HC Deb 17 August 1911 vol 29 cc2147-8

(1) If any person knowingly—

  1. (a) makes for sale or hire any pirated copy of a work in which copyright subsists; or
  2. (b) sells or lets for hire, or by way of trade exposes or offers for sale or hire any pirated copy of any such work; or
  3. (c) distributes pirated copies of any such work either for the purposes of trade or to such an extent as to affect pre-judically the owner of the copyright; or
  4. (d) by way of trade exhibits in public any pirated copy of any such work; or
  5. (e) imports for sale or hire into the United Kingdom any pirated copy of any such work:
he shall be guilty of an offence, under this Act and be liable on summary conviction to a fine not exceeding forty shillings for every copy dealt with in contravention of this section, but not exceeding fifty pounds in respect of the same transaction; or in the case of a second or subsequent offence, either to such fine or to imprisonment with or without hard labour for a term not exceeding two months:

(2) If any person makes or has in his possession any plate for the purpose of making pirated copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be guilty of an offence under this Act, and be liable on summary conviction to a fine not exceeding fifty pounds, or, in the case of a second or subsequent offence, either to such fine or to imprisonment with or without hard labour for a term not exceeding two months.

(3) The court before which any such proceedings are taken may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be pirated copies or plates for the purpose of making pirated copies, be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

(4) Nothing in this section shall, as respects musical works, affect the provisions of the Musical (Summary Proceedings) Copyright Act, 1902, or the Musical Copyright Act, 1906, but the last-mentioned Act shall have effect as if for the reference therein to registration under the Acts therein mentioned there were substituted a reference to registration under this Act.

Amendment made: In Sub-section (1). paragraph (a), omit the word "pirated," and insert instead thereof the word "infringing."

Corresponding drafting Amendments made throughout Clause.