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The change in the duration of the term of copyright is one of the most important effected 

 by the Act. Under the old law the terms were for engravings 28 years; for sculpture 14 

 years, with a possible additional 14; for paintings, drawings and photographs, the life of 

 the author and 7 years after his death. The term of life and 50 years was decided upon to 

 enable Great Britain to fall into line with the other countries of Europe, the great majority 

 of these already having accepted this term. 



Ownership of copyright. The author of the work is the first owner of its copyright. There 

 are two exceptions: 



(A) A person giving a commission for valuable consideration for a portrait, an engraving 

 or a photograph, is the first owner of the copyright therein; (B) Where a work is made by a 

 person in the employment under a contract of service of some other person the copyright 

 belongs to the employer. 



This is without doubt as regards the painter and draughtsman the most important 

 change made by the Act. Under the old law it was necessary for the mere existence of a 

 copyright in a painting or drawing that on the first sale of the work a document be prepared 

 stating to whom the copyright should belong. If it remained with the artist the document 

 had to be signed by the purchaser, if it passed with the work to the purchaser it had to be 

 signed by the artist, and in the event of no agreement in this form being made on the first 

 sale the copyright ceased to exist, and the work could be reproduced by any one able to gain 

 access to it for this purpose. The photographer came under the same law, .but as the copy- 

 right in a photograph lies in the negative which is very seldom sold, the photographer was 

 but slightly affected. Up to the date of sale the copyright was protected by common law. 

 The passing of copyright to a person giving a commission is now restricted to the case of a 

 portrait, an engraving or photograph; previously it passed without agreement in all cases 

 of commission of a painting, drawing or photograph, but not of an engraving or sculpture. 



Licenses. The owner of a copyright may assign his rights wholly or partially either for 

 the whole term of his copyright or any portion of it, and may grant any interest in his rights 

 by license. These grants must be in writing signed by the owner of copyright. 



There was some doubt under the old law as to the right of a copyright owner to split up 

 and part with portions of his right, i.e. whether he could grant a right to one person to 

 reproduce his work in black and white, and to another in colour or to use it for post -cards, 

 while the right to make a large coloured Christmas supplement went to another. It is clear 

 under the new Act that he may also grant licences for a time or for the whole term of his 

 copyright. It also does away with the provision in respect to the sculpture copyright that 

 it could only pass by deed signed and sealed and by the attestation of witnesses, and also 

 with the necessity in the case of an engraving copyright to have the written agreement 

 attested by credible witnesses. 



Civil Remedies. When copyright has been infringed, the owner, except in the case of an 

 infringing work of architecture, is entitled to an injunction or interdict, to damages and to 

 an account of sales. In the case of a work of architecture the construction of the alleged 

 infringing building cannot be stopped by injunction. Infringing copies of a work, except a 

 work of architecture, are deemed to be the property of the owner of copyright. When 

 proceedings are taken against an infringer who alleges in his defence that he did not know 

 of the existence of copyright in the work, the onus of proof that he did not know and had 

 not reasonable means of making himself aware of its existence lies on the infringer. 



An action in respect of infringement of copyright must be begun within three years after 

 the infringement. 



If a work is signed or the authorship otherwise indicated on the work in the usual manner, 

 it is presumed that the person whose name is signed or so indicated is the author of the work. 

 If the work is published the name of the publisher, if the name of the author is not given, is 

 accepted as prima facie proof of ownership of copyright. The great change effected in the; 

 law is the doing away entirely with registration, which was formerly necessary as prima 

 facie proof of copyright in the case of paintings, drawings and photographs. 



The innocent infringer was unknown under the old law. Absence of knowledge was no 

 defence. The common law protected copyright from infringement, as it protected property 

 from trespass. The limitation of time for the beginning of action was practically the six 

 years prescribed by the statute of limitations. 



Summary Remedies. Any person who knowingly infringes copyright is liable on conviction 

 to a fine not exceeding forty shillings for every copy dealt with, but not exceeding fifty pounds 

 in respect of the same transaction. On a second offence the infringer is liable to imprison- 

 ment, with or without hard labour, for a term not exceeding two months. Infringing copies 

 made outside the United Kingdom and imported may be stopped at the port of entrance on 

 notice being given in writing to the commissioners of Customs and Excise. 



Clauses 7 and 8 of the 1862 Fine Arts Copyright Act remain operative under the new 

 law. They impose penalties for (i) the fraudulent signing of paintings, drawings and 

 photographs, with names or signs misleading as to authorship; (2) the fraudulent publishing 

 or selling such fraudulently signed works; (3) the fraudulent putting forth copies of works, 

 as original works by the author of those from which the copies have been made; (4) the 



