FINE ARTS COPYRIGHT ORDINANCE

FINE ARTS COPYRIGHT ORDINANCE

CHAPTER 40.

FINE ARTS COPYRIGHT.

Relating to copyright in works of the fine arts, and for ,repressing the
coininisslon of fraud in the production

and sale of such works.

[19th October, 1901.]

1. This Ordinance may be cited as the Fine Arts Copyright
Ordinance.

2. (1) No person shall do or cause to be done any of the following
acts

(a)fraudulently sign or otherwise affix, or fraudulently cause to
be signed or otherwise affixed, to or upon any painting,
drawing or photograph, or the negative thereof, any name,
initials or monogram;

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

(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, or negative of a
photograph, whether there is subsisting copyright therein or
not, as having been made or executed by the author or maker
of the original work from which such copy or imitation has
been taken.

(2) Where the author or maker of any painting, drawing or
photograph, or negative of a photograph, made either before or after
the commencement of this Ordinance, has sold or otherwise parted with
the possession of such work, if any alteration is afterwards made
therein by any other person, by addition or otherwise, no person shall
be at liberty, during the life of the author or maker of such work,
without his consent, to make, or knowingly to sell or publish or offer for
sale, such work or any copies of such work so altered as aforesaid, or
of any part thereof, as or for the unaltered work of such author or
maker.





(3) Any offender under this section shall forfeit to the
person aggrieved a sum of one thousand dollars or not exceeding
double the full price, if any, at which all such copies, engravings,
imitations or altered works have been sold or offered for sale;
and further all such copies, engravings, imitations or altered
works shall be forfeited to the person, or the assigns or legal
representatives of the person, whose name, initials or monogram
is or are so fraudulently signed or affixed thereto or to whom
such spurious or altered work is so fraudulently or falsely
ascribed as aforesaid : Provided always that the penalties
imposed by this section shall not be incurred unless the person
whose name, initials or monogram is or are so fraudulently
signed or affixed, or to whom such spurious or altered work is so
fraudulently or falsely ascribed as aforesaid, has been living at, or
within twenty years next before, the time when the offence may
have been committed.

3. All pecuniary penalties which are incurred, and all such
unlawful copies, imitations, and all other effects and this which
are forfeited, by offenders, pursuant to this Ordinance, may be
recovered by the person hereinbefore empowered to recover the
same, either by action in the Supreme Court against the party
offending or by summary proceedings before a magistrate.
Originally 24 of 1901. Fraser 17 of 1901. 24 of 1950, Schedule. Short title. Penalties for fraudulent productions and sales. 25 & 26 Vict. C. 68, s. 7. [s. 2 cont.] 24 of 1950, Schedule. Recovery of pecuniary penalties. 25 & 26 Vict. C. 68, s. 8.

Originally 24 of 1901. Fraser 17 of 1901. 24 of 1950, Schedule. Short title. Penalties for fraudulent productions and sales. 25 & 26 Vict. C. 68, s. 7. [s. 2 cont.] 24 of 1950, Schedule. Recovery of pecuniary penalties. 25 & 26 Vict. C. 68, s. 8.

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