Page:Copyright Act 1987.pdf/155

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COPYRIGHT
155


Government and the owner of the copyright or, in default of agreement, as are fixed by the Copyright Tribunal.

(6) An agreement or licence (whether made or granted before or after the commencement of this Act) fixing the terms upon which a person other than the Government may do acts comprised in a copyright is inoperative with respect to the doing of those acts after the commencement of this Act, under subsection (1), unless the agreement or licence has been approved by the Minister.

(7) Where an article is sold and the sale is not by virtue of subsection (1), an infringement of a copyright, the purchaser of the article, and a person claiming through him, is entitled to deal with the article as if the Government were the owner of that copyright.

(8) An act done under subsection (1) does not constitute publication of a work or other subject-matter and shall not be taken into account in the application of any provision of this Act relating to the duration of any copyright.

(9) Where an exclusive licence is in force in relation to any copyright, subsections (1) to (8) have effect as if any reference in those subsections to the owner of the copyright were a reference to the exclusive licensee.

(10) The copying of the whole or a part of a work for the teaching purposes of an educational institution of, or under the control of the Government shall, for the purposes of this section, be deemed not to be an act done for the service of the Government.

Reception of broadcasts or cable programmes

199.—(1) A person who, by the reception of a television broadcast, sound broadcast or cable programme, causes a literary, dramatic or musical work, or an adaptation of such work, to be seen, heard or seen and heard in public does not, by doing so, infringe the copyright, if any, in the work.

(2) A person who, by the reception of an authorised television broadcast or authorised cable programme, causes a cinematograph film to be seen, heard or seen and heard in public shall be treated, in any proceedings for infringement of the copyright (if any) in the film