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.
