British Kinematography (1948)

represented, or colourable imitations thereof, then there will be an infringement. It seems to follow, therefore, that the copying of single pictures from a film cannot be restrained by the owner of the dramatic copyright in a film, but it probably could be restrained by the owner of the artistic copyright in the film. It is not an infringement of copyright to make a film or photograph, either of works of sculpture or artistic craftsmanship permanently situate in public places, but this exemption does not apply to films or photographs of paintings and drawings. The second way in which copyright is infringed, is by performance in public. Performance means any acoustic representation or any visual representation of any dramatic action in a work, including a representation made by means of any mechanical instrument. Broadcasting a work is a public performance of the work, and it was decided12 that a person who switches on a receiving set in public is responsible for a public performance, and will infringe the author's copyright, even though the performance at the broadcasting studio is authorised. Exhibition of a kinematograph film amounts to a performance of the dramatic work, which it represents, and also of the artistic work constituted by the pictures making up the film. As to what is a performance in public, is a question of fact . A performance which is of a private domestic or quasi-domestic character will not constitute an infringement of copyright, even if given without the consent of the owner of the performing rights. A performance may be held to be a public one even though not given for profit. A test usually applied is whether the performance in question is likely to injure the author's right to earn money from his work. Publication without Consent Copyright is infringed by publication, without the consent of the owner of the copyright, of any unpublished work or any substantial part thereof. It is an infringement of copyright to deal with, i.e., sell, hire, offer for sale, etc., an infringing work. These provisions are important in that they prevent persons making profit out of infringement of copyright committed by other persons. Liability for Infringement It is an infringement of copyright to authorise any act, which if done, would constitute an infringement, and a person is liable for any infringement if committed by his servant in the course of the servant's authority. And it is also an infringement actively to direct or aid another to commit an infringement. In the case where the proprietor of a music hall engaged an artiste, and authorised him to sing what songs he liked, the proprietor was held liable for infringement, because he failed to exercise proper supervision or control so as to prevent the artiste singing copyright songs. It is also an infringement to grant or purport to grant a right to do an act, which if done, would constitute an infringement, so it is an infringement to let the right of performing a kinematograph film, if the performance of the film would constitute an infringement. Where a person for his private profit permits a theatre or other place of entertainment to be used for the performance in public of any work without the consent of the owner of the copyright, he is liable for infringement, unless he was not aware and had no reasonable ground for suspecting that the performance would be an infringement of copyright. Copyright in any literary, dramatic or musical work is infringed by making, without the consent of the owner, any record, kinematograph film, or other