PART VII.

MISCELLANEOUS PROVISIONS IN RELATION TO COPYRIGHT.

178. —(1) The publisher of every book first published in Saorstát Eireann shall, within one month after the publication, deliver, at his own expense, a copy of the book to the trustees of the National Library of Ireland, a copy of the book to the authority having control of the Library of Trinity College, Dublin, three copies of the book for or in accordance with the directions of the authority having control of the National University of Ireland for the use of the respective libraries of the three constituent Colleges of that University, and a copy of the book to the trustees of the British Museum, and such trustees and authority respectively shall give a written receipt for every book so delivered to them:

Provided that the Minister may, on the application of the trustees of the National Library of Ireland, or of the authority having control of the Library of Trinity College, Dublin, or of any of the respective authorities having control of the three constituent Colleges of the National University of Ireland, or of the trustees of the British Museum, make regulations excepting from the provisions of this sub-section in regard to the trustees or authority making the application, publications wholly or mainly in the nature of trade advertisements, or such classes of such publications as may be specified in the regulations, and thereupon it shall not be necessary for the publisher of any publication so excepted to deliver the publication to such trustees or authority or for such trustees or authority to give a receipt therefor, unless as respects any particular publication a written demand for the delivery thereof is made by such trustees or authority.

(2) He shall also, if written demand is made before the expiration of twelve months after publication, deliver within one month after receipt of that written demand or, if the demand was made before publication, within one month after publication, to some address in Dublin named in the demand a copy of the book for, or in accordance with the directions of, the authority having the control of each of the following libraries, namely: the Bodleian Library, Oxford, the University Library, Cambridge, the National Library of Scotland, and the National Library of Wales. In the case of an encyclopædia, newspaper, review, magazine, or work published in a series of numbers or parts, the written demand may include all numbers or parts of the work which may be subsequently published.

(3) The copy delivered to the trustees of the British Museum shall be a copy of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the book are published, and shall be bound, sewed, or stitched together, and on the best paper on which the book is printed.

(4) The copy delivered for the other authorities mentioned in this section shall be on the paper on which the largest number of copies of the book is printed for sale, and shall be in the like condition as the books prepared for sale.

(5) If a publisher fails to comply with this section, he shall be liable on summary conviction to a fine not exceeding five pounds and the value of the book, and the fine shall be paid to the trustees or authority to whom the book ought to have been delivered.

(6) For the purposes of this section, the expression “book” includes every part or division of a book, pamphlet, sheet of letterpress, sheet of music, map, plan, chart or table separately published, but shall not include any second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress or in the maps, prints, or other engravings belonging thereto.

179. —(1) There shall be kept at the Office a book called the register of artistic works wherein shall be entered the names and addresses of proprietors of the copyright in registered artistic works, notifications of assignments and transmissions of such copyright, and such other matters as may be prescribed.

(2) The register of artistic works shall be primâ facie evidence of all matters by this Act directed or authorised to be entered therein.

(3) The controller may (subject to the provisions of this section), on the application made in the prescribed form and manner of any person who is the author of an artistic work defining a design, register such artistic work in the register of artistic works.

(4) An artistic work shall not be registered under this section unless, in the case of a published work, the work was first published after the commencement of this Part of this Act or, in the case of an unpublished work, the work was made after the commencement of this Part of this Act.

(5) An artistic work registered in the register of artistic works shall continue to be so registered so long as copyright subsists therein under this Act and shall on the expiration of such copyright be removed from the register by the controller.

(6) The controller may, if he thinks fit, refuse to register any artistic work presented to him for registration and in particular may refuse to register any such artistic work the use of which would in his opinion be contrary to law or morality.

(7) Any person aggrieved by a refusal of the controller to register an artistic work may appeal, if the refusal is on the ground that the use of the artistic work would be contrary to law or morality, to the law officer or, in any other case, to the Court.

(8) The controller may, on request made in the prescribed manner by the registered proprietor of an artistic work or by some person entitled by law to act in his name, correct any clerical error in or in connection with the registration of such artistic work, or enter in such register any change in the name or address of any person whose name or address is entered in such register in relation to such artistic work, or cancel the registration of such artistic work.

(9) Section 129 (which relates to the power of the court to amend a register) of this Act shall apply to the register of artistic works in like manner in all respects as it applies to the register of designs.

180. —(1) Part VI . of this Act shall apply to an artistic work defining a design if, in the case of a published work, such work was first published after the commencement of this Part of this Act or, in the case of an unpublished work, such work was made after the commencement of this Part of this Act.

(2) For the purpose of the application under this section of Part VI . of this Act to an artistic work defining a design, “copyright” shall include the sole right—

(a) to publish the design defined in the work,

(b) to authorise the industrial application of the design.

(3) Where, in the case of an artistic work defining a design to which by virtue of this section Part VI . of this Act applies the author was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person and the design defined in the work is used or intended to be used for an industrial purpose there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the use of the design for any other industrial purpose.

(4) All the provisions of Part VI . of this Act in regard to penalties in relation to infringing copies of works in which copyright subsists shall apply to infringing copies of works in which copyright subsists by virtue of this section.

181. —(1) It shall be the duty of the proprietor of every theatre, hall, room, or other place, in which public entertainments are held to keep or cause to be kept in such theatre, hall, room, or place a register, in the form prescribed by the Minister, of all public entertainments held in such theatre, hall, room, or place, and within twelve hours after every such public entertainment to enter or cause to be entered in such register such particulars of the entertainment and of the person holding the same as shall be prescribed by regulations made by the Minister under this section.

(2) Every register kept in pursuance of this section may be inspected at all reasonable times by any officer of the Minister duly authorised by him in that behalf or by any person who is the author of or owner of the copyright in any published work.

(3) The Minister may by Order make regulations prescribing all or any of the following matters, that is to say:—

(a) the form of the register to be kept in pursuance of this section,

(b) the particulars to be entered in the register in respect of every entertainment, and of the person holding the same,

(c) defining the person who is to be deemed, in respect of any particular entertainment, to hold the same.

(4) If any person who is required by this section to keep, or cause to be kept, any such register as aforesaid—

(a) fails to keep such register or to cause the same to be kept, or

(b) fails to make or cause to be made in such register within the time prescribed by this section any entry required by or under this section to be made therein, or

(c) fails to produce such register for the inspection of any person entitled under this section to inspect the same or obstructs or impedes any such person in making such inspection, or

(d) wilfully or negligently makes or causes or permits to be made in such register any entry which is false or misleading in any material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding ten pounds.

(5) For the purposes of this section—

(a) inspection of a register includes taking copies thereof or of any part thereof, and

(b) “entertainment” means the presentation of any dramatic work as defined in Part VI . of this Act or the giving of a lecture as similarly defined: Provided that “lecture” shall not for the purposes of this section include sermon.

182. —The District Court, upon the application of the owner of the copyright in any musical work, may act as follows: If satisfied by evidence that there is reasonable ground for believing that pirated copies of such musical work are being hawked, carried about, sold, or offered for sale, may by order authorise a member of the Gárda Síochána to seize such copies without warrant and to bring them before the court, and the court, on proof that the copies are pirated copies, may order them to be destroyed, or to be delivered up to the owner of the copyright if he makes application for that delivery.

183. —If any person shall hawk, carry about, sell, or offer for sale any pirated copy of any musical work, every such pirated copy may be seized by any member of the Gárda Síochána without warrant on the request in writing of the apparent owner of the copyright in such work, or of his agent thereto authorised in writing, and at the risk of such owner.

On seizure of any such copies, they shall be conveyed by such member of the Gárda Síochána before the District Court and, on proof that they are infringements of copyright, shall be forfeited or destroyed or otherwise dealt with as the court may think fit.

184. —(1) Every person who prints, reproduces, or sells or exposes, offers, or has in his possession for sale, any pirated copies of any musical work, or has in his possession any plates for the purpose of printing or reproducing pirated copies of any musical work, shall (unless he proves that he acted innocently) be guilty of an offence under this section punishable on summary conviction; and shall be liable to a fine not exceeding five pounds, and on a second or subsequent conviction to imprisonment with or without hard labour for a term not exceeding two months or to a fine not exceeding ten pounds: Provided that a person convicted of an offence under this section who has not previously been convicted of such an offence, and who proves that the copies of the musical work in respect of which the offence was committed had printed on the title page thereof a name and address purporting to be that of the printer or publisher, shall not be liable to any penalty under this section unless it is proved that the copies were to his knowledge pirated copies.

(2) Any member of the Gárda Síochána may take into custody without warrant any person who in any street or public place sells or exposes, offers, or has in his possession for sale any pirated copies of any such musical work as may be specified in any general written authority addressed to the superintendent of the Gárda Síochána for the district to which the authority relates and signed by the apparent owner of the copyright in such work or his agent thereto authorised in writing, requesting the arrest, at the risk of such owner, of all persons found committing offences under this section in respect to such work, or who offer for sale any pirated copies of any such specified musical work by personal canvass or by personally delivering advertisements or circulars.

(3) A copy of every written authority addressed to a superintendent of the Gárda Síochána under this section shall be open to inspection at all reasonable hours by any person without payment of any fee, and any person may take copies of or make extracts from any such authority.

185. —(1) If the District Court is satisfied by information on oath that there is reasonable ground for suspecting that an offence against this Part of this Act is being committed on any premises, the court may grant a search warrant authorising the member of the Gárda Síochána named therein to enter the premises between the hours of six of the clock in the morning and nine of the clock in the evening, and if necessary, to use force for making such entry, whether by breaking open doors or otherwise, and to seize any copies of any musical work or any plates in respect of which he has reasonable ground for suspecting that an offence against this Part of this Act is being committed.

(2) All copies of any musical work and plates seized under this section shall be brought before the District Court, and if proved to be pirated copies or plates intended to be used for the printing or reproduction of pirated copies shall be forfeited and destroyed or otherwise dealt with as the court thinks fit.

186. —(1) Any person who shall do or cause to be done any of the following acts, that is to say:—

(a) fraudulently sign or otherwise affix, or fraudulently cause to be signed or otherwise affixed, to or upon any painting, drawing, or photograph in which copyright shall be subsisting, any name, initials, or monogram; or

(b) fraudulently sell, publish, exhibit, or dispose of, or offer for sale, exhibition, or distribution any painting, drawing, or photograph having thereon the name, initials, or monogram of a person who did not execute or make such painting, drawing, or photograph; or

(c) fraudulently utter, dispose of, or put off, or cause to be uttered, or disposed of, any copy or colourable imitation of any painting, drawing, or photograph (whether there shall or shall not be copyright subsisting therein) as having been made or executed by the author or maker of the original painting, drawing, or photograph from which such copy or imitation shall have been taken or made; or

(d) during the life and without the consent of the author or maker of any painting, drawing, or photograph which such author or maker shall have sold or with the possession of which he shall have parted, make or knowingly sell or publish or offer for sale as the unaltered work of such author or maker, any such painting, drawing, or photograph, or any copy thereof with any alteration (whether by way of addition or otherwise) which shall have been made in such painting, drawing, or photograph by any person other than the author or maker thereof after the author or maker shall have sold or parted with the possession thereof,

shall be guilty of an offence under this section and shall upon summary conviction thereof be liable to a fine not exceeding twenty pounds.

(2) On the conviction of any person of an offence under this section the painting, drawing, or photograph or the copies thereof on which the name, initials or monogram shall have been affixed, or the copy or colourable imitation of the painting, drawing, or photograph, or the altered painting, drawing, or photograph (as the case may be) shall be forfeited and shall be delivered to the person in whom the copyright (if any) in such painting, drawing, or photograph is subsisting at the date of the conviction.

(3) In this section the word “photograph” includes photolithograph and any work produced by any process analogous to photography and includes a photographic negative as well as a photographic positive.

187. —In this Part of this Act—

the expression “musical work” means any combination of melody and harmony, or either of them, printed, reduced to writing, or otherwise graphically produced or reproduced; the expressions “pirated musical work” and “pirated copies” respectively mean any musical work written, printed, or otherwise reproduced, without the consent, lawfully given, of the owner of the copyright in such musical work;

the expression “plates” includes any stereotype or other plates, stones, matrices, transfers, or negatives used or intended to be used for printing or reproducing copies of any musical work: Provided that the expressions “pirated copies” and “plates” shall not, for the purposes of this Part of this Act, be deemed to include perforated music rolls used for playing mechanical instruments, or records used for the reproduction of sound waves, or the matrices or other appliances by which such rolls or records respectively are made;

the expression “artistic work,” and the word “publication” in relation to any work, and the word “infringing” when applied to a copy of a work in which copyright subsists, have the same meaning as they respectively have in Part VI . of this Act.