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(3) Where, under any partial assignment of copyright, the assignee becomes entitled
to any right comprised in copyright, the assignee as respects the right so assigned, and the'
assignor as respects the rights not assigned, shall be treated for the purposes of this Act as.
the owner of the copyright, and the provisions of this Act shall have effect accordingly.
Civil Remedies.
8.
(1) Where copyright in any work has been infringed, the owner of the copyright
shall; except as otherwise provided by this Act, be entitled to all such remedies by way of
interdict, damages, accounts, and otherwise, as are or may be conferred by law for the in
fringement of a right.
(2) The costs of all parties in any proceedings in respect of the infringement of copy-
right shall be in the absolute discretion of the court.
(3) In any action for infringement of copyright in any work, the work shall be
presumed to be a work in which copyright subsists and the plaintiff shall be presumed to be
the owner of the copyright, unless the defendant puts in issue the existence- of the copyright,
or, as the case ill.ay be, the title of the plaintiff} and where any such question is in issue, then
name purporting to be that of the author of the work is printed or other-
wise indicated thereon in the usual manner, the person whose name is so
printed or indicated shall, unless the contrary is proved, be presumed to be:
the author of the work;
(a) if a
(b) if no name is so printed or indicated, or if the name so printed or indicated
is not the author's true name or the name by which he is commonly known,
and a name p-urporting to be that of the publisher or proprietor of the work
is printed or otherwise indicated thereon in the usual manner, the person
whose name is so printed or indicated shall, unless the contrary is proved,
be presumed to be the owner of the copyright in the work: for the purposes
of proceedings in respect of the infringement of copyright therein.
Rights of owner against persons possessing or dealing with infringing copies.
9.
All infringing copies of any work in which copyright subsists, or of any substantial
part thereof, and all plates used or intended to be used for the production of such infringing
copies, shall be deemed to be the property of the owner of the copyright? who accordingly
may take proceedings for the recovery of the possession thereof or in respect of the conversion
thereof.
Exemption ofinnocent infringer from liability to pay damages, etc.
10.
"Where proceedings are taken in respect of the infringement of the copyright in
any work and the defendant in his defence alleges that he was not aware of the existence
of the copyright in the work, the plaintiff shall not be entitled to any remedy other than an
interdict in respect of the infringement if the defendant proves that at the date of the infringe
ment he was not aware and had no reasonable ground for suspecting that copyright subsisted
in the work.