Part 2 — ADDENDUM MUSICAL (SUMMARY PROCEEDINGS) COPYRIGHT ACT, 1902. 2 Edw. VII. c. 15.

Since this work went to press the Musical Copyright Bill mentioned on page 231 has received the Royal Assent and become law. The Act will come into operation on October 1, 1902, and its application is limited to the United Kingdom. The Act gives the owner of copyright music power to seize pirated copies of his works from any person who may hawk, carry about, sell, or offer for sale the same. To exercise this power he may proceed in one of two ways. He may apply to a court of summary jurisdiction, and on primâ facie evidence the court will by order authorise a constable to seize the alleged pirated copies, or he may without applying to the court himself authorise a constable in writing to seize such copies. On the copies being seized by the constable they must be brought before the court, and on proof that they are pirated copies the court will order them to be destroyed or delivered to the owner of the copyright. If the owner authorises the seizure without an order from the court and fails to prove his case he might be liable in damages. If, therefore, the owner is not quite sure of his case he should first obtain the order of the court, which will relieve him from all responsibility, except costs, in the event of his failing. The Bill as originally brought into the House of Lords contained a clause empowering a court of summary jurisdiction to inflict a summary penalty on persons dealing with pirated music. It also proposed to give the court power to order a constable to search for pirated music on suspected premises. These remedies, however, were considered by the House of Commons to be too drastic and were omitted from the Act.