Page:Copyright, Its History And Its Law (1912).djvu/604

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572

COPYRIGHT

Prior

proceedings not affected Existing rights saved

Rights in records, perforated rolls and contrivances

Substituted rights acquired only under this Act

Limitation of existing rights

(b) nothing in this section shall afifect anything done be- fore the commencement of this Act;

(c) where any person has, before the twenty-sixth day of April, nineteen hundred and eleven, taken any ac- tion or incurred any expenditure for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or performance would, but for the passing of this Act, have been lawful, nothing in this section shall diminish or prejudice any right or interest arising from or in connection with such action or expenditure which are subsisting and valuable at the said date, unless the person who by virtue of this section becomes entitled to restrain such reproduction or performance agrees to pay such com- pensation as, failing agreement, may be determined by arbitration ;

(d) the sole right of making and authorising the making of records, perforated rolls or other contrivances by means of which literary, dramatic or musical works may be mechanically performed shall not be enjoyed by the owner of the copyright in any literary, dra- matic, or musical work for the mechanical perfor- mance of which any such contrivances have been law- fully made within His Majesty's dominions by any person before the twenty-sixth day of April, nineteen hundred and eleven ;

(e) where any person is, immediately before the com- mencement of this Act, entitled to any right in any work specified in the first column of the First Sched- ule to this Act or to any interest in such right, and such person does not satisfy the conditions conferring copyright laid down by this Act, he shall be entitled to no other right or interest, and such right shall sub- sist for the term for which it would have subsisted but for the passing of this Act.

(2.) Subject to the provisions of this Act, copyright shall not subsist in any work made before the commencement of this Act, otherwise than under and in accordance with the provisions of this section.