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10 1963

COPYRIGHT ACT, 1963

FIRST SCHEDULE.

Transitional Provisions.

Section 6 .

PART I.

Provisions relating to Parts I and II of Act.

1. For the purposes of the application of subsection (3) of section 3 of this Act to an act done before the commencement of a provision of this Act to which that subsection applies, references to copyright include references to copyright under the Act of 1911 and the Act of 1927, and, in relation to copyright under those Acts, references to the licence of the owner are references to the consent or acquiescence of the owner.

2. In the application of sections 8 and 9 of this Act to works first published before the commencement of those sections, subsection (2) of section 8, and subsection (3) of section 9 shall apply as if paragraphs (b) and (c) of subsection (2) of section 8 and of subsection (3) of section 9 were omitted.

3. In relation to any photograph taken before the commencement of section 9 of this Act, subsection (7) of that section shall not apply, but, subject to subsection (3) of that section, copyright subsisting in the photograph by virtue of that section shall continue to subsist until the end of the period of fifty years from the end of the year in which the photograph was taken.

4. (1) Subsections (2) to (4) of section 10 of this Act shall not apply—

(a) to any work made as mentioned in subsection (2) or subsection (4) of that section, if the work was so made before the commencement of that section, or

(b) to any work made as mentioned in subsection (3) of that section, if the work was or is so made in pursuance of a contract made before the commencement of that section.

(2) In relation to any work to which the preceding subparagraph of this paragraph applies, subsection (1) of the said section 10 shall have effect subject to the following proviso, namely, that—

(a) where, in the case of an engraving, photograph, or portrait, the plate or other original was ordered by some other person and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement to the contrary, the person by whom such plate or other original was ordered shall be the first owner of the copyright; and

(b) where an author was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine, or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine, or similar periodical.

5. For the purposes of section 11 of this Act, the fact that, to a person's knowledge, the making of an article constituted an infringement of copyright under the Act of 1927, or would have constituted such an infringement if the article had been made in the place into which it is imported, shall have the like effect as if, to that person's knowledge, the making of the article had constituted an infringement of copyright under this Act.

6. Subsection (7) of section 12 of this Act does not apply to assignments made or licences granted before the commencement of that section.

7. References in section 13 of this Act to records previously made by, or with the licence of, the owner of the copyright in a work, include references to records previously made by, or with the consent of, the owner of the copyright in that work under the Act of 1927.

8. (1) In relation to a painting, drawing, engraving, photograph or cinematograph film made before the commencement of section 14 of this Act, subsection (5) of that section shall apply, if by virtue of subsection (3) of that section, the making of the painting, drawing, engraving, photograph or film would not have constituted an infringement of copyright under this Act if this Act had been in operation at the time when it was made.

(2) In subsection (10) of section 14 of this Act, the reference to construction by, or with the licence of, the owner of the copyright in any architectural drawings or plans includes a reference to construction by, or with the licence of, the person who, at the time of the construction, was the owner of the copyright in the drawings or plans under the Act of 1927 or under any enactment repealed by that Act.

PART II.

Provisions relating to Part III of Act.

9. The repeal by this Act of Parts VI and VII of the Act of 1927 shall not affect the operation of subsections (1) and (8) of section 169 (which relates to copyright in mechanical musical instruments) of that Act as respects contrivances referred to in that section made before the commencement of section 17 of this Act.

10. Subsection (6) of section 17 of this Act shall not apply to a sound recording made before the commencement of that section and subsection (11) of the said section 17 shall not apply to assignments made or licences granted before the commencement of that section.

11. Section 18 of this Act shall not apply to cinematograph films made before the commencement of that section.

12. The provisions of this Act, other than this paragraph, shall have effect in relation to a cinematograph film made before the commencement of section 18 of this Act as if it had been a dramatic work within the meaning of the Act of 1927; and the person who was the author of the work for the purposes of the Act of 1927 shall be taken to be the author thereof for the purposes of the said provisions as applied by this paragraph.

13. The provisions of this Act shall have effect in relation to photographs forming part of a cinematograph film made before the commencement of section 18 of this Act as those provisions have effect in relation to photographs not forming part of a cinematograph film.

14. Copyright shall not subsist by virtue of section 19 of this Act in any television broadcast or sound broadcast made before the commencement of that section.

15. For the purposes of subsection (4) of section 19 of this Act, a previous television broadcast or sound broadcast shall be disregarded if it was made before the commencement of that section.

16. For the purposes of subsections (5) to (7) of section 21 of this Act, the fact that, to a person's knowledge, the making of an article constituted an infringement of copyright under the Act of 1927, or would have constituted such an infringement if the article had been made in the place into which it is imported, shall have the like effect as if, to that person's knowledge, the making of the article had constituted an infringement of copyright under this Act.

PART III.

Provisions relating to Part IV of Act.

17. Nothing in section 22 of this Act shall apply to any infringement of copyright under the Act of 1927, or shall affect any proceedings under that Act, whether begun before or after the commencement of that section.

18. Section 24 of this Act shall not apply with respect to any article made, or, as the case may be, imported, before the commencement of that section; but, notwithstanding the repeal by this Act of section 160 of the Act of 1927 (which contains provisions corresponding to subsections (1) and (2) of the said section 24, proceedings may (subject to the provisions of that Act) be brought or continued by virtue of the said section 160 in respect of any article made or imported before the repeal, although the proceedings relate to the conversion or detention thereof after the repeal took effect.

19. Section 25 of this Act shall not apply to any licence granted before the commencement of that section, and shall not affect any proceedings under the Act of 1927, whether begun before or after the commencement of that section.

20. For the purposes of section 27 of this Act the definition of “infringing copy” in section 24 of this Act shall apply as if any reference to copyright in that definition included a reference to copyright under the Act of 1927.

21. Where before the commencement of section 28 of this Act a notice had been given under section 165 of the Act of 1927 (which contains provisions corresponding to the said section 28) and that notice had not been withdrawn and had not otherwise ceased to have effect before the commencement of the said section 28, the notice shall have effect after the commencement of that section as if it had been duly given thereunder; but a notice shall not continue to have effect by virtue of this paragraph after the end of the period of six months beginning with the commencement of the said section 28.

PART IV.

Provisions relating to Part V of Act.

22. The provisions of Part V of this Act shall apply in relation to licence schemes made before the commencement of that Part as they apply in relation to licence schemes made thereafter, subject to the modification that references in the said Part V to copyright shall be deemed to include references to copyright under the Act of 1927.

23. In section 34 of this Act, references to a refusal or failure to grant or procure the grant of a licence, or to a proposal that a licence should be granted, do not include a refusal or failure, or a proposal made, before the commencement of that section.

PART V.

Provision relating to Part VI of Act.

24. Copyright shall not subsist by virtue only of section 44 of this Act in any sound recording published before the commencement of that section.

PART VI.

Provisions relating to Part VII of Act.

25. (1) Where by virtue of any provision of this Act copyright subsists in a work, any document or event which—

(a) was made or occurred before the commencement of that provision, and

(b) had any operation affecting the title to copyright in the work subsisting by virtue of the Copyright Act, 1911, and the Copyright (Preservation) Act, 1929 , or the Act of 1927, or would have had such an operation if Parts VI and VII of the Act of 1927 had continued in force,

shall have the corresponding operation in relation to the copyright in the work under this Act:

So, however, that, if the operation of any such document was or would have been limited to a period specified in the document, it shall not have any operation in relation to the copyright under this Act, except in so far as that period extends beyond the commencement of the provision of this Act by virtue of which copyright subsists in the work.

(2) For the purposes of the operation of a document in accordance with the preceding subparagraph of this paragraph—

(a) expressions used in the document shall be construed in accordance with their effect immediately before the commencement of the provision in question, notwithstanding that a different meaning is assigned to them for the purposes of this Act; and

(b) subsection (1) of section 49 of this Act shall not apply.

(3) Without prejudice to the generality of subparagraph (1) of this paragraph, the proviso to subsection (2) of section 158 of the Act of 1927 shall apply to assignments and licences having effect in relation to copyright under this Act in accordance with that subparagraph, as if that proviso had been re-enacted in this Act.

(4) In relation to copyright under this Act in a sound recording or in a cinematograph film, the preceding provisions of this paragraph shall apply subject to the following modifications, that is to say—

(a) in the case of a sound recording, references to the copyright under the Act of 1911 or the Act of 1927 shall be construed as references to the copyright under the Act of 1911 or the Act of 1927, as the case may be, in records embodying the recording, and

(b) in the case of a cinematograph film, references to the copyright under the Act of 1911 or the Act of 1927 shall be construed as references to any copyright under the Act of 1911 or the Act of 1927, as the case may be, in the film, in so far as it constituted a dramatic work for the purposes of the Act of 1911 or the Act of 1927, as the case may be, or in photographs forming part of the film.

(5) In this paragraph “operation affecting the title”, in relation to copyright under the Act of 1911 or the Act of 1927, means any operation affecting the ownership of that copyright, or creating, transferring or terminating an interest, right or licence in respect of that copyright.

26. (1) Section 50 of this Act shall not apply to a bequest contained in the will, or a codicil to the will, of a testator who died before the commencement of that section.

(2) In the case of an author who died before the commencement of the said section 50, subsection (2) of section 167 of the Act of 1927 shall have effect as if it had been re-enacted in this Act.

27. Subsection (4) of section 51 of this Act shall apply in relation to photographs taken before the commencement of that section as if paragraph (a) and the words “in the case of any other artistic work” in paragraph (b) of that subsection were omitted.

28. Notwithstanding the repeal of section 168 of the Act of 1927, the copyright belonging to the Government, immediately before the commencement of this paragraph, in any work by virtue of the said section 168 shall continue for the unexpired portion of the period of fifty years mentioned therein.

29. (1) Paragraphs (b) and (c) of subsection (2) of section 54 of this Act shall apply to any such act as is therein mentioned, if done after the commencement of that section, notwithstanding that the name in question was inserted or fixed before the commencement of that section.

(2) Subject to the preceding subparagraph of this paragraph, no act done before the commencement of the said section 54 shall be actionable by virtue of that section.

(3) In this paragraph “name” has the same meaning as in the said section 54.

PART VII.

Works Made Before 1st July, 1912.

30. (1) This Part of this Schedule applies to works made before the 1st day of July, 1912.

(2) In this Part of this Schedule “right conferred by the Act of 1911”, in relation to a work, means such a substituted right as, by virtue of section 24 of the Act of 1911, was conferred in place of a right subsisting immediately before the commencement of that Act.

31. Notwithstanding anything in Part I of this Schedule, neither subsection (1) or subsection (2) of section 8 of this Act, nor subsection (2) or subsection (3) of section 9 of this Act, shall apply to a work to which this Part of this Schedule applies, unless a right conferred by the Act of 1911 subsisted in the work immediately before the commencement of the said section 8 or section 9, as the case may be.

32. (1) Where, in the case of a dramatic or musical work to which this Part of this Schedule applies, the right conferred by the Act of 1911 did not include the sole right to perform the work in public, then, in so far as copyright subsists in the work by virtue of this Act, the acts restricted by the copyright shall be treated as not including those specified in subparagraph (3) of this paragraph.

(2) Where, in the case of a dramatic or musical work to which this Part of this Schedule applies, the right conferred by the Act of 1911 consisted only of the sole right to perform the work in public, then, in so far as copyright subsists in the work by virtue of this Act, the acts restricted by the copyright shall be treated as consisting only of those specified in subparagraph (3) of this paragraph.

(3) The said acts are—

(a) performing the work or an adaptation thereof in public;

(b) broadcasting the work or an adaptation thereof;

(c) causing the work or an adaptation thereof to be transmitted to subscribers to a diffusion service.

33. Where a work to which this Part of this Schedule applies consists of an essay, article or portion forming part of and first published in a review, magazine or other periodical or work of a like nature, and immediately before the commencement of section 8 of this Act, a right of publishing the work in a separate form subsisted by virtue of the note appended to the First Schedule to the Act of 1911, that note shall have effect, in relation to that work, as if it had been re-enacted in this Act with the substitution, for the word “right” where it first occurs, of the word “copyright”.

34. (1) Without prejudice to the generality of subparagraph (1) of paragraph 25 of this Schedule, the provisions of this paragraph shall have effect where—

(a) the author of a work to which this Part of this Schedule applies had, before the commencement of the Act of 1911, made such an assignment or grant as is mentioned in paragraph (a) of the proviso to subsection (1) of section 24 of that Act (which relates to transactions whereby the author had assigned, or granted an interest in, the copyright or performing right in a work for the full term of that right under the law in force before the Act of 1911), and

(b) copyright subsists in the work by virtue of any provision of this Act.

(2) If, before the commencement of that provision of this Act, any event occurred, or notice was given, which in accordance with paragraph (a) of the said proviso had any operation affecting the ownership of the right conferred by the Act of 1911 in relation to the work, or creating, transferring or terminating an interest; right or licence in respect of that right, that event or notice shall have the corresponding operation in relation to the copyright in the work under this Act.

(3) Any right which, at a time after the commencement of that provision of this Act, would, by virtue of paragraph (a) of the said proviso, have been exercisable in relation to the work, or to the right conferred by the Act of 1911, if this Act had not been passed, shall be exercisable in relation to the work or to the copyright therein under this Act, as the case may be.

(4) If, in accordance with paragraph (a) of the said proviso, the right conferred by the Act of 1911 would have reverted to the author or his personal representatives on the date referred to in that paragraph, and the said date falls after the commencement of the provision of this Act whereby copyright subsists in the work, then on that date—

(a) the copyright in the work under this Act shall revert to the author or his personal representatives, as the case may be, and

(b) any interest of any other person in that copyright which subsists on that date by virtue of any document made before the commencement of the Act of 1911 shall thereupon determine.

PART VIII.

General and Supplementary Provisions.

35. (1) The provisions of this paragraph shall have effect for the construction of any reference in any provision of this Act to qualified persons.

(2) Where, at any time after the commencement of any provisions of this Act, a provision which contains such a reference has not been applied in the case of a country under section 43 of this Act, then, with respect to any time before the provision is so applied, the reference shall be construed as if the provision did apply to that country.

(3) References in any order under section 175 of the Act of 1927 to works first published in the State shall, in relation to published works the authors of which were at the time of first publication subjects or citizens of a country to which the order relates be construed as references to works of which the authors were qualified persons at the time of such publication.

(4) In relation to photographs taken before the commencement of section 9 of this Act, and to sound recordings made before the commencement of section 17 of this Act the definition of “qualified person” in subsection (5) of section 7 of this Act shall apply as if, in paragraph (b) of that subsection, for the words “body incorporated under the laws of the State”, there were substituted the words “body corporate which has established a place of business in the State”.

36. (1) The provisions of the two next following subparagraphs shall apply where—

(a) immediately before the date on which Parts VI and VII of the Act of 1927 are repealed by this Act, provisions of the said Part VI have effect as applied by an order made in respect of a country under section 175 of the Act of 1927 as amended by section 11 of the Industrial and Commercial Property (Protection) (Amendment) Act, 1957 ; and

(b) no order under section 43 of this Act applying any provisions of this Act in the case of that country, is made so as to come into force on or before that date.

(2) The provisions of Part VI of the Act of 1927 as applied to any country by an order under the said section 175 (as so amended as aforesaid) shall continue to have effect, notwithstanding the repeal of the said Part VI, until the occurrence of whichever of the following events first occurs, that is to say:

(a) the revocation of the order made under section 175 (as amended) of the Act of 1927;

(b) the coming into operation of an order under section 43 of this Act applying any of the provisions of this Act in the case of the foreign country in question.

(3) For the purposes of continuing, varying or terminating the operation of any of the provisions of Part VI of the Act of 1927 in accordance with the last preceding subparagraph, and for the purposes of any proceedings arising out of the operation of those provisions in accordance with that subparagraph, all the provisions of Parts VI and VII of the Act of 1927 (including the power to make orders under section 175 (as amended) of that Act) shall be treated as continuing in force as if none of those provisions had been repealed by this Act.

37. Without prejudice to the operation of any of the preceding provisions of this Schedule—

(a) any enactment or other document referring to an enactment repealed by this Act shall be construed as referring (or as including a reference) to the corresponding enactment of this Act;

(b) any enactment or other document referring to copyright, or to works in which copyright subsists, if apart from this Act it would be construed as a reference to copyright under the Act of 1927, or to works in which copyright subsists under that Act, shall be construed as referring (or including a reference) to copyright under this Act, or, as the case may be, to works or any other subject-matter in which copyright subsists under this Act;

(c) any reference in an enactment or other document to the grant of an interest in copyright by licence shall be construed, in relation to copyright under this Act, as a reference to the grant of a licence in respect of that copyright.

38. (1) Except in so far as it is otherwise expressly provided in this Schedule, the provisions of this Act apply in relation to things existing at the commencement of those provisions as they apply in relation to things coming into existence thereafter.

(2) For the purposes of any references in this Schedule to works, sound recordings or cinematograph films made before the commencement of a provision of this Act, a work, recording or film, the making of which extended over a period, shall not be taken to have been so made unless the making of it was completed before the commencement of that provision.

39. In this Schedule—

photograph” includes photolithograph and any work produced by any process analogous to photography, and has not the meaning assigned to it by section 2 of this Act;

the Act of 1911” means the Copyright Act, 1911.