An Act to regulate the Law of Copyright, and for other purposes. [Assented to, 22nd October, 1878.] HEREAS it is desirable to secure to proprietors of designs for Preamble. articles and works of manufacture and art and to proprietors of works of literature and fine art the copyright of such designs and works for a limited period-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows: 1. This Act may be cited as "The Copyright Act, 1878," and is Short Title and divided into parts, as follows PART 1.-Copyright of Designs, &c., sections 3 to 12: PART II.-Copyright of Literary, Dramatic, and Musical Productions, Lectures, &c., sections 13 to 33: PART III.-Copyright of Fine Arts, &c., sections 34 to 42: PART IV.-Miscellaneous Provisions, sections 43 to 56. Division of Act 2. Save where there is anything in the context repugnant thereto Interpretation o or inconsistent therewith, the following words and expressions in this terms, &c. Act shall mean or include the matters following "Registrar" shall mean and include the registrar and assistant registrars (if any) appointed under and by virtue of this Act: "Book" shall mean and include every volume, part or division of a volume, newspaper, pamphlet, sheet of letter-press, sheet of music, map, chart, or plan, separately published: "Dramatic The Copyright Act.-1878. "Dramatic or musical production" shall mean and include every tragedy, comedy, play, opera, farce, or other scenic, musical, or dramatic piece, entertainment, or composition: "Engraving" shall mean and include every work made upon a plate, block, or slab of any material by engraving, lithography, or any other process whereby impressions may be taken from such plate, block, or slab, or whereby prints or impressions of drawings or designs are capable of being multiplied: "Drawing and painting" shall mean and include every drawing and painting made in any manner and material, and by any process: "Photograph" shall mean and include every photograph or other similar work which shall be produced by the action of light or any chemical process: "Work of sculpture" shall mean and include any and every piece of sculpture, whether in the round, in relief, or in intaglio, made in any material and by any process: "Copyright" shall mean the sole and exclusive right and liberty of making, printing, writing, drawing, painting, photographing, or otherwise howsoever multiplying copies of any matter, thing, or subject to which the said word is herein applied, or to which any original design as hereinafter described in section three of Part I. has been applied: "Proprietor" shall mean and include the author of any new and original design as hereinafter described in section three of Part I., and the author of any book, or of any tragedy, comedy, play, opera, farce, or other dramatic or musical composition or production, or of any lecture as hereinafter described in sections thirteen, twenty-three, twenty-eight, and thirty respectively of Part II., and the author of every original painting, drawing, work of sculpture, and photograph as hereinafter described in section thirty-four of Part III. of this Act, unless such author shall have executed any of the works aforesaid on behalf of another person for a good or a valuable consideration, in which case such person shall be the proprietor thereof, and shall be entitled to be registered in the place of the author. And shall also mean and include every person or persons acquiring for a good or valuable consideration such new and original design, or the right or partial or limited right to apply the same to making, selling, or ornamenting any one or more articles or works of manufacture or art, or any one or more substances as described in section three of Part I., or the copyright as herein before defined, or any part thereof in such book, tragedy, comedy, play, opera, farce, or other dramatic or musical composition or production, or in such lecture, and in such original painting, drawing, work of sculpture, and photograph; The Copyright Act.-1878. photograph; and also every person upon or to whom the "Personal representative" shall mean and include every executor, PART I. COPYRIGHT OF DESIGNS FOR ARTICLES OR WORKS PART I. 3. The proprietor of any new and original design for any article Grant of Copyright. or work of manufacture or art, and whether such article or work be for purposes of utility, ornament, or otherwise, and whether such design be applicable to the ornamentation only of any article or work of manufacture or art, or to the pattern, shape, or configuration of such article or work of manufacture or art, or to the pattern, shape, configuration, or ornamentation of any substance, artificial or natural, or partly artificial and partly natural, and whether such design be applicable to two or more of such purposes, and by whatever means such design be applicable, whether by printing, painting, embroidering, weaving, modelling, moulding, casting, embossing, engraving, staining, turning, or by any other means whatsoever, manual, mechanical, or chemical, separate or combined, and which design has not previously been published in the Province of South Australia or elsewhere, shall have the sole right to apply the said design to any article or work or to any substance aforesaid, provided the same be done in the Province of South Australia, and the sole right to make or ornament any article, work, or substance, according to such design, and the sole right to sell the same article, work, or substance so made or ornamented for the term of one, two, or three years, at the option of the proprietor, such term to be computed from the time of such design being registered according to this part of this Act. 4. No person shall be entitled to the benefit of Part I. of this Act Conditions of copywith regard to any design in respect of the application thereof as right. aforesaid to any article, work, or substance, or with regard to making or ornamenting any article or work of manufacture or art, or any such substance, or to selling the same when so made or ornamented, unless such design shall, before the publication thereof, have been registered according to Part I. of this Act, and unless the name PART I. Marks denoting a registered design. Registration how effected. Certificate of registration. The Copyright Act.-1878. name of such person shall have been registered according to said Part I. as a proprietor of such design, and unless after the publication of such design every such article, or work of manufacture or art, or such substance to which the same shall be so applied or made by him according to such design, or on which such design is used, hath thereon the word "registered," together with the name of the proprietor and the date of registration thereof. 5. The registrar appointed by virtue of this Act shall not register any such design for making or ornamenting any articles or works of manufacture or art or substances as aforesaid, unless he be furnished by the applicant for such registration, in every case save where hereinafter provided, with a model or pattern of such design, and also with two copies, drawings, prints, or written or printed, or partly written and partly printed, specifications or descriptions of such design, together with the name of every person who shall claim to be proprietor thereof, or the style or title of the firm under which such proprietor may be trading, and his place of abode, or place of carrying on his business, or other place of address, and unless the fee appointed by virtue of this Act for such registration shall have been previously paid; and the registrar shall register all such models, patterns, copies, drawings, prints, specifications, or descriptions from time to time successively as they are received by him for registration; and shall, on every such model or pattern, and its corresponding copy, drawing, print, specification, or description, mark or affix a number corresponding to the order and succession in which they are respectively received, and shall retain such model or pattern, and one of such copies, drawings, prints, specifications, or descriptions in his office, and shall return the other copy, drawing, print, specification, or description to the person by whom the same shall have been forwarded to him; and shall keep a proper index of all designs so registered: Provided that, on request of the applicant for registration, the Attorney-General, by writing under his hand, may order the registrar to dispense with any model or pattern herein before required to be furnished, in all cases in which it shall be proved to the satisfaction of the AttorneyGeneral that such model or pattern ought not to be required on the grounds of the cost and trouble to the applicant of furnishing the same. 6. Upon the registration of every model or pattern and every copy, drawing, print, specification, or description aforesaid, and upon the registration of the transfer of the right to the entire, or partial, or limited use of any such design as aforesaid, the registrar shall certify under his hand that the design has been so registered, the date of such registration, and the name of the registered proprietor, or the style or title of the firm under which such proprietor may be trading, with his place of abode or place of carrying on his business, or other place of address, and also the number of such design, together with such number or letter, or number and letter, and in such form as shall be employed by him to denote or correspond with the |