COPYRIGHT (APPLICATION OF THE COPYRIGHT ACT) REGULATIONS

COPYRIGHT (APPLICATION OF THE COPYRIGHT ACT) REGULATIONS

COPYRIGHT.

COPYRIGHT (APPLICATION OF THE COPYRIGHT
ACT) REGULATIONS.

(Cap. 39, section 2).
(Ordinance No. 11 of 1918).

[20th Sept., 1918.]

1. The notice in writing to be given to the Director of
Commerce and Industry, hereinafter referred to as the
Director, under section 14 of the Copyright Act, 1911, as
modified by section 2 of the Ordinance, by the owner of the
copyright in any, book or other printed work in which
copyright subsists under the Copyright Act, 1911, or his
agent, who is desirous that copies thereof printed or reprinted
Out Of the Colony shall not be imported into the Colony,
shall be in Form 1 in the Appendix or as near thereto as
circumstances permit.

2. The notice in writing to be given to the Director
under section 14 of the Copyright Act, 1911, as modified by
Section 2 Of the Ordinance, by the owner of the copyright in
any work (other than a book or other printed work).in which
copyright subsists under the Copyright Act, 1911, or his
agent, who is desirous that copies thereof made out of the
Colony shall not be imported into the Colony, may be either
a general notice in Form 2 in the Appendix or as near
thereto as circumstances permit, or a special notice in Form 3
in the Appendix relatillg to a particular importation.

3. Every notice given in pursuance of these regulations
in Form l Or 2 in the Appendix shall be accompanied by
a statutory declaration in Form 4 in the Appendix.

4. Before any article which appears, or is alleged, to
be a copy of a work to which a notice applies is detained,
or any further proceedings with a view to the forfeiture
thereof under the law relating thereto are taken, the person
who signed the notice whether as owner or agent shall, if
required to do so, give to the Director in writing such further
information and evidence, verified if so required by a





statutory declaration, as he considers necessary to satisfy him that the
article in question is liable to detention and forfeiture.

5. In the case of any detention in consequence of a notice in Form
3 in the Appendix given to the Director, the person who signed the
notice whether as owner or agent must if so required deposit with the
Director a sum of money sufficient in the opinion of the Director to
cover any expense which may be incurred in the examination required
by reason of his notice of the goods detained, and if upon the
examination of the goods the is satisfied that there is no ground. for
their detention, they will be released.

6. If any goods are placed under detention in consequence of any
notice given in pursuance of these regulations, the Director may require
the person who signed the notice to give an undertaking in writing to
reimburse hini all expenses and damages incurred in respect of the
detention, and of any proceedings for forfeiture subsequently taken if
such an undertaking has not already been given, and may also require
him within four days after the detention to enter into a bond with two
approved sureties in Such amount and for such amount as the Director
rnay require.

7. Any deposit of money previously made will be returned on the
completion of the bond.

8. The notice to be given under section 14 of the Copyright Act,
1911, may, instead of being given to the ,Director, be given to the
Commissioners of Customs and Excise of the United Kingdom, and if so
given and comi-nunicated by the said Commissioners to the Director
shall be deemed to have been given to the Director.

In these regulations-

'owner of the copyright' has the same meaning as in section 14 of the
Copyright Act, 1911;

'book or other printed work' means every part or division of a book,
pamphlet, sheet of letter-press, sheet of music, map, plan, chart or
table separately published.

10. These regulations may be cited as the Copyright (Application
of the Copyright Act) Regulations.





APPENDIX.

[r. 1.1 FORM 1.

No tic e.
Relating to copyright books and other printed works.
To the Director of Commerce and Industry.

of
hereby give you notice that copyright in the original work (1) men-
tioned in the schedule hereto now subsists under the Copyright Act,
1911, and that (2) the owner of the copyright
in the said work (1) and that (3) desirous that
copies of the said work (1) printed or reprinted out of the Colony
shall not be imported into the Colony.

Dated this day of 19
Signature ............................................................
(4) ............................................................

Schedule.
Title of book (5) ..................................................................
Description of printed work, if not a book ...........................
....... 1
Full name of author or authors ..........................................
..................................
Whether author or authors alive; if not, date of death ............
..................................
When and where (6) book or printed work first published ......
..................................

NOTE-Where advantage has been taken of the provisions of the Copyright
Act. 1911, as to simultaneous publication, the date and place stated should be those
which entitled the work to copyright in the Colony.

[r. 2.] FORm 2.

Notice.
Rel ating to copyright works, other than books
or other printed works.

To the Director of Commerce and Industry.

of
hereby give you notice that copyright in the original work mentioned
in the schedule hereto now subsists under the Copyright Act, 1911,





and that (1)the owner of the copyright in the
said work and that (2)desirous that copies of the
said work made out of the Colony shall not be imported into the
Colony.

Dated this day of 19

Signature ............................................................
(3).............................. 1 ---

Schedule.
Title of work .(if any) .........................................................
Full description of work ......................................................
Initials or marks (if any) usually placed on copies of work
...................................
Full name of author or authors ..........................................
.............
Whether author or authors alive; if not, date of death .........
................................................................................
When and where (4) work first published ...........................
...................................
If work not published-
Whether author British subject or not .................................
...................................
If not a British subject, name of country in which author was
resident or domiciled at date of the making of the work
...................................
In the case of photographs, photographic records and music rolls,
date of making the original negative or original plate ......
............. 1 1

NOTE-Where advantage has been taken of the provisiois of the Copyright
Act, 1911, as to simultaneous publication, the date and place stated should be those
which entitled the work to copyright in the Colony.

[r. 2.] FoRm 3.

Notice.

Relating to a particular importation.

To the Director of Commerce and Industry.

I,
of
hereby give you notice that I am the owner (1)
of the copyright in a certain original work as to which copyright
now subsists under the Copyright Act, 1911, and that the under-





mentioned goods, that is to say (2)are about
to be imported into Hong Kong on or about the day

of next in the (3)
from

That such goods are liable to detention and forfeiture as being (4)

And I request that the said goods may be detained and dealt with
accordingly, - and I hereby -undertake to -reimburse the Director of Commerce
and Industry all expenses and damages to be incurred in respect of the
detention and of any proceedings for forfeiture which may be subsequently
taken.

Dated this day of 19

Signature ............................................................

(.5) .........' ...1

[r. 3.] FORm 4.

Statutory declaration. 1, of

do solemnly and sincerely declare that the contents of the notice hereto
annexed are true, and I make this solemn declaration conscientiously believing
the same to be true and by virtue of the provisions of the Statutory
Declarations Act, 1835.

Declared by the above-named

at this day of 19

Before me

A Commissioner for Oaths.

CHAPTER 40.
(Ordinance No. 17 Of 1901).
FINE ARTS COPYRIGHT.
No subsidlary legislation.
Regulations - Fraser, vol. 3, p. 872. (Cap. 39.) [r. 4 cont.] (1) or works. (2) if notice is given by the owner, insert I am; if given by an agent, insert name of owner and the word is. (3) I am or he is. (4) If an agent, insert Agent of Owner. (5) The notice may apply to a number of books or printed works, in which case the particulars in the schedule must be given as respects each book or printed work. (6) It is sufficient to state the country of first publication. (1) If notice is given by the owner, insert I am; if given by an agent, insert name of owner and the word is. (2) I am or he is. (3) If an agent, insert Agent of Owner. (4) It is sufficient to state the country of first publication. (1) or agent for the owner. (2) Describe the goods, number of packages, marks used and any other particulars necessary for their identification. (3) Describe the ship and give name or indication. (4) State if the goods are copies of the original work made out of the Colony, or how otherwise the goods are liable to seizure, detention and forfeiture. (5) If an agent, insert Agent of Owner.

Regulations - Fraser, vol. 3, p. 872. (Cap. 39.) [r. 4 cont.] (1) or works. (2) if notice is given by the owner, insert I am; if given by an agent, insert name of owner and the word is. (3) I am or he is. (4) If an agent, insert Agent of Owner. (5) The notice may apply to a number of books or printed works, in which case the particulars in the schedule must be given as respects each book or printed work. (6) It is sufficient to state the country of first publication. (1) If notice is given by the owner, insert I am; if given by an agent, insert name of owner and the word is. (2) I am or he is. (3) If an agent, insert Agent of Owner. (4) It is sufficient to state the country of first publication. (1) or agent for the owner. (2) Describe the goods, number of packages, marks used and any other particulars necessary for their identification. (3) Describe the ship and give name or indication. (4) State if the goods are copies of the original work made out of the Colony, or how otherwise the goods are liable to seizure, detention and forfeiture. (5) If an agent, insert Agent of Owner.

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