Page:Australian Copyright Act 1968 (63 of 1968).pdf/101

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No. 63
Copyright
1968

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,