Copyright: Its History and Its Law - Part 69
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Part 69

Both copyright and performing

Copyright as defined by this Act.

right.

Copyright, but not performing

Copyright as defined by this Act, right.

except the sole right to perform

the work or any substantial

part thereof in public.

Performing right, but not

The sole right to perform the copyright.

work in public, but none of the

other rights comprised in copy-

rightas defined by this Act.

For the purposes of this Schedule the following expressions, where used in the first column thereof, have the following meanings:--

"copyright," in the case of a work which according to the law in force immediately before the commencement of this Act has not been published before that date and statutory copyright wherein depends on publication, includes the right at common law (if any) to restrain publication or other dealing with the work;

"performing right," in the case of a work which has not been performed in public before the commencement of this Act, includes the right at common law (if any) to restrain the performance thereof in public.

SECOND SCHEDULE

ENACTMENTS REPEALED

----------------------+-----------------------------+------------------- SESSION AND

SHORT t.i.tLE

EXTENT OF REPEAL CHAPTER

----------------------+-----------------------------+------------------- 8 Geo. 2. c. 13.

The Engraving Copyright

The whole Act.

Act, 1734.

7 Geo. 3. c. 38.

The Engraving Copyright

The whole Act.

Act, 1767.

15 Geo. 3. c. 53.

The Copyright Act, 1775.

Sections two, four

and five.

17 Geo. 3. c. 57.

The Prints Copyright Act,

The whole Act.

1777.

54 Geo. 3. c. 56.

The Sculpture Copyright

The whole Act.

Act, 1814.

3 Geo. 4. c. 15.

The Dramatic Copyright

The whole Act.

Act, 1833.

5 & 6 Will. 4. c. 65.

The Lectures Copyright

The whole Act.

Act, 1835.

6 & 7 Will. 4. c. 59.

The Prints and Engravings

The whole Act.

Copyright (Ireland) Act,

1836.

6 & 7 Will. 4. c. 110

The Copyright Act, 1836.

The whole Act.

5 & 6 Vict. c. 45.

The Copyright Act, 1842.

The whole Act.

7 & 8 Vict. c. 12.

The International Copyright

The whole Act.

Act, 1844.

10 & 11 Vict. c. 95.

The Colonial Copyright,

The whole Act.

1847.

15 & 16 Vict. c. 12.

The International Copyright

The whole Act.

Act, 1852.

25 & 26 Vict. c. 68.

The Fine Arts Copyright

Sections one to six.

Act, 1862.

In section eight

the words "and

pursuantto any

Act for the

protection of

copyright

engravings."

Sections nine to

twelve.

38 & 39 Vict. c. 12.

The International Copyright

The whole Act.

Act, 1875.

39 & 40 Vict. c. 36.

The Customs Consolidation

Section forty-two,

Act, 1876.

from "Books wherein"

to "such copyright

will expire."

Sections forty-four,

forty-five and

one hundred and

fifty-two.

45 & 46 Vict. c. 40.

The Copyright (Musical

The whole Act.

Compositions) Act, 1882.

49 & 50 Vict. c. 33.

The International Copyright

The whole Act.

Act, 1886.

51 & 52 Vict. c. 17.

The Copyright (Musical

The whole Act.

Compositions) Act, 1888.

52 & 53 Vict. c. 42.

The Revenue Act, 1889.

Section one, from

"Books first

published" to "as

provided in that

section."

2 Edw. 7. c. 15.

The Musical (Summary

The whole Act.

Proceedings) Copyright

Act, 1902.

6 Edw. 7. c. 36.

The Musical Copyright

The whole Act.

Act, 1906.

----------------------+-----------------------------+-------------------

8. AUSTRALIAN COPYRIGHT ACT, 1905

(a.s.sented to 21st December, 1905)

Be it enacted by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia as follows:--

PART I.--PRELIMINARY

{Sidenote: Short t.i.tle}

1. _Short t.i.tle._--This Act may be cited as the Copyright Act, 1905.

{Sidenote: Commencement}

2. _Commencement._--This Act shall commence on a day to be fixed by Proclamation.

{Sidenote: Parts}

3. _Parts._--This Act is divided as follows:--

Part I.--Preliminary.

Part II.--Administration.

Part III.--Literary, Musical, and Dramatic Copyright.

Part IV.--Artistic Copyright.

Part V.--Infringement of Copyright.

Part VI.--International and State copyright.

Part VII.--Registration of Copyrights.

Part VIII.--Miscellaneous.

{Sidenote: Interpretation}

4. _Interpretation._--In this Act, unless the contrary intention appears--

"Artistic work" includes--

(_a_) Any painting, drawing, or sculpture; and

(_b_) Any engraving, etching, print, lithograph, woodcut, photograph, or other work of art produced by any process, mechanical or otherwise, by which impressions or representations of works of art can be taken or multiplied:

"Author" includes the personal representatives of an author:

{Sidenote: Interpretation}

"Book" includes any book or volume, and any part or division of a book or volume, and any article in a book or volume, and any pamphlet, periodical, sheet of letterpress, sheet of music, map, chart, diagram, or plan separately published, and any ill.u.s.tration therein:

"Dramatic work," in addition to being included in the definition of book, means any tragedy, comedy, play, drama, farce, burlesque, libretto, of an opera, entertainment, or other work of a like nature, whether set to music or otherwise, lyrical work set to music, or other scenic or dramatic composition:

"Lecture" includes a sermon:

"Musical work" in addition to being included in the definition of book, includes any combination of melody and harmony, or either of them, printed, reduced to writing, or otherwise graphically produced or reproduced: