95 *copyright
| Author | Ralph Hone |
| Pages | #3 |
CHAPTER 95.
COPYRIGHT.
ARRANGEMENT OF SECTIONS.
PART I.
COPYRIGHT IN ORIGINAL WORKS.
SECTION.
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NATURE OF COPYRIGHT UNDER THIS ACT.
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COPYRIGHT IN LITERARY, DRAMATIC AND MUSICAL WORKS.
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COPYRIGHT IN ARTISTIC WORKS.
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OWNERSHIP OF COPYRIGHT IN LITERARY, DRAMATIC, MUSICAIf AND ARTISTIC WORKS.
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INFRINGEMENTS BY IMPORTATION, SALE AND OTHER DEALINGS.
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GENERAL EXCEPTIONS FkOM PROTECTION OF LITERARY, DRAMATIC AND MUSICAL WORKS.
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SPECIAL EXCEPTIONS AS RESPECTS LIBRARIES AND ARCHIVES.
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SPECIAL EXCEPTION IN RESPECT OF RECORDS OF MUSICAL WORKS.
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GENERAL EXCEPTIONS FROM PROTECTION OF ARTISTIC WORKS.
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PROVISIONS AS TO ANONYMOUS AND PSEUDONYMOUS WORKS, AND WORKS OF JOINT AUTHORSHIP.
PART I.
COPYRIGHT IN SOUND RECORDINGS, CINEMATOGRAPH FILMS, BROADCASTS, ETC.
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COPYRIGHT IN SOUND RECORDINGS.
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COPYRIGHT IN CINEMATOGRAPH FILMS.
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COPYRIGHT IN TELEVISION BROADCASTS AND SOUND BROADCASTS.
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COPYRIGHT IN PUBLISHED EDITIONS OF WORKS.
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SUPPLEMENTARY PROVISIONS FOR PURPOSES OF PART ii.
PART III.
REMEDIES FOR INFRINGEMENTS OF COPYRIGHT.
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ACTION BY OWNER OF COPYRIGHT FOR INFRINGEMENT.
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RIGHTS OF OWNER OF COPYRIGHT IN RESPECT OF INFRINGING COPIES, ETC.
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PROCEEDINGS IN CASE OF COPYRIGHT SUBJECT TO EXCLUSIVE LICENCE.
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PROOF OF FACTS IN COPYRIGHT ACTIONS.
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PENALTIES AND SUMMARY PROCEEDINGS IN RESPECT OF DEALINGS WHICH INFRINGE COPYRIGHT.
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PROVISION FOR RESTRICTING IMPORTATION OF PRINTED COPIES.
PART V.
EXTENSION OR RESTRICTION OF OPERATION OF ACT.
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ExTENSION OF ACT TO ISLE OF MAN, CHANNEL ISLANDS, COLONIES AND DEPENDENCIES.
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PROVISIONS AS TO INTERNATIONAL ORGANISATIONS.
PART VI.
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS.
SECTION.
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ASSIGNMENTS AND LICENCES IN RESPECT OF COPYRIGHT.
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PROSPECTIVE OWNERSHIP OF COPYRIGHT.
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COPYRIGHT TO PASS UNDER WILL WITH UNPUBLISHED WORK.
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PROVISIONS AS TO CROWN AND GOVERNMENT DEPARTMENTS.
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BROADCASTS OF SOUND RECORDINGS AND CINEMATOGRAPH FILMS, AND DIFFUSION OF BROADCAST PROGRAMMES.
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USE OF COPYRIGHT MATERIAL FOR EDUCATION.
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FALSE ATTRIBUTION OF AUTHORSHIP.
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SAVINGS.
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GENERAL PROVISIONS AS TO ORDERS IN COUNCIL, REGULATIONS, RULES AND ORDERS, AND AS TO BOARD OF TRADE.
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INTERPRETATION.
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SUPPLEMENTARY PROVISIONS AS TO INTERPRETATION.
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TRANSITIONAL PROVISIONS, AND REPEALS.
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SHORT TITLE, COMMENCEMENT AND EXTENT.
SCHEDULES.
SECOND SCHEDULE-DuRATION OF COPYRIGHT IN ANONYMOUS AND PSEUDONYMOUS WORKS.
THIRD SCHEDULE-WoRKS OF JOINT AUTHORSHIP.
SEVENTH SCHEDULE-TRANSITIONAL PROVISIONS.
EIGHTH SCHEDULE-PROVISIONS OF COPYRIGHT ACT, 1911, AND RULES, REFERRED TO IN SEVENTH SCHEDULE.
NINTH SCHEDULE--ENACTMENTS REPEALED.
CHAPTER 95.
COPYRIGHT.
AN ACT TO MAKE NEW PROVISION IN RESPECT OF COPYRIGHT AND RELATED MATTERS, IN SUBSTITUTION FOR THE PROVISIONS OF THE COPYRIGHT ACT, 1911, AND OTHER ENACTMENTS RELATING THERETO; * * *; AND FOR PURPOSES CONNECTED WITH THE MATTERS AFORESAID.
4 & 5 Eliz. 2 c.
74 as amended by 6 & 7 Eliz.
2 c. 44 and 8 &
9 Eliz. 2 c. 57 and as applied with modifications by S.I.
196212184 [Commencement-see footnote.] PART I.
COPYRIGHT IN ORIGINAL WORKS.
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-(1) In this Act 'copyright' in relation to a work (except where the context otherwise requires) means the exclusive right, by virtue and subject to the provisions of this Act, to do, and to authorize other persons to do, certain acts in relation to that work in the United Kingdom or in any other country to which the relevant provision of this Act extends.
The said acts, in relation to a work of any description, are those acts which, in the relevant provision of this Act, are designated as the acts restricted by the copyright in a work of that description.
(2) In accordance with the preceding subsection, but subject to the following provisions of this Act, the copyright in a work is infringed by any person who, not being the owner of the copyright, and without the licence of the owner thereof, does, or authorizes another person to do, any of the said acts in relation to the work in the United Kingdom or in any other country to which the relevant provision of this Act extends.
Note.-This Chapter is an edited reprint of The Copyright Act 1956 of the United Kingdom which received Royal Assent on the fifth day of November 1956. Its provisions were applied with modifications to the Colony by Statutory Instrument 1962/2184 with effect from the eleventh day of February 1963, except those empowering the Governor or the Comptroller of Customs to make regulations, which provisions came into operation in the Colony on the eleventh day of October 1962 (see section 51(2) of the Act).
Nature of copyright under this Act.
(3) In the preceding subsections references to the relevant provision of this Act, in relation to a work of any description, are references to the provision of this Act whereby it is provided that (subject to compliance with the conditions specified therein) copyright shall subsist in works of that description.
(4) The preceding provisions -of this section shall apply, in relation to any subject-matter (other than a work) of a description to which any provision of Part II of this Act relates, as they apply in relation to a work.
(5) For the purposes of any provision of this Act which specifies the conditions under which copyright may subsist in any description of work or other subject-matter, 'qualified person'(a) in the case of an individual, means a person who is a British subject or British protected person or a citizen of the Republic of Ireland or (not being a British subject or British protected person or a citizen of the Republic of Ireland) is domiciled or resident in the United Kingdom or in another country to which that provision extends, and (b) in the case of a body corporate, means a body incorporated under the laws of any part of the United Kingdom -or of another country to which that provision extends.
In this subsection 'British protected person' has the same meaning as in the British Nationality Act, 1948.
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-(1) Copyright shall subsist, subject to the provisions of this Act, in every original literary, dramatic or musical work which is unpublished, and of which the author was a qualified person at the time when the work was made, -or, if the making of the work extended over a period, was a qualified person for a substantial part of that period.
(2) Where an original literary, dramatic or musical work has been published, then, subject to,the provisions of this Act, copyright shall subsist in the work (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) if, but only if, (a) the first publication of the work took place in the United Kingdom, or in another country to which this section extends, or Copyright in literary, dramatic and musical works.
CCH.95. 1491 (b) the author of the work was a qualified person at the time when the work was first published, or (c) the author had died before that time, but was a qualified person immediately before his death.
(3) Subject to the last preceding subsection, copyright subsisting in a work by virtue of this section shall continue to subsist until the;end of the period of fifty years from the end -of the calendar year in which the author died, and shall then expire:
Provided that if before the death of the author none of the following acts had been done, that is to say,-(a) the publication of the work, (b) the performance of the work in public, (c) the offor for sale to the public of records of the work, and (d) the broadcasting of the work, the copyright shall continue to subsist until the end of the period -of fifty years from the end of the calendar year which includes the earliest occasion on which one of those acts is done.
(4) In the last preceding subsection references to the doing of any act in relation to a work include references to the doing of that act in relation to an adaptation of the work.
(5) The acts restricted by the copyright in a literary, dramatic or musical work are(a) reproducing the work in any material form;
(b) publishing the work;
(c) performing the work in public;
(d) broadcasting the work;
(e) causing the work to be transmitted to subscribers to a diffusion service;
(f) making any adaptation of the work;
(g) doing, in relation to an adaptation of the work, any of the acts specified in relation to the work in paragraphs (a) to (e) of this subsection.
(6) In this Act 'adaption7'(a) in relation to a literary or dramatic work, means any of the following, that is to say (i) in the case of a non-dramatic work, a version of the work (whether in its original language or a different language) in which it is converted into a dramatic work;
(ii) in the case -of a dramatic work, a version *of the work (whether in its original language or a different language) in which it is converted into a non-dramatic work;
(iii) a translation of the work;
(iv) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical;
and (b) in relation to a musical work, means an arrangement or transcription of the work, so however that the mention of any matter in this definition shall not affect the generality of paragraph (a) of the last preceding subsection.
Copyright in 3.-(1) In this Act 'artistic work' means a work of artistic works.
artistic works. any of the following descriptions, that is to say,(a) the following, irrespective of artistic quality, namely paintings, sculptures, drawings, engravings and, photographs;
(b) works of architecture, being either buildings or models for buildings;
(c) works of artistic craftsmanship, not falling within either of the preceding paragraphs.
(2) Copyright shall subsist, subject to the provisions of this Act, in every original artistic work which is unpublished, and of which the author was a qualified person at the time when the work was made,,or, if the making of the work extended over a period, was a qualified person for a...
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