The Burma Copyright Act, 1914

THE BURMA COPYRIGHT ACT
[INDIA ACT III, 1914.]
(24th February, 1914.)

PART XXI.- INCORPOREAL RIGHTS (GOOD-WILL AND TRADE MARKS, COPYRIGHT, PATENTS AND DESIGNS.)

CHAPTER I. PRELIMINARY.

Definitions.

1. The Copyright Act as set out in the First Schedule and with the modifications set out herein shall apply to the Union of Burma.

2. In this Act, unless there is anything repugnant in the subject or context,-

(1) “the Copyright Act” means the Act of [Parliament of the United Kingdom of Great Britain and Ireland] entitled the Copyright Act, 1911; and

(2) words and expressions defined in the Copyright Act have the same, meanings as in that Act.

CHAPTER II. CONSTRUCTION AND MODIFICATION OF THE COPYRIGHT ACT.

Application of Copyright Act to the Union of Burma with adaptations.

3. In the application to the Union of Burma of the Copyright Act ( a copy of which Act, except such of the provisions thereof as are expressly restricted to the United Kingdom, is set out in the First Schedule), the following modifications shall be made, namely:-

(1) the powers of the Board of Trade under section 3 shall, in the case of works first published in the Union of Burma, be exercised by the President of the Union;

(2) the powers of the Board of Trade under section 19 shall, as regards records, perforated rolls and other contrivances, the original plate of which was made in the Union of Burma, be exercised by the President of the Union; and the confirmation of [Parliament of the United Kingdom of Great Britain and Ireland] shall not be necessary to the exercise of any of these powers;

(3) the references in section 19, sub-section(4), and in section 24, sub-section (1), to arbitration shall be read as references to arbitration in accordance with the law for the time being in force in that part of the Union of Burma in which the dispute occurs;

(4) as regards works the authors whereof were at the time of the making of the works resident in the Union of Burma, and as regards works first published in the Union of Burma, the reference in section 22 to the Patents and Designs Act, 1907, shall be construed as a reference to [the Burma Patents and Designs Act, 1945,] and the reference in the said section to section 86 of the Patents and Designs Act, 1907, shall be construed as a reference to [section 91] of [the Burma Patents and Designs Act, 1945];

(5) as regards works first published in the Union of Burma, the reference in section 24, sub-section (1), proviso (a), to the London Gazette and two London newspapers shall be construed as a reference to the Gazette and two newspapers published in the Union of Burma; and the reference in proviso (b) of the same sub-section of the same section to the 26th day of July, 1910, shall ,as regards works the authors whereof were at the time of the making of the works resident in the Union of Burma, and as regards works first published in the Union of Burma, be construed as a reference to the 30th day of October, 1912.

Modification of copyright as regards translations of works first published in the Union of Burma.

4. (1) In the case of works first published in the Union of Burma, copyright shall be subject to this limitation that the sole right to produce, reproduce, perform or publish a translation of the work shall subsist only for a period of ten years from the date of the first publication of the work:

Provided that if within the said period the author, or any person to whom he has granted permission so to do, publishes a translation of any such work in any language, copyright in such work as regards the sole right to produce, reproduce, perform or publish a translation in that language shall not be subject to the limitation prescribed in this sub-section.

(2) For the purposes of sub-section (1) the expression “author” includes the legal representative of a deceased author.

Musical works made by residents of, or first published in, the Union of Burma.

5. In the application of the Copyright Act to musical works the authors whereof were at the time of the making of the works resident in the Union of Burma, or to musical works first published in the Union of Burma, the term “musical work” shall, save as otherwise expressly provided by the Copyright Act, mean “any combination of melody and harmony, or either of them, which has been reduced to writing.”

Importation of copies.

6. (1) Copies made out of the Union of Burma of any work in which copyright subsists which if made in the Union of Burma would infringe copyright, and as to which the owner of the copyright gives notice in writing by himself or his agent to the Chief Customs officer, as defined in the Sea Customs Act, that he is desirous that such copies should not be imported into the Union of Burma, shall not be so imported, and shall, subject to the provisions of this section, be deemed to be prohibited imports within the meaning of section 18 of the Sea Customs Act.

(2) Before detaining any such copies, or taking any further proceedings with a view to the confiscation thereof, such Chief Customs officer, or any other officer appointed by the Chief Customs authority in this behalf, may require the regulations under this section, whether as to information, security, conditions or other matters, to be complied with, and may satisfy himself, in accordance with these regulations, that the copies are such as are prohibited by this section to be imported.

(3) The President of the Union may, by notification in the Gazette, make regulations, either general or special, respecting the detention and confiscation of copies the importation of which is prohibited by this section, and the conditions, if any, to be fulfilled before such detention and confiscation; and may, by such regulations, determine the information, notices and security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence.

(4) Such regulations may apply to copies of all works the importation of copies of which is prohibited by this section, or different regulations may be made respecting different classes of such works.

(5) The regulations may provide for the informant re-imbursing the Government all expenses and damages incurred in respect of any detention made on his information, and of any proceedings consequent on such detention. [remaining clause Omitted by The Union of Burma (Adaptation of Laws) Order, 1948]

(6) This section shall have effect as the necessary modification of section 14 of the Copyright Act.

CHAPTER III. PENALTIES.

Offences in respect of infringing copies.

7. If any person knowingly-

(a) makes for sale or hire any infringing copy of a work in which copyright subsists; or

(b) sells or lets for hire, or by way of trade exposes or offers for sale or hire, any infringing copy of any such work; or

(c) distributes infringing copies of any such work, either for the purposes of trade or to such an extent as to a affect prejudicially the owner of the copyright ; or

(d) by way of trade exhibits in public any infringing copy of any such work; or

(e) imports for sale or hire into the Union of Burma any infringing copy of any such work;

he shall be punishable with fine which may extend to twenty rupees for every copy dealt with in contravention of this section, but not exceeding five hundred rupees in respect of the same transaction.

Possession of plates for purpose of making infringing copies.

8. If any person knowingly makes, or has in his possession, any plate for the purpose of making infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in public without the consent of the owner of the copyright, he shall be punishable with fine which may extend to five hundred rupees.

Punishment on second conviction.

9. In any person, after having been previously convicted of an offence punishable under section 7 or section 8, is subsequently convicted of an offence punishable under either of these sections, he shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

Power of Court to dispose of infringing copies or plates for purpose of making infringing copies.

10. (1) The Court before which any offence under this Chapter is tried may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be destroyed or delivered up to the owner of the copyright, or otherwise dealt with as the Court may think fit.

(2) Any person affected by an order under sub-section (1) may, within thirty days of the date of such order, appeal to the Court to which appeals from the Court making the order ordinarily lie; and such appellate Court may direct that execution of the order be stayed pending consideration of the appeal.

Cognizance of offences.

11. No Court inferior to that of a Magistrate of the first class shall try any offence against this Act.

Saving in case of infringement by construction of building.

12. The provisions of this Chapter shall not apply to any case to which section 9 of the Copyright Act, regarding the restrictions on remedies in the case of a work of architecture, applies.

CHAPTER IV MISCELLANEOUS.

Courts having civil jurisdiction regarding infringement of copyright.

13. Every suit or other civil proceeding regarding infringement of copyright shall be instituted and tried in the High Court or the Court of the District Judge.

14. [Omitted by The Union of Burma (Adaptation of Laws) Order, 1948]