Copyright Act 1968/Part 11

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Part XI.—Transitional.

Division 1.—Preliminary.

Definitions. 204.—(1.) In this Part, the expression “photograph” has, in lieu of the meaning given to that expression by section 10 of this Act, the meaning given by the next succeeding sub-section.

(2.) For the purposes of any provision of this Part that provides that an expression is to have the meaning given to that expression by this section or that refers to an expression as defined by this section—

“collective work” means—

(a) an encyclopaedia, dictionary, year book or similar work;

(b) a newspaper, review, magazine or similar periodical; or

(c) a work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated;

“deliver”, in relation to a lecture, includes deliver by means of a mechanical instrument;

“dramatic work” includes a piece for recitation, a choreographic work or entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise, and a cinematograph production where the arrangement, the acting form or the combination of incidents represented gives the work an original character;

“lecture” includes an address, speech and sermon;

“literary work” includes a map, chart, plan, table and compilation;

“perform”, in relation to a dramatic work as defined by this section or a musical work, means make an acoustic representation of the work or a visual representation of a dramatic action in the work, and includes make such a representation by means of a mechanical instrument;

“photograph” includes photo-lithograph and a work produced by a process similar to photography.

References to making of works, recordings and films. 205. For the purposes of any reference in this Part to works, sound recordings or cinematograph films made before the commencement of this Act, a work, sound recording or cinematograph film the making of which extended over a period shall be deemed not to have been made before the commencement of this Act unless the making of it was completed before the commencement of this Act.

References in other laws or instruments to copyright. 206.—(1.) Without prejudice to the operation of the succeeding sections of this Part—

(a) a reference in any other law of the Commonwealth or in any contract, agreement or other instrument to a provision of the Copyright Act, 1911 shall be read as a reference, or as including a reference, to the corresponding provision of this Act;

(b) a reference in any other law of the Commonwealth or in any contract, agreement or other instrument to copyright or to works in which copyright subsists shall, if apart from this Act it would be read as a reference to copyright under the Copyright Act, 1911 or to works in which copyright subsisted under that Act, be read as a reference, or as including a reference, to copyright under this Act or to works or any other subject-matter in which copyright subsists under this Act, as the case may be; and

(c) a reference in any other law of the Commonwealth or in any contract, agreement or other instrument to the grant of an interest in copyright by licence shall be read, in relation to copyright under this Act, as a reference to the grant of a licence in respect of that copyright.

(2.) This section has effect unless the contrary intention appears in the other law of the Commonwealth or in the contract, agreement or other instrument, as the case may be.

(3.) In this section, “law of the Commonwealth” means—

(a) an Act;

(b) an instrument (including regulations or rules) having effect by virtue of an Act;

(c) an Ordinance of a Territory of the Commonwealth and any other law in force in a Territory of the Commonwealth;

(d) an instrument (including regulations or rules) having effect by virtue of such an Ordinance or law; and

(e) an instrument having effect by virtue of any such regulations or rules as are mentioned in paragraph (b) or paragraph (d) of this sub-section.

Application. 207. Except in so far as this Part otherwise expressly provides, this Act applies in relation to things existing at the commencement of this Act in like manner as it applies in relation to things coming into existence after the commencement of this Act.

Authorship of photographs. 208. A reference in this Act to the author of a photograph shall, in relation to a photograph taken before the commencement of this Act, be read as a reference to the person who, at the time when the photograph was taken, was the owner of the material on which the photograph was taken.

Publication. 209.—(1.) For the purposes of the application of sub-section (5.) of section 29 of this Act in determining whether a publication that took place before the commencement of this Act was the first publication, the reference in that sub-section to a period of not more than thirty days shall be read as a reference to a period of not more than fourteen days.

(2.) For the purposes of the application of sub-section (7.) of section 29 of this Act in relation to an act done before the commencement of this Act—

(a) a reference in that sub-section to copyright includes a reference to copyright under the Copyright Act 1905 and to copyright under the Copyright Act, 1911; and

(b) a reference in that sub-section to the licence of the owner of copyright shall—

(i) in relation to copyright under the Copyright Act 1905—be read as a reference to the privity of the owner; and

(ii) in relation to copyright under the Copyright Act, 1911— be read as a reference to the consent or acquiescence of the owner.

Division 2.—Original Works.

Expired copyright not to revive. 210.—(1.) Notwithstanding anything in Part III., copyright does not subsist by virtue of that Part in a work first published before the commencement of this Act unless copyright subsisted in the work under the Copyright Act, 1911 immediately before the commencement of this Act.

(2.) The last preceding sub-section does not apply in relation to a work to which Division 5 of this Part applies.

Original works in which copyright subsists. 211.—(1.) Sub-section (1.) of section 32 of this Act applies to works made before the commencement of this Act as if each reference in that sub-section to a qualified person included a reference to a British subject and to a person domiciled in any part of the Queen’s dominions to which the Copyright Act, 1911 extended.

(2.) Sub-section (2.) of section 32 of this Act applies to works first published before the commencement of this Act as if paragraphs (d) and (e) of that sub-section were omitted.

(3.) Sub-section (2.) of section 32 of this Act applies to works that are first published after the commencement of this Act and the author of which died before the commencement of the Nationality and Citizenship Act 1948 as if the reference in paragraph (e) of that sub-section to a qualified person included a reference to a person who would have been an Australian citizen if that Act had been in force immediately before his death.

(4.) Sub-section (3.) of section 32 of this Act does not apply to or in relation to a building that was constructed before the commencement of this Act.

(5.) This section has effect subject to the last preceding section.

Duration of copyright in photographs. 212. Sub-section (6.) of section 33 of this Act does not apply in relation to a photograph taken before the commencement of this Act but, subject to sub-section (2.) of section 32 of this Act as affected by the last preceding section, copyright subsisting in such a photograph by virtue of Part III. continues to subsist until the expiration of fifty years after the expiration of the calendar year in which the photograph was taken.

Ownership of copyright. 213.—(1.) Sub-sections (4.) and (6.) of section 35 of this Act do not apply in relation to works made before the commencement of this Act.

(2.) Sub-section (5.) of section 35 of this Act does not apply in relation to a work that was or is made in pursuance of an agreement made before the commencement of this Act.

(3.) Where a work is excluded from the application of sub-section (4.), sub-section (5.) or sub-section (6.) of section 35 of this Act by reason of either of the last two preceding sub-sections, sub-section (2.) of section 35 of this Act has effect in relation to the work subject to the succeeding sub-sections of this section.

(4.) The operation of any of the next three succeeding sub-sections in relation to a particular work may be excluded or modified by agreement.

(5.) Where, in the case of a work being a photograph, portrait or engraving—

(a) a person made, for valuable consideration, an agreement with another person for the taking of the photograph, the painting or drawing of the portrait or the making of the engraving by the other person; and

(b) the work was made in pursuance of the agreement,

the first-mentioned person is the owner of any copyright subsisting in the work by virtue of Part III.

(6.) Where the work was made by the author in pursuance of the terms of his employment by another person under a contract of service or apprenticeship, that other person is the owner of any copyright subsisting in the work by virtue of Part III.

(7.) Where the work is a literary, dramatic or artistic work that was made by the author in pursuance of the terms of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship and was so made for the purpose of publication in a newspaper, magazine or similar periodical, the author is entitled to restrain the publication of the work otherwise than in a newspaper, magazine or similar periodical.

(8.) In the last three preceding sub-sections, expressions that are defined by section 204 of this Act have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

Infringement by importation, sale and other dealings. 214. For the purposes of sections 37 and 38 of this Act, the fact that, to the knowledge of a person, the making of an article constituted, or, in the case of an imported article, would, if the article had been made in Australia by the importer of the article, have constituted, an infringement of copyright under the Copyright Act, 1911 has the like effect as if, to the knowledge of that person, the making of the article had constituted, or would, if the article had been made in Australia by the importer, have constituted, as the case may be, an infringement of copyright under this Act.

Recording of musical works. 215.—(1.) Where a record of a work has, before the commencement of this Act, been made by, or with the consent or acquiescence of, the owner of the copyright in the work under the Copyright Act, 1911, Division 6 of Part III, has the like effect as if the record had been made in Australia for the purpose of retail sale and had been so made by, or with the licence of, the person who is entitled, by virtue of this Act, to authorize the making in Australia of records of the work.

(2.) Notwithstanding sub-section (1.) of section 5 of this Act, sub-sections (2) to (7), inclusive, of section 19 of the Copyright Act, 1911 as in force immediately before the commencement of this Act continue to apply in relation to records made before the commencement of this Act and, subject to those subsections, any regulations made for the purposes of those subsections and in force immediately before the commencement of this Act continue to apply in relation to those records.

Publication of artistic works. 216. Section 68 of this Act does not apply in relation to a painting, drawing, engraving, photograph or cinematograph film made before the date of commencement of this Act, but the copyright in an artistic work is not infringed by the publication of a painting, drawing, engraving, photograph or cinematograph film made before that date if, by virtue of section 65 or section 66 of this Act, the making of the painting, drawing, engraving, photograph or film would not have constituted an infringement of the copyright under this Act if this Act had been in operation at the time when it was made.

Reconstruction of buildings. 217. The reference in sub-section (2.) of section 73 of this Act to construction of a building by, or with the licence of, the owner of the copyright in architectural drawings or plans shall be read as including 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 law relating to copyright that was in force at that time in the State or Territory of the Commonwealth in which the building was constructed.

Industrial designs. 218.—(1.) Division 8 of Part III. does not apply to artistic works made before the commencement of this Act.

(2.) Copyright does not subsist by virtue of this Act in an artistic work made before the commencement of this Act which, at the time when the work was made, constituted a design capable of being registered under the Designs Act 1906, or under that Act as amended and in force at that time, and was used, or intended to be used, as a model or pattern to be multiplied by any industrial process.

Reproduction of work upon payment of royalties. 219.—(1.) The copyright in a literary, dramatic, musical or artistic work that has been published before the commencement of this Act is not infringed by the reproduction of the work for sale if—

(a) the reproduction takes place at a time after the expiration of twenty-five years, or, in the case of a work in which copyright subsisted at the commencement of the Copyright Act, 1911, after the expiration of thirty years, after the date of the death of the author; and

(b) the person reproducing the work establishes—

(i) that, before the commencement of this Act, he gave the notice in writing of his intention to reproduce the work that was prescribed for the purposes of the proviso to section. 3 of the Copyright Act, 1911; and

(ii) that he has paid, in the manner that was prescribed for the purposes of that proviso, or is prescribed for the purposes of this section, as the case may be, to, or for the benefit of, the owner of the copyright royalties in respect of all copies of the work sold by him calculated at the rate of ten per centum of the price at which he published the reproduction.

(2.) The regulations may make provision for or in relation to the manner in which, and the times at which, payment of royalties is to be made for the purposes of sub-paragraph (ii) of paragraph (b) of the last preceding sub-section and may include provision requiring payment in advance, or otherwise securing the payment of the royalties.

(3.) Regulations 38 to 42, inclusive, of the Copyright Regulations as in force under the Copyright Act 1912–1966 immediately before the commencement of this Act continue in force for the purposes of this section as if they had been made under this Act, but may be amended or repealed by regulations made under this Act.

(4.) A reference in paragraph (a) of sub-section (1.) of this section to a time after the expiration of a specified number of years from the date of the death of the author of a work shall, in the case of a work of joint authorship, be read as a reference to a time after—

(a) the expiration of the same number of years from the date of the death of the author who died first; or

(b) the date of the death of the author who died last,

whichever is the later.

(5.) Where a literary, dramatic or musical work, or an engraving, in which copyright subsisted at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who died last—

(a) had not been published;

(b) in the case of a dramatic or musical work—had not been performed in public; and

(c) in the case of a lecture—had not been delivered in public,

before that date, sub-section (1.) of this section applies as if the author had died on the date on which—

(d) in the case of a literary work (other than a lecture) or an engraving the work was first published;

(e) in the case of a dramatic or musical work—the work was first published or first performed in public, whichever first happened; or

(f) in the case of a lecture—the lecture was first published or first delivered in public, whichever first happened.

(6.) In this section, expressions that are defined by section 204 of this Act have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

Division 3.—Subject-Matter other than Works.

Sound recordings. 220.—(1.) Sub-section (1.) of section 89 of this Act applies in relation to sound recordings made before the commencement of this Act as if the reference in that sub-section to a qualified person included a reference to a British subject and to a person domiciled in any part of the Queen’s dominions to which the Copyright Act, 1911 extended.

(2.) Sub-section (2.) of section 89 of this Act does not apply in relation to a sound recording made before the commencement of this Act.

(3.) Section 93 of this Act does not apply in relation to a sound recording made before the commencement of this Act but copyright subsisting in such a recording by virtue of sub-section (1.) or sub-section (3.) of section 89 of this Act continues to subsist until the expiration of fifty years after the expiration of the calendar year in which the recording was made.

Cinematograph films. 221. Copyright does not subsist by virtue of section 90 of this Act in a cinematograph film made before the commencement of this Act.

Application of Act to dramatic works and photographs comprised in cinematograph films. 222.—(1.) Where a cinematograph film made before the commencement of this Act was an original dramatic work as defined by section 204 of this Act, this Act (other than this sub-section) has effect in relation to the film as if the film had been an original dramatic work as defined by section 10 of this Act and the person who was the author of the work for the purposes of the Copyright Act, 1911 shall be deemed to be the author of the work for the purposes of this Act as having effect by virtue of this sub-section.

(2.) This Act has effect in relation to photographs forming part of a cinematograph film made before the commencement of this Act in like manner as it has effect in relation to photographs not forming part of a cinematograph film.

Television broadcasts and sound broadcasts. 223. Copyright does not subsist by virtue of section 91 of this Act in—

(a) a television broadcast or a sound broadcast made before the commencement of this Act; or

(b) a television broadcast or a sound broadcast made after the commencement of this Act that is a repetition of a television broadcast or a sound broadcast made before the commencement of this Act.

Published editions of works. 224. Copyright does not subsist by virtue of section 92 of this Act in a published edition of a work or works where the first publication of the edition took place before the commencement of this Act.

Infringement by importation, sale and other dealings. 225. For the purposes of sections 102 and 103 of this Act, the fact that, to the knowledge of a person, the making of an article constituted, or, in the case of an imported article, would, if the article had been made in Australia by the importer of the article, have constituted, an infringement of copyright under the Copyright Act, 1911 has the like effect as if, to the knowledge of that person, the making of the article had constituted, or would, if the article had been made in Australia by the importer, have constituted, as the case may be, an infringement of copyright under this Act.

Division 4.—Miscellaneous.

Actions for infringement. 226. Section 115 of this Act does not apply to an infringement of copyright under the Copyright Act, 1911 and does not affect any proceedings under that Act, whether instituted before or after the commencement of this Act.

Infringing copies. 227. Section 116 of this Act does not apply in relation to an article made, or imported into Australia, before the commencement of this Act, but, notwithstanding sub-section (1.) of section 5 of this Act, proceedings may, subject to the Copyright Act, 1911, be brought or continued by virtue of section 7 of that Act in relation to such an article and may be so brought or continued although the proceedings relate to the conversion or detention of the article after the commencement of this Act.

Actions where copyright subject to exclusive licence. 228. Division 3 of Part V. does not apply in relation to a licence granted before the commencement of this Act and does not affect any proceedings under the Copyright Act, 1911, whether instituted before or after the commencement of this Act,

Offences and summary proceedings. 229. For the purposes of Division 5 of Part V., the definition of “infringing copy” in section 10 of this Act applies as if any reference in that definition to copyright included a reference to copyright under the Copyright Act, 1911.

Limitation of actions. 230. Section 134 of this Act does not apply in relation to an infringement of copyright under the Copyright Act, 1911 or to an article made, or imported into Australia, before the commencement of this Act.

Restriction of importation of printed copies of works. 231. Where—

(a) before the date of commencement of this Act, a notice had been given in respect of a work under section 10 of the Copyright Act 1912 or of that Act as amended; and

(b) that notice had not been withdrawn, and had not otherwise ceased to have effect, before that date,

the notice has, during the period of six months commencing on that date, such effect (if any) as it would have if it had been duly given in accordance with section 135 of this Act.

References and applications to Tribunal in relation to licence schemes. 232.—(1.) Part VI. applies in relation to licence schemes formulated before the date of commencement of this Act in like manner as it applies in relation to licence schemes formulated on or after that date, but, for the purposes of the application of that Part in relation to licence schemes. formulated before that date, any reference in that Part to copyright includes a reference to copyright under the Copyright Act, 1911.

(2.) Any reference in section 157 of this Act to a refusal or failure to grant or procure the grant of a licence, or to a proposal that a licence should be granted, does not include a reference to a refusal or failure that occurred, or a proposal that was made, before the commencement of this Act.

Duration of Crown copyright in photographs. 233. Sub-section (2.) of section 180 of this Act applies in relation to photographs taken before the commencement of this Act as if subsection (3.) of that section were omitted.

Duration of Crown copyright in recordings. 234. Section 181 of this Act applies in relation to sound recordings made before the commencement of this Act as if the reference in that section to the expiration of the calendar year in which the recording is first published were a reference to the expiration of the calendar year in which the recording was made.

Crown copyright in films. 235.—(1.) Sections 178 and 181 of this Act do not apply in relation to cinematograph films made before the commencement of this Act.

(2.) Where sections 178 and 181 of this Act do not apply in relation to a cinematograph film by reason of the last preceding sub-section—

(a) if the film was an original dramatic work as defined by section 204 of this Act—sections 176 and 177, and sub-section (1.) of section 180, of this Act apply in relation to that work in accordance with sub-section (1.) of section 222 of this Act; and

(b) sections 176 and 177, and sub-section (2.) of section 180 of this Act as modified by section 233 of this Act, apply in relation to photographs forming part of the film in like manner as they apply in relation to photographs not forming part of a cinematograph film.

Works made or published by international organizations. 236.—(1.) Sub-section (1.) of section 187 of this Act does not apply in relation to works made before the commencement of this Act.

(2.) Sub-section (2.) of section 187 of this Act does not apply in relation to works first published before the commencement of this Act.

Subject-matter, other than original works made or published by international organizations. 237.—(1.) Sub-section (1.) of section 188 of this Act does not apply in relation to sound recordings or cinematograph films made before the commencement of this Act.

(2.) Sub-section (2.) of section 188 of this Act does not apply in relation to sound recordings or cinematograph films first published before the commencement of this Act.

(3.) Sub-section (3.) of section 188 of this Act does not apply in relation to an edition published before the commencement of this Act.

False attribution of authorship of work. 238.—(1.) It is a breach of the duty imposed on a person by section 190 of this Act if the person does, on or after the date of commencement of this Act, any of the acts mentioned in paragraphs (b) and (c) of sub-section (1.) of that section notwithstanding that the name concerned was inserted or affixed before that date.

(2.) Subject to the last preceding sub-section, Part IX. does not apply in relation to acts done before the commencement of this Act.

(3.) In this section, “name” includes initials or a monogram.

Assignments and licences. 239.—(1.) Subject to this section, where copyright subsists in a work by virtue of this Act, any document that was made, or event that occurred, before the commencement of this Act, being a document or event that had any operation affecting the ownership of, or creating, transferring or terminating an interest, right or licence in respect of, copyright in the work under the Copyright Act, 1911 or would have had such an operation if that Act had continued in force, has the like operation in relation to the copyright in the work under this Act.

(2.) If the operation of a document to which the last preceding sub-section applies was or would have been limited to a period specified in the document, the document does not have any operation in relation to the copyright under this Act, except in so far as that period extends after the commencement of this Act.

(3.) For the purposes of the operation of a document in accordance with this section—

(a) expressions used in the document have the same respective meanings as they had immediately before the commencement of this Act, whether or not those expressions have different meanings for the purposes of this Act; and

(b) sub-section (1.) of section 197 of this Act does not apply.

(4.) Without prejudice to the generality of sub-section (1.) of this section, where the author of a work that was made before the commencement of this Act was the first owner of the copyright in the work—

(a) any assignment of the copyright, or any grant of an interest in the copyright, made by the author (otherwise than by will) after the commencement of the Copyright Act, 1911 and before the commencement of this Act, being an assignment or grant that has effect in relation to copyright in the work under this Act by virtue of sub-section (1.) of this section, does not operate to vest in the assignee or grantee any rights with respect to the copyright in the work after the expiration of twenty-five years after the date of the death of the author;

(b) on the death of the author, the reversionary interest in the copyright expectant on the termination of that period devolves, notwithstanding any agreement to the contrary, on his legal personal representative as part of his estate; and

(c) any agreement entered into by the author as to the disposition of that reversionary interest is of no force or effect,

but nothing in this sub-section shall be taken to apply to the assignment of the copyright in a collective work or a licence to publish a work or a part of a work as part of a collective work.

(5.) In the last preceding sub-section, expressions that are defined by section 204 of this Act have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

(6.) The preceding sub-sections of this section apply in relation to copyright under this Act in a sound recording or in a cinematograph film in like manner as they apply in relation to copyright in a work but a reference in those sub-sections to the copyright under the Copyright Act, 1911 shall—

(a) in the application of those sub-sections in relation to a sound recording—be read as a reference to the copyright under that Act in records embodying the recording; and

(b) in the application of those sub-sections in relation to a cinematograph film—be read as a reference to any copyright under that Act in the film (in so far as it constituted a dramatic work for the purposes of that Act) or in photographs forming part of the film.

Bequests. 240.—(1.) Section 198 of this Act does not apply in relation to a bequest contained in the will of a testator who died before the commencement of this Act.

(2.) Where—

(a) an author has died before the commencement of this Act;

(b) a person has acquired, under the will of the author, the ownership of a manuscript of a work by the author; and

(c) the work—

(i) has not been published;

(ii) in the case of a dramatic or musical work has not been performed in public; and

(iii) in the case of a lecture has not been delivered in public,

the ownership by that person of the manuscript is evidence that that person is the owner of the copyright in the work.

(3.) In the last preceding sub-section, expressions that are defined by section 204 of this Act have the meanings respectively given to those expressions by that section and do not have the meanings, if any, respectively given to those expressions by Part II.

Delivery of library material to National Library. 241. Section 201 of this Act does not apply in relation to library material published before the commencement of this Act.

Groundless threats of legal proceedings. 242. Section 202 of this Act does not apply in relation to threats made after the commencement of this Act in respect of acts that took place before the commencement of this Act and, notwithstanding section 6 of this Act, section 41A of the Copyright Act 1912–1966 continues to apply in relation to any such threats in like manner as it continues to apply in relation to threats made before the commencement of this Act.

Division 5.—Works Made before 1 July, 1912.

Definition. 243. In this Division, “right conferred by the Copyright Act, 1911”, in relation to a work, means a right that, by virtue of section 24 of the Copyright Act, 1911, was conferred in place of a right that subsisted immediately before the commencement of that Act.

Application. 244. This Division applies to works made before the first day of July, One thousand nine hundred and twelve.

Rights conferred by Copyright Act, 1911. 245. Notwithstanding anything in Division 2 of this Part, section 32 of this Act does not apply to a work to which this Division applies unless a right conferred by the Copyright Act, 1911 subsisted in the work immediately before the commencement of this Act.

Performing rights. 246.—(1.) Where the right conferred by the Copyright Act, 1911 in relation to a dramatic or musical work to which this Division applies did not include the sole right to perform the work in public, then, copyright, in so far as it subsists in the work by virtue of this Act, does not include the performing rights in relation to the work.

(2.) Where the right conferred by the Copyright Act, 1911 in relation to a dramatic or musical work to which this Division applies consisted only of the sole right to perform the work in public, then, copyright, in so far as it subsists in the work by virtue of this Act, consists only of the performing rights in relation to the work.

(3.) For the purposes of this section, the performing rights, in relation to a work, are—

(a) the exclusive right to perform the work, or an adaptation of the work, in public;

(b) the exclusive right to broadcast the work or an adaptation of the work; and

(c) the exclusive right to cause the work, or an adaptation of the work, to be transmitted to subscribers to a diffusion service.

Contribution to periodicals. 247. Where—

(a) a work to which this Division applies (in this section referred to as “the relevant work”) consists of an essay, article or item forming part of, and first published in, a review, magazine or other periodical or work of a like nature; and

(b) immediately before the commencement of this Act, a right of publishing the relevant work in a separate form subsisted by virtue of the note to the First Schedule to the Copyright Act, 1911,

copyright subsisting in the relevant work by virtue of this Act is subject to that right of publishing the relevant work in a separate form.

Assignments and licences. 248.—(1.) Without prejudice to the generality of sub-section (1.) of section 239 of this Act, where—

(a) the author of a work to which this Division applies had, before the commencement of the Copyright Act, 1911, made an assignment or grant of a kind referred to in paragraph (a) of the proviso to subsection (1) of section 24 of that Act (in this section referred to as “the proviso”); and

(b) copyright subsists in the work by virtue of this Act,

the succeeding sub-sections of this section have effect.

(2.) If, before the commencement of this Act, an event occurred or a notice was given, being an event or notice that, in accordance with paragraph (a) of the proviso, had any operation affecting the ownership of the right conferred by the Copyright Act, 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 has the like operation in relation to the copyright in the work under this Act.

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

(4.) If, in accordance with paragraph (a) of the proviso, the right conferred by the Copyright Act, 1911 would have reverted to the author or his personal representatives on the date referred to in that paragraph, and that date occurs after the commencement of this Act, then on that date—

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

(b) any interest of any other person in that copyright that subsists on that date by virtue of any document made before the commencement of the Copyright Act, 1911 ceases.