be such cer- tificate shall, in thc abscnce of evidence to the contrary, be received as evidence without proof of the handwriting of the signature thereto, or of the seal or stamp of the office affixed thereto, or of thc person signing the same being the registrar.

7. Every person purchasing or otherwise acquiring the right to Transfer of copy-

re&ter

the entire or partial or limited use of any such design may enter his title in t11e register hereby provided, and any writing purporting to be a transfer of such design and signcd by the proprietor thereof or his agent duly authorised in mriting in that behalf shall operate as an effectual transfer; and the registrar shall on request and on the production and verification to the satisfaction of the registrar of such writing, or, in the case of acquiring such right by any other mode than the purchase thereof, on the production of any evidence to the satisfaction of the registrar, insert the name of the new proprietor in the register; and such transfer and rcqucst may be respectively in the forms given in the Schedules numbered one and two to this Act annexed: But if such request to register be made by any person to

or upon whom any such design shall devolve otherwise than by	transfer such latter request may bc in the form given in the Schedule
numbered two, Part 11. to this Act annexed.

8. Any person shall be at liberty to inspect any registered design; Inspection of regis-
but no person save the proprietor or some person duly authorised by tered deaigrra.
him in writing in that behalf, shall take or be permitted to take a
copy of such design or of any part thereof.
9. During the existence of any such right to the entire or partial Piracy of design#.
or limited use of any such design, no person shall either do or cause to be done any of the following acts with regard to any articles or works of manufacture or art or substances, in respect of which the copyright of ~ u c h design shall be in force, without the licence or consent in writing of the registered proprietor thereof (that is to say 1-
No person shall apply any such design or any fraudulent
imitation
41' & 42' VICTORIB, No. 95.
The Copyright Act.-1 878.

PART

imitation thereof, to the making or ornamenting of any article or work of manufacture or art, or any substance, artificial or natural, or partly artificial and partly natural, as described in section 3 of this Part:

No person shall publish, sell, or expose for sale any article ox work of manufacture or art, or any substance to which such design or any fraudulent imitation thereof shall have been so applied, after having received, either verbally or by writing or otherwise, from any source whatever the knowledge that the proprietor's consent has not been given to such application, or after having been served with, or having had left at or upon his usual place of abode or~business premises, a written notice signed by such proprietor or his agent to the same effect.

Recovev of peultiea	10. Any person committing any such act &all for every such offence forfeit a sum not less than Five Pounds and not exceeding Fifty Pounds to the proprietor of the desigri in respect of which
for piracy.
such offence shall have been committed, such penalty to be
recovered either by an action of debt or on the case in any Court of competent jurisdiction or by summary proceeding before two or more Justices of the Peace.

Proviso as to action

11. Notwithstanding the remedies hereby given for the recovery

for damages.	of any such penalty as aforesaid, it shall bc lawful for the proprietor
in respect of whose right such penalty shall have been incurred, in
lieu of proceeding for the recovery of such penalty, to bring such action or suit as he shall be entitled to for thc recovery of any damages which he shall have sustained.

pentpd for mg-

12. Unless every such design be registered as aforrsaid, and

f d y UBmg marksde- shall have been applied to making or ornamenting some article or

noting a registered

design.

work or substance as aforesaid, within the Province of South

.Australia, and also after thc copyright 6f such des ip in rclation to

such article or work or substance shall have expired, it shall be unlawful to put on any such article or work or substance in the mannef herebefore required with respect to articles, works, or sub- stances, whereto shall be applied a registered design the marks here- inbefore required to be so applied, or any masks corresponding therewith, or similar thereto; and if any person shall so unlawfully apply any such marks, or shall publish, sell, or expose for sale any article, or work of manufacture or art, or any substance with ariy such rnarka so unlawfully applied, knowing that any such marks have been unlawfully applied, he shall forfeit for every such offence a sum not exceeding Twenty Pounds, which may be recovesed, with full costs of suit, by any person proceeding for the same by any of
the ways hereinbefore directed with respect to penalties for pirating
any such design.

PART

41" & 42" VICTORIZ, No. 95.

The Copyright Act.-1878.

PART 11.

COPY RIGHT OF LITERARY, DRAMATIC, AND MUSICAL

PRODUCTIONS, LECTURES, &c.

13. The copyright in every book which shall, before or after the passing of this Act, have been or be first published in the said pro-	Length of time of
copyright in books.
vince in the lifetime of its author shall endure for the natural life of such author, and for the further term of seven years, commencing at the time of his death, and shall be the property of such author and his assigns: Provided that if the said term of seven years shall expire before the end of forty-two years from the first publication of such book in South Australia, the copyright shall in that case endure for such period of forty-two years; and the copyright in every book which has been or shall be published in South Australia after the death of its author shall endure fbr the term of forty-two years from the first publication thereof in South Australia, and shall be the property of the proprietor of the author's manuscript from which such book shall be first published and his assigns.
14. I t shall be lawful for the Governor, on complaint made to the Attorney-General that the proprietor of the copyright in any book,	the republication of Governor may licenae
books which the pro-
after the death of' its author, has refused to republish or to allow the	prietor refuses to re- publish afker death of
republication of the same, and that, by reason of such refusal, such	author.
hook may be withheld from the public, to grant a licence to such complainant to publish such book in such manner and subject to such conditions as the Governor may think fit, and it shall be lawful for such complaixlant to plnblish such book according to such licence.
13. A printed copy of thc whole of every book which shall be hrst published in 8011th Australia after the passirg of this Act,	Copies of books to be delivered within a
certain time at South
together with all maps, prints, or other engravings belonging thereto,	Australian Ihetitute.
finished and colored in the same manner as the best ~~zblished cowies
of the same, and also of any second or subsecpent' edition of 'any
book which shall be so published, with any additions or alterations,	whether the same shall be in letter-press or in the maps, prints, or
other engravings belonging thereto, and whether the first edition of such book shall have been published before or after the passing of this Act, and also of any second or subsequent edition of every such book, of which the first or some preceding edition shall not have been delivered for the use of the South Australian Institute at Adelaide, bound, sewed, or stitched together, and upon the best paper on which the same shall be printed, shall, within two calendar months after the day on which any such book shall be first sold, pub- lished, or offered for sale within South Australia, be delivered by or on behalf of the publisher thereof at the South Australian Institute aforesaid.

this part of this Act ought to be delivered as aforesaid shall be booba at mstitute.

16. Every copy of every book which under the provisions of Modeof IleEpering

delivered at the South Australian Institute aforesaid, between the

hours

8 41' & 42' VICTORIZ, No. 95.
The Copyright Act.-1878.

PART^^.	hours of eleven in the forenoon and five in the afternoon, to one of the officers of the said institute, or to some person authorised
by the Board of Governors of the said institute to receive the same;

a i d such officer or other person receiving such copy is hereby required to give a receipt in writing for the same, and such delivery shall to dilI intents and purposes be deemed to be good and sufficient delivery under the provisions of this part of this Act.

penalty for tiefadtin	17. If anv such ~ublisher bhall neglect to deliver such book as aforesaiddin purkance of section P5 of this Act, he shall for every such default forfeit, besides the value of such copy of such book or edition which he ought to have delivered, a sum not exceeding Five Pounds, to be recovered by the librarian of the said institute in a summary way on conviction before two Justices of the Peace, or by action of debt or other action at the suit of such librarian in any Court of competent jurisdiction in South Aus- tralia.
delivering copies for
use of institute.
Register book to be	18. A register book, whercin may be registered as hereinafter enacted the proprietorship in the copyright of books and in dramatic or musical productions, whether in manuscript or otherwise, and the assignments of such proprietorship and licences affecting such copy- right, shall be kept at the registry appointed by virtue of this Act, and shall at all convenient times 'bc opcn to the inspection of any person on payment of One Shilling for every entry which shall bc searched for or inspected in the sad book; and the registrar shall, whenever thereunto reasonably required, give a copy of any entry in such book, certified under hip hand, and impressed, stamped, or sealed with the stamp or seal d the said registry office to any person requiring the same; and such copies, so certified and impressed, stamped or sealed, shall be received in evidence in all Courts and in all summary proceedings, and shall be primd facie proof of the proprietorship or assignment of copyright or licence as therein expressed, and in the case of dramatic or mnsical pro- performance. ductions shall be prilncd .faeie proof of the right of representation or
kept.

Entries of copyright	19. After the passing of	this Act, it shall be lawful for the pro-
of booka in register

book.

prietor of copyright in any book heretofoic first published, or in any book hereafter to be first published in South Australia, to make entry in the register book aforesaid of the title of such book, the time of the first publication thereof, the name and place of abode of the publisher thereof, and the name and place of abode of the pro- prietor of the copyright of the said book, or of any portion of such copyright, in the form in that behakf given in the Schedule numbered three to this Act annexed; and it shall be lawful for every such registered proprietor to assign his interest or any portion of his interest in the said copyright by making in the said register book an entry of such assignment, and of the name and place of abode of the,

assignee thereof, in the form given in that behalf in the Schedule numbered four to this Act annexed; and such assignment so entered

shall

41" & 4@ VICTORIB, No. 95.

PART

11.

sl~all be effectual in law to all intents and purposes whatsoever, ancl shall be of the same force and effect as if such assignment 'had been made by deed.

cause to be printed, in the Colony of South Australia, cither for sale by penalty and sult.

20. Any person who shall, after the passing of this Act, print, a r Remedy for piracy

or exportation. any book in which thcre shall be a subsisting copy- right as aforesaid, without the consent in writing of the proprietor thereof, or his agcnt duly authorised in that behalf, in writing, or who shall import for sale or hire any such boolr, from parts beyond the sea, or knowing such book to bc unlawfully printed or imported, shall sell, publish, or expose for sale or hire, or cause to be sold, pub- lished, or exposed for sale or hire, or shall have in his poasessiun for sale or hire any such book so unlawfully printed or imported without such consent as aforesaid. shall be liablc for every mch offencc to a penalty not exceeding Ten Pounds, to be recovcred by the proprietor against whom such offence shall have been committed, with full costs
of suit, before two or more Justices, in a summary manner, and also
to an action or suit in any Court of compdmit jurisdiction at the
instance of the proprietor of such copyright.

2 1. After the passing of

this Act, in any action brought against Notico to be given by

any person for printing ally such book for sale, hire, or exportation, for	defendant in actions
or for importing, selling, publishing, or exposing for sale or hire, cr causing to be imported, sold, published, or cxposed for sale or hire, anv such book, the defendant on pleading thereto shall give to the &intiff n notice in writing of any objections on which he means to rely on the trial of the action; and if the nature of his defence be that the plaintiff was not the author 01. first publisher of the boolr in which hc shall by such action clairn copyright, or is not the p*oprietor of the copyright tl-rereil~, or that sum(? other person than the plaintiff was the author or first pilblisller of such book, or is the proprietor of the copyright therein, then the defenda,nt shall specify in such notice the name of the person whom he alleges to have been the author or first publishcr of such book, or the pro- prietor of the copyright therein, together with the title of such	book, and the time when and the place whcrr such book was first	published, otherwise the defendant in such action shall not at
the trial or hearing of such action be dlowed to give any evitlerice that the plaintiff in such action was not the author or first pub- lisher of the book in which he claims such copyright as aforesaid, or that he was not the proprietor of the copyright therein; and at such trial or hearing no objection shall be allowed to bc made on behalf
of such defendant other than the objections stated in such notice,
nor that any other person was the author or first publisher of such book or the proprietor of the copyright therein than the person specified in such notice, nor shall the defendant give in evidence in support of his defence any other book than one substantially cor- responding in title time and place of publication with the title time and place specified in such notice: Provided however that nothing

in
95-B
The Copyrigltf Act,-1878.

PART

11-

in this section contained shall in any such action relieve the plaintiff

m--

from the onus of proving that he was the proprietor of such book at
the time of the alleged invasion of his copyright therein.

nookemay be

22, After the passing of this Act it shall not be lawful for any

person, not being the proprietor of the copyright, or some person authorised by him, to import into thc Province of South Australia, for sale or hire, any printed book first composed or written or printed and published in the said province wherein there shall be copyright and reprinted elsewhcie than in thc said province. And if any person not being such proprictor, or person authorised as aforcsaid, shall import, or bring or cause to be imported, or brought for sde or hire, any such print-ed book into the said province, contrary to the true intcnt arrci meaning of this part of this Act, or shall knowingly sell, publish, or expose for sale, or let to hire, or have in his possession for sale or hire, any such book, then every sucl; book shall be for- feited, and shall be seized by any officcr of customs or excise, who shall hand tohe same to the registered proprietor of the copyright therein; and every persoon so offending being duly convicted thereof before two Justiccs of thc Pcace shall also, for cvcry such offence, forfeit the sum of Ten Pounds and doub1.z the value of every copy of such book which he shall so import, or muse to be imported, into the mid. province, or shall knowingly sell, publish, or expose for sale or let to hire, or shall cause to be sold, published, or exposed for sale, or let to hire, or shall have in his possession for sale or hire contrary to the true intent and meaning of this part of this Act, Five Pounds of which penalty shall go to the use 'of the general revenue of thc said province and the remainder of the penalty to the use of tlrc yro- prietoi. of the copyright in such book.

23. When any publisher or other person in the Province of South Australia shall, before or at the time of thc passing of this Act, have projected, coiiducted, and carried on, or shall hcreafter project conduct, and carry on, or be the proprietor of any encycloptedia, review, magazine, pcri~dical work, ne~vspaper, or work published in

magazines, &c.

the said colony in a series of books or parts, or any book whatsoever,

and shall have employed, or shall employ, any persons to compose the

same, or anyrolumes, parts, essays, articles, or portions thereof

for pub-

lication in or as p a ~ t of the same, and such work, volumes, parts, essays, articles, or portions shall have been, or shall hereafter be, composed under such employment on thc tcrms that the copyright th~rein shall belong to such proprietor, projector, publisher, or conductor, and shall

have been or shall be paid for by such proprietor, projcctor, pub-

lisher, or conductor, thc copyright in every such encyclopaedia, review, magazine, periodical, newspaper, and work published in a series of books or parts, and in every volume, part, essay, article, and portion so composed and paid for shall be the property of such proprietor, projector, publisher, or conductor, vho shall enjoy the same rights as if he were the actual author thcrcof, and shall have such term of copyright therein aa is given to the authors of books bp this of

this

41" & 42' VICTORIB, No. 95.

The Copyright Act-

1 8 78.

this Act; except only that in the case of essitj-s, articles, or portioiis

PAPT

forming part of and first published in reviews, magazines, or other periodical works of a like nature after the term of twentyeight years from the first p~lblication thereof respectively, the copyright of the same as regards any publication thereof ill a separate form shall belong to the author and his assigns for the remainder of the term givcn by this part of this Act: Provicied always that the said proprietor, projector, publisher, or conductor shall not at any time Idd i sh any such cssay, article, or portion separately or singly ~vithout the conscnt previously obtttirlcd of the author t,hercof or his assigns: Provided also that iiothirig llerein contained shall alter or affect the right of any person who shall havc been, or who shall be, so employed as aforesaid to publish any such his cornl3osition in a separra,tc form ~ 1 1 0 by any contract, express or implied, inay havc reserved our may hereafter reserve to himself such right; but every author reserving, retaining, or having such right shall bc entitled to thc cop' right 111 such composition, ~vhen publishd in a separate

form

accd r~ i in~

to this part of this Act, without prejudice tu thc

risht of	such proprietor, projrctot publisher, or conductor as afore-
smd.

24. The proprietor of the copyright in any such encyclop~clia,	Proprietors of re-
views, magazines,

review, magazine, newspaper, periodical work, or other work so

published in a series of books or parts shall be eri~itled

to all the once.

benefits of the registration at the registry aforesaid under this part of this Act, on cntcring in the said register book thr title of such encyclopwdin, ruvicw, magazine, newspaper, periodical work, or other work so pnblishecl in n series of books or pwts, the time of
the first publication of thc first volume, number, or part thereof; or
of the number, volnme, or part first pablislic:d, after the passing of this Act, in any such work which shall have been published here- tofore, and. the name and placc of abodc of tlic proprietor thereof and of the publisher thereof when snch publisher shall lot also be

the proprietor thereof.

25. No assignment of the copyright of any book consistiag of Asstgnmcnt of copy-

right of a dramatic

or containing a dramatic or musical production shall be holdell to

convey to the assignee the right of representing or performing such rjghlof rcprcbcnta-	t~on.
dramatic or musical protluction, unless an cntry in the said registry book shall be madr of such assignment wliel-ein s21zlll be expressed the intention of the parties that such right should pass by such assignment.

26. All copies of

any book wherein there shall be copyright, and B ~ ~ A C S

wllawfully

of which cntry slinll have been made in the said register book, and shall

printed or imported

which shall have been unlawfully printed or imported without the ofproprietor cf copy-

right, and may be

consent of the registered proprietor of such copyright in writing	by
under his hand first obtained, shall be deemed to be t.he property of the registered proprietor of such copyright; and such registered proprietor shall, af tcr demand thercof in writing, be entitled to sue

for

41" & 42" VICTOBIB, No. 95.

The Copyright Act.- 187%.

---

PART

KZ.

for and recover such copies or damages for the detention of the same in an action of dctinue from any party wlro shall detain the same, or to sue for and recover damages for the conversion thereof in an action of trover.

~ r o m i e t o r m n ~ r ~ ~	27, No proprietor of	copyright under this part of this Act save
before registration.

the proprietor of copyright in auy lecture ;ts hereinafter described in section. 30 shall maintain any action or suit at law or in equity, or any summary proceeding fn respect of any infringement of such copyright, unlcss he shall, before commencing such action, suit, or other proceecling.+have caused an entry to be made in the register book aforesaid pursuant to this part of this Act: Provided always that the omission to make such entry shall not affect such copyright but only the right to sue or proceed in respect of the infringement thereof as aforesaid.

Property in

dramatic

28. From and after the passing of tk;.s Act thc author, or the assignee of such author, of any tragedy, comedy. play, opera, farce, or of any dramatic or musical production in the Province of South Australia, whether thc same be printed and published by the author thereof or his assignee or not, and whether the same was composcd before the passing of this Act or not, shall have, as his own property, the sole liberty of rcprcsmting, or performing, or causing or per- mitting to be represented or performed, at any placc or places in South Australia, any such ctram.;ltic or musical procluction as afore- said for the term in this part oQ' this Act provided for the duration

and musical produc-
tions.
of copyright in books: Prnvidcd that nothing in this section con-
tained shall prejudice, alter, or affect the right or authority of any persun to reprebent, or cause to be represented, or perform, or cause to be performed, at any placc or places as aforesaid, S U C ~ I productions ss aforesaid in all cases in which the author thereof, or his assignee, shall, previously to thc passing of this Act, have given his consent to or authorised such repmntation or performance, but that such sole

liberty of the author or his assignee shall bc subject to such right	or authority: Pro? ided also that all the provisions of this part of
this Act enacted in respect of and relating to the copyright in books, so far as the same are not inconsistent with this section: and the section next immediately following, nnrnbcrcd 29, shall apply and be deemed to apply (as far as the same are applicable) to the liberty of representing or performing any such production as aforesaid; savc and except that the first public representation or performance of any such production shall be deemed equivalent in the construction of this part of this Act to the first publication of any book: Provided also that in case of any dramatic or musical production in manuscript it shall be s11fficient for the person having the sole liberty of representing or performing, or causing to be repre- sented or performed, the same, to register only the title thereof, thc name and pIace of abode of the author or composer thereof, th'c
name and place of abode of the proprietor thereof, and the time and
place of its first representation or performance: Provided also that

41° & 4 2 O VICTORIB, No, 95.

--m

5
The Copyright Act.-1878.

no copy of any dramatic or musical production shall be delivered.at

P~~~ Ire

the South Australian Institute as aforesaid unless such production

shiill have been printed for sale.

29. Any person who shall during the continunnce of such sole pcrmming

Penalty

on &ameamatio

erso-

liberty as aforesaid, contrary to the intent of

section 28 of or ,,,,icscl pieces

con.

this part of this Act, or to the right of the author or his assignee, trary to last section.
represent or perform, or cmlsc to be represented or performed, without the consent in writing of the author or other proprietor first had and obtained at any place or places in the said Province of South Australia, any such dramatic or musical production aforesaid or any part thereof, shall be liable for each and every such representation or performance to the payment of an amount of not less than Forty Shillings, or to the full amount of the benefit or advantage arising from such representation
or pcrformxnce, or the illjury or loss sustained by the plaintiff there-
from, whichever shall be the greater damages, to the author or pro- prietor of such production so rcprcsented or performed contrary to the true intent and meaning of this part of this Act, to be recovered with full costs of suit, as between attorney and client, by such author or other proprietor in any Court of competent jurisdiction; and in every such proceeding mherc the sole liberty of such author, or his assignee as afowsaid, shall be subjwt to such right or authority as aforesaid, i t shall be sufficient for the plaintiff to state that he has such sole lil~erty, without stating the same to be subject to such right or authority, or otherwise mentioning the same.
30. The author of any lecture or lectures first delivered in the Authors of lecturea or

Province of South Australia, or the person to whom lie hath sold or ~ ~ s ~ $ ~ $ ! ~ ~. otherwise convcyed or transferred the copy thereof in order to deliver lishing same. the same in illly school, seminary, institution, or other place, or for any other purpose whatever, shall have the sole right and liberty of piinting and publishing such lecture or lectures for the same period as is hereinbefore. limited with respect to copyright in books; and any	person who shall, by taking down the same in short-hand, or other-	wise in writing, or in any other way obtain, or make a copy of such
lecture or lectures, and shall print or lithograph, or otherwisc copy and publish the same, or cause the same to be printed, lithographed, or otherwise copied and published, without leave of the author thereof, or of the person to whom the author thereof hath sold or otherwise conveyed or transferred the same and every person who, knowing the same to have been printed or copied and published without such consent, shall sell, publish, or expose for sale, or cause to be sold, published, or exposed for sale, any such lecture or lectures, sliall forfeit all such printed or otherwise copied lecture or lectures, or parts thereof, together with One penny for every sheet thereof which shall be fourld in his custody, either printed, lithographed, or copied, or being printed, lithograped, or copied, published, or exposed
for sale contrary to the true intent and meaning of sections numbered
30, 31, 32, and 33 of this part of this Act, to be recovered before

two
I '

41° & 42' VICTORIB, No. 96.

--.

---

The Copyright Act.-l 87 8.

Ir* .

two or more Justices in a summary manner by the proprietor of the

Penalt on printers

or pudshera of new-

3 1. Any printer or publisher of any newspaper who shall, with-

papem publishing

out such leave as aforesaid, print and publish in such newspaper

lectures u.ithout

any such lecture or lectures, shall be deemed and taken to be a

leave.

pe;son printing and publishing without leave within the provisions of the next ilnruediately preceding scction, and liable to the aforesaid forfeitures md penalties in respect of such printing and publishing.

Persons having leave

to attend lecture8 not

32. No person allowed for certain fee and reward or otherwise to be deemed and taken to be licensed, or to have leave to print, copy, or publish such lectures, only because of having leave to attend such lecture or lectures.

,ntitM t o p, l ~ ~ i s ~

attend and be present at any lecture delivered in any place, shall

t h ~ m.

lithograph copy ~ n d

Notice not to print

33. Nothing in this Act contained shall extend to any lecture or lectures, 01-

to the printing, copying, or pul,lisl~ing of any lecture or

publish lectures to

be given by public

lectures or parts thereof', of which notice not to print, lithograph,

nave1

tiaement,

or otherwise copy and publish the same shall not have been publisl~ecl
twice at least in some paper generally circulating in the place where
such lecture or lectures shall be delivered two days at least before
delivering the same, or to any lecture or lectures delivered in any
university, public school, or college, or on any public fouladation, or
by any individual by virtue of, or ttccording to, any gift, endowment,
or foundation.
COPYRIGHT OF FINE ARTS.

31. The author, being a British subject or resident in South Australia, of every new and original painting, drawing, work of

ings,

drawin$$, sculp-

ture, engravmgs,

photographs.	sculpture, engraving, and photograph which shall be, or shall have been; made in the Province of South Australia, and shall not have been sold or disposed of before the commencement of this Act, and his assigns, shall have the sole and exclusive right of copying, photo- graphing, engraving, reproducing, and multiplying such painting, drawing, work of sculpture, and engraving, and the design thereof, or such photograph and the negative thereof, by any means and of any size, for the term of fourteen years from the making thereof, as regards such paillting, drawing, work of sculpture, and en-
gravinw aud for the tern1 of three yeah from the making
thereof, as regards such photograph and the negative thtwof: ?'
Provided that when any p h t i n g, drawing, work of sculpture, endraving, or the negative of any photograph shall for the first time after the passing of this Act be sold or dlsposed of, or shall be made or executed for or on behalf of any other person for a good or a valuable consideration, the person so selling cr disposing of, or making or executing, the same, shall not retain the copyright thereof

unless

41' & 42" VICTORIX, No. 95.

The Copyrzght Act.-1878.

C1pp-..---

+-------I--.--

unless it be expressly reserved to him by agreement in writing, signed at or before the time of such sale or disposition by the vendee or assignee of such painting, drawing, work of sculpture, engraving, or negative of a photograph, or by the person for or on whose behalf the samc shall be so made or executed, b ~ t the copy- right shall belong to the vendee or assignee of such painting, draw- ing, work of sculpture, engraving, or negative of a photograph, or to the person for or on whose behalf the same shall have been made or executed: Provided that such 1,endee or assignee shall not be entitled to any snch copyright unless, at or before the time of euoh sale or disposition, an agreement in writing, signed by the person so selling or disposing of the same, or by his agent duly authorised in writing, shall have been made to that effect.

35. Nothing herein contained shall prejudice the right of any person to copy or use any work in which there shall be no copy-	vcat representation of
Copyright not to pre-
eubject of works.
right, or to represent any scene or object notwithstanding that there may be copyright in some representation of such scene or object.

36. There shall bc kept at the registry to be appointed u~lder

and

~ o o k s

for rgistra-

tion of paintings,

by virtue of this Act a book or books entitled "The Ticgistcr of &,.
Yroprie tors of Copyright in Paintings, Drawings, Works of Scdpture, Engravings and Photographs," wherein shall bc entercd a nlcmorandum of every copyright to which any pcrson shall be entitled under this part of this Act, and also of every subsequent asaignmen t of any such copy right, and such memorandmn shall contain a statement of the date of such copyright or assignment, and of the nanics of the parties thereto, and of the uame and place of abade of the person in whom such copyright s l d 1 be vcstctl by virtue thereof, and of the name and place of abodc or place of business of the author of the woflr in which thcre shall bc such copyright, together with a short description of the nature and subject
of such work, and in addition thereto, if the persou registering shall
so desire, n sketch outline or photograph of the said work; : nd no

proprietor of any such copyright shall he entitled to the benefit of this part of this Act untd such registration, and no action ~11'ctIl be	sustainable nor any penalty be rccoverahle in ~ e s p w t of anything
clone before registration: Provided that t11c omission to register any copyright under this part of this Act shall not affect such copyright but only the right to sue or proceed in respect of the infringement thereof.

37. The provisions and cnactmcnts contained in Parts XI. and Certain provisions of

IV. of this Act, with regard to and in connection with the keeping books t; be kept

Part I1 to apply to

of the register books thereby required, or therein referred to, the under this part.
searches in such register books, and the delivery of certified and stamped or sealed copies thereof, the reception of such copies in evidence and the cancelling or amending entries in such register books shall apply to the book or books to be kept by virtue of this part of this Act, and to the entries and assignments of copy-
right
e
16 41' & 42" VICTORIA?,, No. 95.

The Copyright Act.-

1 87 8,

PART

1x8.

right and proprielorship therein under this part of this Act, as fully and effectually to all intents and purposes, as if such provisions and enactment5 mere expressly enacted in this part of this Act in relation thereto: Provided that the forms of every kind prescribed by the said Part 11, may be varied to meet the circumstances uf each case.

Penalties on infringe-

38.

If the author of m y such painting, drawing, work of sculpture, engraving, or photograph in which there shall be subsisting copy- right after having sold or disposed of such copyright, or if any other person not being the proprietor for the time being of copyright in any such painting, drawing, work of sculpture, engraving, or photograph, shall, without the consent of such proprietor, repeat, copy, colorably imitate, or otherwise multiply for sale, hire, exhibition, or distribution any such work or the design thereof, or, knowing that any such repetition, copy, or other imitation has been unlawfully made, shall import into the said province, or sell, publish, let to hire, exhibit, or distribute or offer for sale, hirc, exhibition, or distribution, or cause or hrocure to be imported, sold, published, let to hire, distributed, or offered for sale, hire, exhibizion, or distribution, any repetition, copy, or imitation of the said work or
of cop*ght.
of the design thereof made without such consent as aforesaid, such
petson for every such offence shall forfeit to the proprietor of the copyright for the time being a sum not exceeding 'Yen Pounds, and all such repetitions, copies, and imitations made without such consent as aforesaid, and all negatives of photographs made for the purpose of obtaining such copies, shall be forfeited to the proprietor of the copyright.
39. No person shall do or cause to be done any or either of the

pe,ltie,

on frauau-

lent pr~ductions

and

rales.

followin g acts, that is to say---

(I. )

No person shall fraudulently sign or otherwise affix, or fraudu- lently cause to be signed or otLerwise affixed, to or upon any such painting, drawing, work of sculpture, eng~aving, or photograph, or the negative thereof, any name, initials, or monogram:

(XI.) No person shall fraudulently sell, publish, exhibit, or dispose of or offer fbr sale, exhibition, or distribution, any such painting, drawing, work of scu!ptnse, engraving, or photc- graph or negative of a photograph, having thcreon the name, initials, or monogram of a person who did not execute or make such work:

(1x1.)

No person shall fraudulently utter, dispose of, or put off or

cause to he uttered or disposed of or put off; any copy or *

colorable imitation of any such painting, drawing, work of

sculpture, engraving, or photograph, or negative of a photo-

graph, whether there shall be subsitking copyright therein or

not, as having been made or executed by the author or maker.

of the original work from which such copy or imitation shall

have been taken:

(IV.) Where

41" & 42" VICTORTB, No. 95.
The Copyright Act. -1 8'78.
(IV.) Where the author or maker of any such painting, drawing, work or sculpturc, engraving, or photograph, or negative of a photograph made before or after the passing of this Act shall have sold or otherwise parted with the possession of such work, if any alteration shall afterwards be made therein by
m y other person, by addition or otherwise, no person shall
be at liberty during the life of the author or maker of such worlr without his consent to make or knowingly to sell or publish or offer for sale snch work or any copies of such work so altered as aforesaid or of any part thcrcof as or for the unaltered work of such author or maker:
Every offender mde r this section shall upon conviction forefeit to thc person or the assigns or legal representatives of the person whose name, initials, or monogram shall be so fraudulently signed or affixed, or to whom such spurious or altered work shall be so frandnlelrtly or falsely ascribed as aforesaid, a sum not exceeding Ten Pounds, or at, the option of the person aggrieveci,not exceeding doublc the full price at which all such copies, cngravings, imitations, or altered works shall haw been sold or offered for sale; and all such copies, engravings, imitatiom, or altered worlcs in the possession of or belonging to such offender at the time of eon~mitting any offmce under this section, sEdl btl forfeited to the person, or the assigns, or 1)ersonal repre- scntatives of the person whose namc, initials, or monogram shall be so frauclulentlv sicwed or affixed thereto, or to whom such suurious U or altercd work shihnll be so fmudulcntly or falsely aucribe(1 n$ afore- said: Provided ztlavay that the penalties imposed by this section sliall not be incurred nnlcss the person whose name, initials, or monogram sli:dl be so fraudalerrtly signed or affixcll, or to whoin such spurious or altcrecl work shall be SO fraudulently or falsely ascribed as aforesaid shall hare bceir livitlg at or within twenty years next before the time when the offence shall have been committed.
40. 1411 pecuniary penalties which shall be incurrled and all such Becovcryof
imlamful copies, imitations, and all other cffects and things as shall

have beeu forfeited by offenders pursuant to this part of this Act

map be recovered by the person hereinbefore empowered to recover

the samc, either by action against the party offending or by summary

grocceding before two or nlore Justices of the Peace.

41. All repetitions, copies, or imitations of paintings, clra~ings,

rn,portation of pirat&

works of sculpturc, engravings, or photographs, wherein or in the w l l m prohibited.
design whercof there shall be subsisting copyright under this part
of this Act, and all repetitions, copies, n11d iinitstions of' the design

of any such painting, drawing, worlr of sculpture, e n ~ a v i n g, pho-

tograph, or of the ncgativc of' any such photograph, ~111~11,

contrary

to the provisions of tllis par/, of this Act, sl~i~11 have been made in
Ihc said province or elsewhere, are hereby absolutely prohibited to
be imported into the said province, except by or with thc conscnt of the proprietor of the copyright thereof, or his agent, authorised in writing; and if the proprietor of any such copyright, or his agent,
shall
96 - C
41" & 42" VIICTORIB, No. 95,
The Copyr9ht Act.--1878.

PART

XI1. -

shall declare that any goods imported are repetitions, copies, or imi- tations of any such painting, drawing, work of sculpture, engraving, or photograph, or the negative of any such photograph, ancl so pro- hibited as aforesaid, then such goods may be detained by the officers of Her Majesty's Customs in the said province.

of right

42: If thc author of any such painting, drawing, work of

bring action for

damages.	sculpture, engraving, or photograph, in which there shall be sub- sisting copyright, after having sold or otherwise disposed of such copyright, or if any other person not being the proprietor fur the time being of such copyright shall, without the consent of such pro- prietor, repeat, copy, colorably imitate, or otherwise multiply, or cause or procure to be repeated, copied, colorably imitated, or other- wise multiplied for sale, hire, exhibition, or di~t~ribution, any such work, or the design thereof, or the negative of any such photograph, or shall impoft or cause to be imported into the said province, or sell, pnblish, let to hire, exhibit, or distribute. or offcr for sale, hire, cxhibitioa, or distribution, or cause or procure to be sold, publislled, let to hire, exhibited, or distributed, or offered for sale, hire, exhibi- tion, or distribution, any repetition, copy, or imitation of such ~.vorl<,
or the design thereof, or the negativc of any such photograph, made without such consent as aforesaid, then every such proprietor, in addition to the remedies hereby given for the recovery of any such penalties and forfeiture of any such things as aforesaid, may recover damages by and in a special actior? on the case to be brought against the person so offending, and may in such action recover and enforce the delivery to him of all urilawful repetitions, copies, and imita- tions, and negatives of pl>otog;*aphs, or may recover damages for the retention or conversion thereof: Provided that nothing herein con- tained, nor any proceeding, conviction, or judgment €& any act in this part of this Act forbndrien, shall affect any remedy which any person aggrieved by such act may be entitled to either at law or
ill equity.

PART IV.

MISCELLANEOUS.
GENERAL PROVISIONS.

Registrar, &C.,

43. Any registrar under this Act, or any other person r;~-nployed

receiving	punished. gratu(tiaa	under or by virtue of this Act, who shall demand or receive for any matter relating to or cormccted with this Act, or the administration thereof, any gratuity or reward in money or otherwise, except the salary or remuneration authorised by the Governor, shall forfeit for every such offence Fifty Pounds to any person suing for the same by action of debt in any Court of competent jurisdiction, and he ahall also be liable to be suspended or dismissed from his office aod rendered incapable of holding any situation in the said office or the public service of the Province of South Australia, if the
Governor ahall think fit.

44. Any

41" & 42" VICTORI2l3, No. 95.
p-
-
--
The Copyriglzt Act.-1878.

44. Any person who shall wilfdly and knowingly make or cause to be made any false entry in any register book tinder this Act, or Making	PART	IT.
entrie,,

shall wilfully and lsnowingly produce, or cause to be produced or declarations, &C., a

tenilercd in evidence, any paper or parchment falsely purporting to misdemeanor.

be a copy of any entry in any such register book, shall be guilty of an indictable misderneanor, ahd sllall on conviction thereof be imprisoned for any term not exceeding three years with or withont hard labor.

shall be dccrncd personal property, and be assignable at law and personal property.

45. All proprietorship copyright and sole liberty under this Act Copyriglit to bc

transmissible by bequest, and in case of intestacy shall be subject to the same law of distribution as other personal property; and every assignment thereof, or of any part thereof, and every liccnce to use or copy by any means or process whatsover the design, article, work, or substance, which shall be the subject of such copyright, shall be made by'some note or men~orandum in writing to be signed by the proprietor of the copyright or his agent appointed for that pwposc in writing.

46. The proceedings before Justices shall be conducted as Prooeedings before
appointed by and &all be regnlatcd uiidcr thc Ordinance No. 6 Justices,
of 1850, intitulecl " A11 Orclinancc to facilitatc the performance of
the duties of Justiccs of the Peace out of Sessions with respect to
summary convictions and ordcrs,"
47. In every case of the adjudication of a finc or pecuniary NO=-payment of
penalty or amends under this Act, and of the non-p.~yment of such P ~ Y.
fine 01- pecuniary p~na l ty or alnenris, any Justice of the Peace may
commit the offender or person malring default in payment to any
gaol in the said provinre for any time not exceodiup; three calendar
months, the imprisonnlent to cease 011 pay~ncnt of thc sum and costs
due; but this section shall not aEwt any remedy for the recovery
of any fine or pecuniary penalty or ai3nounts under the said Ordi-
nance No. 6 of 1850, or any other Ordinance or Act.

48. There shall be an appeal from any order of Justices of thc Appeal.

Peace made under the provision^ hereinbefore contained, or from any order of Justices of the Peacc dismissing ally information laid undcr this Act, or from any conviction by ~ust ices for any offence against this Act, which appeal shall be to the Local Court of Adelaide of' Full .Jurisdiction only; and the proceedings in such a p p a l tlhall bc conducted in manner appointed by the said Ordi- nance, No. G of 1850, for appcnls to Local Courts, but the Local Court of Adelaiclc aforesaid may make such order as to paymenL of costs of appeal as such Court shall think fit, although such costs may exceed Ten Pounds.

49. It shall be lawful for the Local Court upon the hearing of J m a l C0ru.t of Ade-

laide may state a case

any appeal under the last preceding section to state one or more f,,op;nio,of special case or cases for the opinion of the Supreme Court, and the supreme
Supreme
41" & 42" VICTORIB, No. 95.
The Copyright Act.-1878.
Supreme Court shall hear and decide such special case 'or eases acctxding to the practice of the Supreme Court on special cases, and the Supreme Court shall make such order as to the costs of any such special case as to the said Court shall appear just, and any two or morc Justices or the Local Court of Adelaide shall make an order in respect of the matters referred to the Supreme Court in con- formity with the certificate of the said Supreme Court or of any Judge thereof, which order of the Justices of the Peace or Local Court shall be enforced in manner provided by this Act for thc enforcement of orders of Justices of the Peace; and save as herein provided no order or proceeding of Justices or of any Local Court made under the authority of this Act shall be appealed against or removed by certiornri or otherwise into the Supieme Court of the said province.

Limitation of actions,

50. All actions, suits, bills, indictments, or informations for any offence that shall be committed against this Act shall be brought, sued, laid, and commenced within two years next after such offence cornmittted, or else the same shall be void m d of none effect: Provided that such limitation of time shall not extend or be construed to extend to any actions, suits, or other yroceeclings which, under thc authority of this Act, shall or may Fe brought, sued, or cornrileiiced for or in respect of any copy or copies of books to bc dclivcred for use of the South Australian Institute, hereinbefore mentioned.

proceedings, &c.
Judge of Supreme
Court can nlakc or-	51. In any action in the Supreme Court of South Austr:dia for the infringement of copyright xnder any part of this 4ct, it shall be lawful for the Court, or any Judge of such Court, on thc application of the plaintiff or defendant, to make snch order fbr nix irxj junctiori, inspection, or account, and to give such directions resyccting snch action, injunction, inspection, or account, and the procctcdings therein respectively as tc such Court or Judgc may seem fit.
ders for injunctions.
Amending, varying, or	52. I t shall be lawful for the registrar to amend any entry in any behalf stating the amendment required by the proprietor or part or limited proprietor of the registered design, copyright, or sole liberty to which such entry refers, and upon proof to the satisfkction of such registrar that such entry requires the amendment so applied fur: Provided that upon the refusal of such registrar to amend as aforesaid, such proprietor may apply to theSupreme Court, or any Judge thereof; for an ordcr that such entry be amended as required; and such Court 9r Judge shall make such order regarding the amendment of such entry as to such Court or Judge shall seem just: And further, if any pcrson shall dccm llirnself aggrieved by any er~trv made under color of this Act in any register book, it shall be l a i f d for such person to apply by motion on notice to the Supreme Court, or to
expunging entriea in	register book under this Act upon application in writing in that

or from register book.

apply by summons to any Juclge in Chambers, for an order that such
entry may be expunged or varied; and upon any such applicatioti by motion or summons as aforesaid, such Court or Judge shall makc such order for expunging, varying, confirming, or otherwise dealing

with

41° & 42" VICTORIB, No. 95.

-
The Copyright Act.-1878.

with such entry, either with or without costs, as to such Court or	PART IV.
Judgc shall seem just.

5% If it shall appear to the satisfaction of any r cgistrar under Discretionary power

this Act that the design bronght to be registered under Part I. of registmr,	to rcgistcr vcstcd i n
this Act is not intended to be applied to any article or work of manufacture or art or substance as aforesaid, but only to some label, wrapper, or other covering ill which such article, work, or substance might be exposed for sale, or that any design as aforesaid or that
any work whether manual, mechanical, 'chemical, literary, dramatic,
musical, or artistic, or of whatever kind i t be, whether ejusdem generis or not, that may be the subject of copyright, and be regis- tered under any part of this Act, is contrary to public morality or order, it shall be lawful for such registrar in his discretion wholly to refuse to register any such design or work as aforesaid: Provided that the Governor may, on representation made to the Attorney- General by the proprietor of any such design or work so wholly refused to be registered as aforesaid, if he shall think fit, order the said registrar to register such design or work, whereupon and in such case the said registrar shall and is hereby required to register the same accordingly.

54. I t shall be lawful for the Governor from time to time to G o ~ m o r

con nmkc

rules, &C.
appoint, subject to renioval at any time, one or more registrars and (if required) assistant-rcgistrars and other necessary officers and servants for the purposes and to carry into eEect the provisions of this Act, and also from time to time to appoint, alter! or remove the offices of registry in and to such place or places as 11f: shall think fit, and also horn time to time to make, vary, alter, amend, or rescind rules which shall become valid on being published :ia the Govern- ment Gazette to regulate the form and mode of each and every kind of registration under this Act, and also from time to time, by notice in the Government Gazette, to fix or alter the scale of fees to be paid for the registration of every kind of design, copyright, sole liberty, and proprietorship, whether entire or limited, and transfers

thereof, whether entire or limited, under this Act, and for the amend- ment, alteration, and expunging of any entry in any register book, and for all searches, inspections, extracts, and copies of any register book, registered documents, or other books of reference allowed and kept in the said offices of registry by virtue of this Act, and also from time to time to regulate the manner in which such fees are to be received, kept, and accounted for, and also from time to time to frame, adopt, alter, vary, or amcnd such other rules and regulations in cmnection herewith as will give effect to the provisions of this Act according to the true intent and meaning thereof.

65. The registrar under this Act shall cause to be prepared the F$e9f,''Rc@r7
necessary sta~nps for carrying out the provisions of this Act, and also a seal bearing the impression of the royal arms, and having inscribed in the margin thereof the words "Officc of Copyright Registry of South Australia"; and all certificates, extracts, copies of entries, and
other
41° & 42' VICTORIB, No. 95.
The Copyright Act.-187 8.
other documents purporting to be impressed, stamped, or sealed with such stamps or seal, 2nd to be signed by any registrar cr assistant-registrar under t h ~ s Act, shall be admissible in evidence without production of any originals, and without further proof of
the same being correct, or of the authenticity and genuineness of
such stamps, seal, or signature.
This Act not to affect

Imperial Copyright

56. Notking in this Act contained shall be deemed to affect

Statute8 applicable to	the law of copyright as applicable to this Colony by any Imperial
Bout& Australia.	Statute now in force.

In the name and on behalf of Her Majesty, I hereby assent to
thie Bill.
WM. F. DRUNLMOND JERVOIS, Governor.

SCHEDULES

41° & 42' VICTORIB, No. 95.
The Copyright Act.-1878.
SCHEDULES.
SCHEDULE I.
Form of Transfer and Authority to Reyister.

I, A.B., author Lor proprietor] of design No.

having transferred my right

thereto Lor ij such trattsfer be partial] so far as regards the making or ornamenting of

[describe the articles or works of manufacture or art or substances, or the locality wi th

~espect to which the right is trunsferred] to B.C., of do hereby

authorise you to insert his name on the register of designs accordingly.

SCHEDULE 11.-PART

f i r m

of Repuest to Register.

1, B.C., the personmentioned in the above transfer, do request you to register my name and property in the said design as entitled [if to the entire use] to the entire

use of such design [or i f to the particd or limited use] to the partial or limited use of such design so far as regards the application thereof to rdescribe the articles or

works o f manufacture or art, or the subslances or the locality in relation to which the

right i s tranfferred.]

PART

11.

I, C.D., in whom is vested by Lstate bankrtdptcy or otherwise] the design No.
[or if such devolution be a partial or limited right] so far as regards the applica-
tion thereof to [describe the articles or works of rnanufactzcre or art or substance, or
the locality i n relation to which the right has devolved.]

SCHEDULE 111.-PART

Form o_f requiring Entry of Proprietorship,

I, A.B., of

do hereby certify that I am the proprietor of the

copyright of a book intituled Y.Z., and I hereby require you to rnake entry in the register book of my proprietorship of such copyright according to the particulars

Name and Place of Abodo

Name of Publisher and

proprietor of the

Date of

Title of Book.

Place of Publication.

Publication.

Dated this

day of

%5tness E.F.

(Signed)

A.B.

PART 11.
Original En t ry of Proprietorship of Copyright o f a Book.

Time of

Name and Place of

Title of

Name of the Publisher

making the

Abode of the Proprietor

Book.

and place of Publication.

~~~$~~~~

Entry.

of the Copyright.

C, D., Adelaide

A. B., Adelaide

SCHEDULE
41" & 42" VICTORIB, No. 95.
-

The Copyright Act.-1878.

. -

- -

SCHEDULE 1V.-PART I.

Form of

Co?zcurreme of the par ty a s s i y n i q Copyright in any Book previously regzstorecl,

I, A, B., o f

being the assignor of the copyright of the

book hereunder described, do hereby require you to makc entry of the assignment of
thc copyright therein.

Title of Book.

Assignor of the Copyright.

Assignee of Copyright.

-- -L-

Y. Z.

A. B.

C, D.

l

Dated this

day of

1 B.

Witncss-E.

(Signed) A. B.

PART

31.

Forno of f i a t ~ y

oJ [email protected] of Copy?

ight in any Book pracious(y registered.

Assignor of

As~igme

Title of Book.

[Set out the title of the book ail

refer to the page of the register book
in which the original entry of the
copyright thereof is midck.1

----

Adelaide : By authority, E. SPILLER,

Acting Goven~ment

Printer, North-terrace.