British Kinematography (1948)

10 contrivance by means of which the work may be mechanically performed. But, as will be remembered, it is not an infringement if certain conditions as to giving notice and payment of royalties are complied with. Also copyright is infringed where the owner of a copyright in a work has given authority or granted a licence to another person to deal with or exercise any of the rights comprised in copyright work, and where such authority or licence is exceeded. And so in one case13 where the Plaintiff granted a licence permitting one of the Defendant's concert parties to perform the Plaintiff's song, it was held that the Defendant was guilty of infringement by secretly allowing others of his concert parties to perform the same song without the consent of the Plaintiff. And in another case14, a person who had been granted the Tight to exhibit certain films in certain specified kinemas, was held to have infringed the copyright in such films by exhibiting them in other kinemas. It is also an infringement of copyright to treat the work in an unauthorised manner, and so in one case15, the Plaintiff was granted an injunction to restrain the Defendant from introducing a song not written by the Plaintiff into the latter's plays. If the film rights in a play are granted, it is permissible for those producing the film to make any reasonable alterations or deviations from the original play which may be necessary for adapting a play with dialogue to the requirements of the film, but any substantial departure from the original play and the sequence of its incidents will amount to an infringement, which will be restrained by injunction16. Acts which do not constitute an Infringement It remains to be added in connection with infringement of copyright that in certain cases of appropriation of part of another person's work, such appropriation will not amount to an infringement — this is where the appropriation in question amounts to no more than a fair dealing with any work for the purposes of private study, research, criticism, review or newspaper summary. The words " newspaper summary " are confined to their literal meaning, and it was held ' that the reproduction in a news film of a current event involving the playing of music by a band did not obtain the protection applicable to newspaper summary. It is not an infringement in a work of sculpture or artistic craftsmanship permanently situate in a public place or building, to make or publish drawings, paintings or photographs of such works, and it is not an infringement of copyright in an architectural work of art to make or publish drawings, paintings or photographs of such works. A person to whom copyright in a work has been assigned, is entitled to publish the work in any way he pleases, and it will not be an infringement of copyright that the publication may be in a form which may injure the author's reputation, and the author has no remedy unless the work is published in such a manner as to hold him up to hatred, contempt or ridicule, so as to amount to a libel. So that where a kinematograph film is ordered and made for valuable consideration in pursuance of the order, the copyright in the film belongs to the person giving the order, and it would appear that the person for whom the film was made is entitled to make alterations in the film, and the maker of the film cannot prevent such alterations from being made unless they are of such a nature as to hold the maker of the film up to hatred, contempt or ridicule. The mere fact that the film is published in a form likely to injure the maker's reputation, if falling short of a libel on the author, will not give the author any remedy.