the copyright in the work to do anything that, at the time when it is done, would have been within the scope of the copyright in the corresponding design if the corresponding design had, immediately before that time, been registered in respect of all articles made to the corresponding design that had, before that time, been sold, let for hire or offered or exposed for sale or hire in those circumstances.
(3.) After the expiration of the period referred to in the last preceding sub-section, it is not an infringement of the copyright in the work to do anything that, at the time when it is done, would, if the corresponding design had been registered immediately before that time, have been within the scope of the copyright in that design as extended to all associated designs and articles.
(4.) For the purposes of this section, account shall not be taken of any articles in respect of which, at the time when they were sold, let for hire or offered or exposed for sale or hire, the corresponding design concerned was excluded from registration under the Designs Act 1906–1968 by regulations made under that Act for the purpose of excluding from registration designs for articles that are primarily literary or artistic in character and, for the purposes of any proceedings under this Act, a design shall be conclusively presumed to have been so excluded if—
- (a) before the commencement of those proceedings, an application for the registration of the design under that Act in respect of those articles had been refused;
- (b) the reason or one of the reasons given for the refusal was that the design was excluded from registration under that Act by regulations made under that Act for the purpose of excluding from registration designs for articles that are primarily literary or artistic in character; and
- (c) no appeal against the refusal had been allowed before the date of commencement of the proceedings or was pending on that date.
(5.) The regulations may make provision for determining the circumstances in which a design is, for the purposes of this section, to be deemed to be applied industrially.
Division 9.—Works of Joint Authorship.
References to all of joint authors. 78. Subject to this Division, a reference in this Act to the author of a work shall, unless otherwise expressly provided by this Act, be read, in relation to a work of joint authorship, as a reference to all the authors of the work.
References to any one or more of joint author. 79. The references in section 32, and in sub-section (2.) of section 34, of this Act to the author of a work shall, in relation to a work of joint authorship, be read as references to any one or more of the authors of the work.
