References to whichever of joint authors died last. 80. The references in sections 33 and 51 of this Act to the author of a work shall, in relation to a work of joint authorship other than a work to which the next succeeding section applies, be read as references to the author who died last.
Works of joint authorship published under pseudonyms. 81.—(1.) This section applies to a work of joint authorship that was first published under two or more names of which one was a pseudonym or two or more (but not all) were pseudonyms.
(2.) This section also applies to a work of joint authorship that was first published under two or more names all of which were pseudonyms if, at any time within fifty years after the expiration of the calendar year in which the work was first published, the identity of one or more (but not all) of the authors was generally known or could be ascertained by reasonable inquiry.
(3.) The references in sections 33 and 51 of this Act to the author of a work shall, in relation to a work to which this section applies, be read as references to the author whose identity was disclosed or, if the identity of two or more of the authors was disclosed, as references to whichever of those authors died last.
(4.) For the purposes of this section, the identity of an author shall be deemed to have been disclosed if—
- (a) one of the names under which the work was published was the name of that author; or
- (b) the identity of that author is generally known or can be ascertained by reasonable inquiry.
Copyright to subsist in joint works without regard to any author who is an unqualified person. 82.—(1.) Sub-section (2.) of section 35 of this Act has effect, in relation to a work of joint authorship of which one of the authors is an unqualified person, or two or more (but not all) of the authors are unqualified persons, as if the author or authors, other than unqualified persons, had alone been the author or authors, as the case may be, of the work.
(2.) For the purposes of the last preceding sub-section, a person is an unqualified person in relation to a work where, if he had alone been the author of the work, copyright would not have subsisted in the work by virtue of this Part.
Inclusion of joint works in collections for use in places of education. 83. The reference in sub-section (2.) of section 44 of this Act to other extracts from, or from adaptations of, works by the author of the extract concerned―
- (a) shall be read as including a reference to extracts from, or from adaptations of, works by the author of the extract concerned in collaboration with any other person; or
- (b) if the extract concerned is from, or from an adaptation of, a work of joint authorship―shall be read as including a reference to extracts from, or from adaptations of, works by any one or more of the authors of the extract concerned, or by any one or more of those authors in collaboration with any other person.
