Or otherwise, or of any subject being matter of invention in sculpture, r of any alto or basso-relievo representing any of the matters or things hereinbefore mentioned, or any cast from nature of the human figure or of any part or parts of the human figure, or of any cast from nature of any animal, or of any part or parts of an animal, or of any subject containing or representing any of the matters and things herein before mentioned, whether separate or combined. 3. It shall be lawful for the Governor to appoint a Registrar of Copyrights, with an office to be called the Registry of Copyrights, and until such appointment be made the Registrar-General shall be, and perform the duties of, Registrar of Copyrights, and the office of the said Registrar-General shall be the Registry of Copyrights. 4. There shall be kept by the Registrar of Copyrights a book of registry, entitled "The Register of Proprietors of Copyright in Literary and Artistic Works," wherein may be entered a Memorandum of every copyright in any literary or artistic work or portion of each copyright, and also of every subsequent assignment of any such copyright or portion of such copyright, and such Memorandum shall contain such particulars and be in such form as is prescribed by the form given in the Schedule to this Ordinance, and such book or books of registry shall at all convenient times be open to the inspection of any person on payment of 1s. for every entry which shall be searched for or inspected in the said book or books, and the Registrar of Copyrights shall, whenever thereunto reasonably required, give a copy of any entry in such book or books certified under his hand and impressed with the stamps of the Registry of Copyrights to be provided by the Registrar of Copyrights for the purpose, and which he is hereby required to provide to any person. requiring the same on payment to him of the sum of 5s., and such copies so certified and impressed shall be received in evidence in all Courts and in all summary proceedings, and shall be prima facie proof of the proprietorship or assignment of copyright as therein. expressed, but subject to be rebutted by other evidence, and in the case of dramatic or musical pieces shall be prima facie proof of the right of representation or performance, subject to be rebutted as aforesaid. 5. It shall be lawful for the proprietor of copyright in any literary or artistic work to make entry in the registry book or books. Lereinbefore directed to be kept of the several particulars hereinafter prescribed and in the form applicable to the case given in Schedule (A) of this Ordinance of the copyright or of any portion of such copyright in any such literary or artistic work upon payment of the sum of 58. to the Registrar of Copyrights, and it shall be lawful for every such registered proprietor to assign his interest or any portion of his interest therein by making entry in the said. book of registry of such assignment and of the name and abode of the assignee thereof in the form given in that behalf in the said Schedule on payment of the like sum, and such assignment so entered shall be effectual in law to all intents and purposes whatsoever without being subject to any stamp or duty, and shall be of the same force and effect as if the same had been made by deed. 6. The following particulars of literary and artistic works are hereby required to be entered in any entry of proprietorship in copyright therein or any part thereof, that is to say, as regards books and dramatic pieces or musical compositions in the event of the same having been printed, the title thereof, the name and place of abode of the author or composer thereof, the name and place of abode of the proprietor of the copyright thereof, the time and place of the first publication, representation, or performance thereof, as the case may be: Provided always that if a book be published anonymously or pseudonymously it shall be sufficient to insert in the entry thereof the name and place of abode of the first publisher thereof instead of the name and place of abode of the author thereof, together with a declaration that such entry is made either on behalf of the author or on behalf of such first publisher, as the case may require, and as regards dramatic pieces and musical compositions in manuscript, the title to the same, the name and place of abode of the author or composer thereof, the name and place of abode of the proprietor of the right of representing or performing the same, and the time and place of the first representation thereof. regards prints, the title thereof, the name and place of abode of the inventor, designer, or engraver thereof, the name of the proprietor of the copyright therein, and the time and place of the first publication thereof. And as regards any original painting, drawing, or photograph, the name and place of abode of the author thereof, together with a short description of the nature and subject of such work, and, in addition thereto, if the person registering shall so desire, a sketch outline or photograph of the said work. And as regards any article of sculpture or any other literary or artistic work in which there is copyright by law, a descriptive title thereof, the name and place of abode of the maker thereof, the name of the proprietor of copyright therein and the time and place of its first publication. 7. If any person shall wilfully make or cause to be made any false entry in the aforesaid book or books of registry or shall wilfully produce or cause to be tendered in evidence any paper falsely purporting to be a copy of any entry in the said book or books, he shall be guilty of an indictable misdemeanour, and shall be liable to imprisonment, with or without hard labour, for any period not exceeding five years. 8. If any person shall deem himself aggrieved by any entry made under colour of this Ordinance in the said book or books of registry, it shall be lawful for such person to apply by motion to the Supreme Court or any Judge thereof for an order that such entry may be expunged or varied, and upon any such application such Court or Judge shall make such order for expunging, varying, or confirming such entry either with or without costs as to such Court or Judge shall seem just, and the Registrar of Copyrights shall, on production to him of any such order for expunging or varying such entry, expunge or vary the same according to the requisitions of such order. 9. The Registrar of Copyrights shall account for all sums of money received by him to the Governor, and it shall be lawful for the Governor to appropriate the money so received in the remuneration of the Registrar of Copyrights and the payment of any expenses incurred in carrying out the provisions of this Ordinance in such manner as the Governor, with the advice and consent of the Executive Council, shall think fit: Provided that any balance of such moneys not so appropriated shall form part of the general revenue of the Colony. PART II. 10. Three printed or lithographed copies of the whole of every book not being a publication consisting merely of a price list, sale catalogue, annual report, trade circular, or trade advertisement which shall be printed or lithographed in this Colony after this Ordinance shall come into force, together with all maps, prints, or other engravings belonging thereto, finished and coloured in the same manner as the best copies of the same shall be produced, and also of any second or subsequent edition which shall be so produced with any additions or alterations, whether the same shall be in letter-press or in the maps, prints, or other engravings belonging thereto, and whether the first edition of such book shall have been produced before or after this Ordinance shall come into force, shall, within one calendar month after the day on which any such book shall first be delivered out of the press, and, notwithstanding any agreement (if the book be published) between the printer and publisher thereof, be delivered free of any charge, claim, or demand whatsoever by the printer, bound, sewed, or stitched together, and upon the best paper on which the same shall be printed or lithographed, to the Registrar of Copyrights. The publisher or other person employing the printer shall, at a reasonable time before the expiration of the said month, supply him with all maps, prints, and engravings, finished and coloured as aforesaid, which may be necessary to enable him to comply with the requirements aforesaid. 11. The Registrar of Copyrights shall thereupon give a receipt in writing for the copies so received. 12. One of such copies shall be transmitted to Her Majesty's Secretary of State for the Colonies, another copy shall be disposed of as the Governor, with the advice of the Executive Council, shall from time to time, by general or special order, direct, and the remaining copy shall, after a Memorandum containing the particulars hereinafter mentioned respecting the book shall have been registered as hereinafter provided, be deposited in such Public Library, or be otherwise disposed of as the Governor shall from time to time determine. 13. There shall be kept at the Registry of Copyrights, and by the Registrar of Copyrights, a book to be called "A Catalogue of Books printed in Trinidad," wherein shall be registered a Memorandum of every book which shall have been delivered pursuant to section 10 of this Ordinance; such Memorandum shall (so far as may be practicable) contain the following particulars, that is to say: (1.) The title of the book and the contents of the title-page, with a translation into English of such title and contents, when the same are not in the English language; (2.) The language in which the book is written; (3.) The name of the author, translator, or editor of the book or any part thereof; (4.) The subject; (5.) The place of printing and the place of publication; (6.) The name or firm of the printer, and the name or firm of the publisher; (7.) The date of issue from the press or of the publication; (8.) The number of sheets, leaves, or pages; (9.) The size; (10.) The first, second, or other number of the edition; (12.) Whether the book is printed or lithographed; (13.) The price at which the book is sold to the public; and (14.) The name and residence of the proprietor of the copyright or of any portion of such copyright. Such Memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the copies thereof in manner aforesaid. 14. The Memoranda registered during each quarter in the said catalogue shall be published in the "Royal Gazette" as soon as may be after the end of such quarter, and a copy of the Memoranda so published shall be sent to the said Secretary of State for the Colonies. 15. Every printer who neglects to deliver three copies of any such book as is referred to in section 10 of this Ordinance, or of any second or subsequent edition of any such book, to the officer, and in the manner hereinbefore prescribed, commits an offence punishable by a fine not exceeding 57. 16. Every publisher or other person, employing any such printer, who neglects to supply him in manner aforesaid with maps, prints, or engravings finished and coloured as aforesaid, which may be necessary to enable such printer to comply with the provisions of the said section, commits an offence punishable by a fine not exceeding 51. 17. All pecuniary penalties imposed under this Ordinance may be sued for and recovered in the manner prescribed by the Ordinance No. 5 of 1868, intituled "An Ordinance respecting the Summary Administration of Justice." 18. The Governor, with the advice of the Executive Council, shall have power to make such rules as may be necessary or desirable for carrying out the objects of this Ordinance, and from time to time to repeal, alter, and add to such rules. All such rules and all repeals and alterations thereof and additions thereto shall be published in the "Royal Gazette." 19. The Governor, with the advice of the Executive Council, may, by notification in the "Royal Gazette," exclude any class of books from the operation of the whole or any part or parts of Part II in this Ordinance. Passed in Council this 18th day of June, in the year of our Lord 1888. A. C. ROSS, Clerk of the Council. THE SCHEDULE. Form of original Entry of Proprietorship of Copyright, viz. : As regards Books, Dramatic Pieces, or Musical Compositions, where the same has been Printed. |