Kinematograph year book (1948)

Summary of Acts. 547 performed in public, and the present owner of the copyright has refused to allow republication, etc., so that the work is in effect withheld irom the public. An employee or apprentice does not acquire the copyright in work he does for his employer. Where a photograph is taken at the order of the sitter, who pays for it, he, and not the photographer, is the owner. It is a criminal offence to infringe copyright knowingly , and the offender is liable to a fine up to 40s. for every copy, but not more than £50 for any one transaction. In the case of second or subsequent offences, the justices can send the offender to prison for two months without the option of a fine, and in all cases may order the copies to be destroyed. No criminal charge under the Act can be brought more than six months after the act complained of. In civil proceedings the usual remedy is an injunction, but the defendant is also liable for damages unless he proves not merely that he did not know of the copyright, but also that he had no reasonable grounds for suspecting its existence. For example, if a kinema proprietor hires a film to show at one hall, he is liable for damages if he shows it at any other place (Fenning Film Service v. Wolverhampton, etc., Cinemas [1914] 3 K.B. 1171). Where the alleged infringement is such that the Court would not protect it as an original work {e.g., on the ground of indecency), the owner of the copyright cannot sue under the Act, but can claim damages for defamatory representation of his work (Glyn v. Western Feature Film Co. [1916] 1 Ch. 261). The proper way to prove a film is to call someone who has seen it shown and not to produce the film unless some point turns on the film itself. THE CELLULOID ACT. An Act known as " The Celluloid and Cinematograph Film Act of 1922 " has been passed to make better provision for the prevention of fire in premises where raw celluloid or kinematograph films are stored or used. The purposes to which this Act applies are : — ( 1 ) The keeping or storing of raw celluloid — (a) In quantities exceeding at any one time one hundredweight ; or (b) In smaller quantities unless kept (except when required to be exposed for the purpose of the work carried on in the premises) in a properly closed metal box or case ; and (2) The keeping or storing of kinematograph film — (a) In quantities exceeding at any one time twenty reels or eighty pounds in weight, or (b) In smaller quantities unless each reel is kept (except when required to be exposed for the purpose of the work carried on in the premises) in a separate and properly closed metal box or case : — • Provided that : — (i.) For the purpose of this Act, kinematograph film shall be deemed to be kept in any premises where it is temporarily deposited for the purpose of examination, cleaning, packing, re-winding or repair, but celluloid or kinematograph film shall not be deemed to be kept or stored in any premises where it is temporarily deposited whilst in the course of delivery, conveyance or transport ; and (ii.) The provisions of this Act shall not, except in the cases referred to in paragraphs (c), (d) and (e) of Sub-section (1) of Section 1 thereof, apply to premises to which tne Factory and Workshop Acts, 1901 to 1920 apply. Nor do the provisions of this Act apply to premises licensed under the Cinematograph Act, 1909. It should be pointed out, however, that under this Act any Officer duly authorised by a local authority may at any time take for analysis sufficient samples of any material which he suspects to be or to contain Celluloid. S2