Musical (Summary Proceedings) Copyright Act 1902

JurisdictionUK Non-devolved
Citation1902 c. 15
Year1902


Musical (Summary Proceedings) Copyright Act, 1902

(2 Edw. 7.) CHAPTER 15.

An Act to amend the Law relating to Musical Copyright.

[22nd July 1902]

B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Seizure, &c. of pirated copies.

1 Seizure, &c. of pirated copies.

1. A court of summary jurisdiction, upon the application of the owner of the copyright in any musical work, may act as follows: If satisfied by evidence that there is reasonable ground for believing that pirated copies of such musical work are being hawked, carried about, sold or offered for sale, may, by order, authorise a constable to seize such copies without warrant and to bring them before the court, and the court, on proof that the copies are pirated, may order them to be destroyed, or to be delivered up to the owner of the copyright if he makes application for that delivery.

S-2 Power to seize copies on hawkers.

2 Power to seize copies on hawkers.

2. If any person shall hawk, carry about, sell or offer for sale any pirated copy of arty musical work, every such pirated copy may be seized by any constable without warrant, on the request in writing of the apparent owner of the copyright in such work, or of his agent thereto authorised in writing, and at the risk of such owner.

On seizure of any such copies, they shall be conveyed by such constable before a court of summary jurisdiction, and, on proof that they are infringements of copyright, shall be forfeited or destroyed or otherwise dealt with, as the court may think fit.

S-3 Definitions.

3 Definitions.

3.‘Musical copyright’ means the exclusive right of the owner of such copyright, under the Copyright Acts in force for the time being, to do, or to authorise another person to do, all or any of the following things in respect of a musical work:—

(1) To make copies by writing or otherwise of such musical work.

(2) To abridge such musical work.

(3) To make any new adaptation, arrangement or setting of such musical work, or of the melody thereof, in any notation or system.

‘Musical work’ means any combination of melody and harmony, or either of them, printed, reduced to writing, or otherwise graphically produced or reproduced.

‘Pirated musical work’ means any musical work written, printed or otherwise reproduced, without the consent lawfully given by the owner of...

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