Industrial and Commercial Property (Protection) Act, 1927

Penalty for certain offences.

186.—(1) Any person who shall do or cause to be done any of the following acts, that is to say:—

(a) fraudulently sign or otherwise affix, or fraudulently cause to be signed or otherwise affixed, to or upon any painting, drawing, or photograph in which copyright shall be subsisting, any name, initials, or monogram; or

(b) fraudulently sell, publish, exhibit, or dispose of, or offer for sale, exhibition, or distribution any painting, drawing, or photograph having thereon the name, initials, or monogram of a person who did not execute or make such painting, drawing, or photograph; or

(c) fraudulently utter, dispose of, or put off, or cause to be uttered, or disposed of, any copy or colourable imitation of any painting, drawing, or photograph (whether there shall or shall not be copyright subsisting therein) as having been made or executed by the author or maker of the original painting, drawing, or photograph from which such copy or imitation shall have been taken or made; or

(d) during the life and without the consent of the author or maker of any painting, drawing, or photograph which such author or maker shall have sold or with the possession of which he shall have parted, make or knowingly sell or publish or offer for sale as the unaltered work of such author or maker, any such painting, drawing, or photograph, or any copy thereof with any alteration (whether by way of addition or otherwise) which shall have been made in such painting, drawing, or photograph by any person other than the author or maker thereof after the author or maker shall have sold or parted with the possession thereof,

shall be guilty of an offence under this section and shall upon summary conviction thereof be liable to a fine not exceeding twenty pounds.

(2) On the conviction of any person of an offence under this section the painting, drawing, or photograph or the copies thereof on which the name, initials or monogram shall have been affixed, or the copy or colourable imitation of the painting, drawing, or photograph, or the altered painting, drawing, or photograph (as the case may be) shall be forfeited and shall be delivered to the person in whom the copyright (if any) in such painting, drawing, or photograph is subsisting at the date of the conviction.

(3) In this section the word “photograph” includes photolithograph and any work produced by any process analogous to photography and includes a photographic negative as well as a photographic positive.