PART IV. Limitation of actions, proceedings, &c. Judge of Supreme Court can make orders for injunctions. Amending, varying, or expunging entries in or from register book. The Copyright Act.-1878. Supreme Court shall hear and decide such special case or cases according to the practice of the Supreme Court on special cases, and the Supreme Court shall make such order as to the costs of any such special case as to the said Court shall appear just, and any two or more Justices or the Local Court of Adelaide shall make an order in respect of the matters referred to the Supreme Court in conformity with the certificate of the said Supreme Court or of any Judge thereof, which order of the Justices of the Peace or Local Court shall be enforced in manner provided by this Act for the enforcement of orders of Justices of the Peace; and save as herein provided no order or proceeding of Justices or of any Local Court made under the authority of this Act shall be appealed against or removed by certiorari or otherwise into the Supreme Court of the said province. 50. All actions, suits, bills, indictments, or informations for any offence that shall be committed against this Act shall be brought, sued, laid, and commenced within two years next after such offence committed, or else the same shall be void and of none effect: Provided that such limitation of time shall not extend or be construed to extend to any actions, suits, or other proceedings which, under the authority of this Act, shall or may be brought, sued, or commenced for or in respect of any copy or copies of books to be delivered for use of the South Australian Institute, herein before mentioned. 51. In any action in the Supreme Court of South Australia for the infringement of copyright under any part of this Act, it shall be lawful for the Court, or any Judge of such Court, on the application of the plaintiff or defendant, to make such order for an injunction, inspection, or account, and to give such directions respecting such action, injunction, inspection, or account, and the proceedings therein respectively as to such Court or Judge may seem fit. 52. It shall be lawful for the registrar to amend any entry in any register book under this Act upon application in writing in that behalf stating the amendment required by the proprietor or part or limited proprietor of the registered design, copyright, or sole liberty to which such entry refers, and upon proof to the satisfaction of such registrar that such entry requires the amendment so applied for: Provided that upon the refusal of such registrar to amend as aforesaid, such proprietor may apply to the Supreme Court, or any Judge thereof, for an order that such entry be amended as required; and such Court or Judge shall make such order regarding the amendment of such entry as to such Court or Judge shall seem just: And further, if any person shall deem himself aggrieved by any entry made under color of this Act in any register book, it shall be lawful for such person to apply by motion on notice to the Supreme Court, or to apply by summons to any Judge in Chambers, for an order that such entry may be expunged or varied; and upon any such application by motion or summons as aforesaid, such Court or Judge shall make such order for expunging, varying, confirming, or otherwise dealing with The Copyright Act.-1878. with such entry, either with or without costs, as to such Court or Judge shall seem just. PART IV. registrar. 53. If it shall appear to the satisfaction of any registrar under Discretionary power this Act that the design brought to be registered under Part I. of to register vested in this Act is not intended to be applied to any article or work of manufacture or art or substance as aforesaid, but only to some label, wrapper, or other covering in which such article, work, or substance might be exposed for sale, or that any design as aforesaid or that any work whether manual, mechanical, chemical, literary, dramatic, musical, or artistic, or of whatever kind it be, whether ejusdem generis or not, that may be the subject of copyright, and be registered under any part of this Act, is contrary to public morality or order, it shall be lawful for such registrar in his discretion wholly to refuse to register any such design or work as aforesaid: Provided that the Governor may, on representation made to the AttorneyGeneral by the proprietor of any such design or work so wholly refused to be registered as aforesaid, if he shall think fit, order the said registrar to register such design or work, whereupon and in such case the said registrar shall and is hereby required to register the same accordingly. 54. It shall be lawful for the Governor from time to time to Governor can make rules, &c. appoint, subject to removal at any time, one or more registrars and (if required) assistant-registrars and other necessary officers and servants for the purposes and to carry into effect the provisions of this Act, and also from time to time to appoint, alter, or remove the offices of registry in and to such place or places as he shall think fit, and also from time to time to make, vary, alter, amend, or rescind rules which shall become valid on being published in the Government Gazette to regulate the form and mode of each and every kind of registration under this Act, and also from time to time, by notice in the Government Gazette, to fix or alter the scale of fees to be paid for the registration of every kind of design, copyright, sole liberty, and proprietorship, whether entire or limited, and transfers thereof, whether entire or limited, under this Act, and for the amendment, alteration, and expunging of any entry in any register book, and for all searches, inspections, extracts, and copies of any register book, registered documents, or other books of reference allowed and kept in the said offices of registry by virtue of this Act, and also from time to time to regulate the manner in which such fees are to be received, kept, and accounted for, and also from time to time to frame, adopt, alter, vary, or amend such other rules and regulations in connection herewith as will give effect to the provisions of this Act according to the true intent and meaning thereof. Office." 55. The registrar under this Act shall cause to be prepared the Seal of "Registry necessary stamps for carrying out the provisions of this Act, and also a seal bearing the impression of the royal arms, and having inscribed in the margin thereof the words "Office of Copyright Registry of South Australia"; and all certificates, extracts, copies of entries, and other PART IV. This Act not to affect Imperial Copyright The Copyright Act.-1878. other documents purporting to be impressed, stamped, or sealed with such stamps or seal, and to be signed by any registrar or assistant-registrar under this Act, shall be admissible in evidence without production of any originals, and without further proof of the same being correct, or of the authenticity and genuineness of such stamps, seal, or signature. 56. Nothing in this Act contained shall be deemed to affect Statutes applicable to the law of copyright as applicable to this Colony by any Imperial Statute now in force. South Australia. In the name and on behalf of Her Majesty, I hereby assent to this Bill. WM. F. DRUMMOND JERVOIS, Governor. SCHEDULES The Copyright Act.-1878. SCHEDULES. SCHEDULE I. Form of Transfer and Authority to Register. I, A.B., author [or proprietor] of design No. having transferred my right thereto or if such transfer be partial] so far as regards the making or ornamenting of [describe the articles or works of manufacture or art or substances, or the locality with respect to which the right is transferred] to B.C., of authorise you to insert his name on the register of designs accordingly. do hereby SCHEDULE II.—PART I. Form of Request to Register. I, B.C., the person mentioned in the above transfer, do request you to register my name and property in the said design as entitled [if to the entire use] to the entire use of such design [or if to the partial or limited use] to the partial or limited use of such design so far as regards the application thereof to [describe the articles or works of manufacture or art, or the substances or the locality in relation to which the right is transferred.] PART II. I, C.D., in whom is vested by [state bankruptcy or otherwise] the design No. [or if such devolution be of a partial or limited right] so far as regards the application thereof to [describe the articles or works of manufacture or art or substance, or the locality in relation to which the right has devolved.] SCHEDULE III.—PART I. Form of requiring Entry of Proprietorship. I, A.B., of do hereby certify that I am the proprietor of the copyright of a book intituled Y.Z., and I hereby require you to make entry in the register book of my proprietorship of such copyright according to the particulars underwritten. I, A. B., of The Copyright Act.-1878. SCHEDULE IV.-PART I. Form of Concurrence of the party assigning Copyright in any Book previously registered. being the assignor of the copyright of the book hereunder described, do hereby require you to make entry of the assignment of the copyright therein. Form of Entry of Assignment of Copyright in any Book previously registered. : Adelaide By authority, E. SPILLER, Acting Government Printer, North-terrace. |