Copyright Act , 1963

(b) in any other case, be liable to such a fine, or to imprisonment for a term not exceeding six months.

(11) The court before which a person is charged with an offence under this section may, whether he is convicted of the offence or not, order that any article in his possession which appears to the court to be an infringing copy, or to be a plate used or intended to be used for making infringing copies, shall be destroyed or delivered up to the owner of the copyright in question or otherwise dealt with as the court may think fit.

(12) An appeal shall lie to the Circuit Court from any order under subsection (4), (5), (6) or (11) of this section.

28 Provision for restricting importation of infringing copies.

28.—(1) The owner of the copyright in any published literary, dramatic or musical work or sound recording may give notice in writing to the Revenue Commissioners (in this section referred to as the Commissioners)—

(a) that he is the owner of the copyright in the work or the recording, and

(b) that he requests the Commissioners, during a period specified in the notice, to treat as prohibited goods copies of the work or the recording to which this section applies;

so, however, that the period specified in a notice under this subsection shall not exceed five years and shall not extend beyond the end of the period for which the copyright is to subsist.

(2) This section applies—

(a) in the case of a work, to any printed copy and

(b) in the case of a sound recording, to any copy,

made outside the State which, if it had been made in the State, would be an infringing copy of the work or the recording.

(3) Where a notice has been given under this section in respect of a work or a recording, and has not been withdrawn, the importation into the State, at a time before the end of the period specified in the notice, of any copy of the work or the recording to which this section applies shall, subject to the subsequent provisions of this section, be prohibited.

(4) The immediately preceding subsection of this section shall not apply to the importation of any article by a person for his private and domestic use.

(5) The Commissioners may make regulations prescribing the form in which notices are to be given under this section, and requiring a person giving such a notice, either at the time of giving the notice or at the time when the goods in question are imported, or at both those times, to furnish the Commissioners with such evidence, or to comply with such other conditions (if any) as may be specified in the regulations: and any such regulations may include such incidental and supplementary provisions as the Commissioners may consider expedient for the purposes of this section.

(6) Without prejudice to the generality of the immediately preceding subsection of this section, regulations made under that subsection may include provision for requiring a person who has given a notice under subsection (1) of this section, or a notice purporting to be a notice under that subsection—

(a) to pay to the Commissioners such fees in respect of the notice as may be prescribed by the regulations;

(b) to give to the Commissioners such security as may be so prescribed, in respect of any liability or expense which they may incur in consequence of the detention, at any time during the period specified in the notice, of any copy of the work or the recording to which the notice relates, or in consequence of anything done in relation to a copy so detained;

(c) whether any such security is given or not, to keep the Commissioners indemnified against any such liability or expense as is mentioned in paragraph (b) of this subsection.

(7) Any fees paid in pursuance of regulations under this section shall be accounted for in such manner as shall be prescribed by the Minister for Finance.

(8) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable in pursuance of regulations under this section.

(9) Notwithstanding anything contained in the Customs Acts, a person shall not be liable to any penalty under those Acts (other than forfeiture of the goods) by reason that any goods are treated as prohibited goods by virtue of this section.

PART V. Jurisdiction of the Controller of Industrial and Commercial Property.

29 Definitions for purposes of Part V.

29.—(1) In this Part of this Act—

“licence” means a licence granted by or on behalf of the owner, or prospective owner, of the copyright in a literary, dramatic or musical work, or in a sound recording or a television broadcast, being—

(a) in the case of a literary, dramatic or musical work, a licence to perform in public, or to broadcast, or to record for the purpose of broadcasting, the work or an adaptation thereof, or to cause the work or an adaptation thereof to be transmitted to subscribers to a diffusion service;

(b) in the case of a sound recording, a licence to cause it to be heard in public, or to broadcast it, or to transmit it to subscribers to a diffusion service;

(c) in the case of a television broadcast, a licence to cause it, in so far as it consists of visual images, to be seen in public and, in so far as it consists of sounds, to be heard in public.

(2) In this Part of this Act “licensing body”—

(a) in relation to such licences as are mentioned in paragraph (a) of the preceding subsection of this section, means a society or other organisation which has as its main object, or one of its main objects, the negotiation or granting of such licences, either as owner or prospective owner of copyright or as agent for the owners or prospective owners thereof;

(b) in relation to such licences as are mentioned in paragraph (b) of the preceding subsection of this section means any owner or prospective owner of copyright in sound recordings, or any person or body of persons acting as agent for any owners or prospective owners of copyright in relation to the negotiation or granting of such licences; and

(c) in relation to such licences as are mentioned in paragraph (c) of the precedng subsection of this section, means Radio Éireann or any organisation appointed by Radio Éireann for the purposes of negotiating or granting licences in respect of the copyright in television broadcasts in so far as the copyright relates to the acts specified in paragraph (c) of subsection (5) of section 19 of this Act.

(3) Paragraph (a) of subsection (2) of this section shall not apply to an organisation by reason that its objects include the negotiation or granting of individual licences, each relating to a single work or the works of a single author, if they do not include the negotiation or granting of general licences, each extending to the works of several authors.

(4) In this Part of this Act “licence scheme”, in relation to licences of any description, means a scheme made by one or more licensing bodies, setting out the classes of cases in which they, or the persons on whose behalf they act, are willing to grant licences of that description, and the charges (if any), and the terms and conditions, subject to which licences would be granted in those classes of cases; and in this subsection “scheme” includes anything in the nature of a scheme, whether described therein as a scheme or a tariff or by any other name.

(5) In this Part of this Act—

(a) references to terms and conditions are references to terms and conditions other than those relating to the amount of a charge for a licence; and

(b) references to giving an opportunity to a person of presenting his case are references to giving him an opportunity, at his option, of submitting representations in writing, or of being heard, or of submitting representations in writing and being heard.

30 General provisions as to jurisdiction of the Controller.

30.—Subject to the provisions of this Part of this Act, the Controller shall have jurisdiction to determine disputes arising between licensing bodies and persons requiring licences, or organisations claiming to be representative of such persons, either—

(a) on the reference of a licence scheme to the Controller, or

(b) on the application of a person requiring a licence either in accordance with a licence scheme or in a case not covered by a licence scheme.

31 Determination by the Controller of certain matters relating to royalties under section 13 and remuneration under sections 17 and 48.

31.—(1) Where a dispute arises between the manufacturer and the owner of the copyright in a musical work regarding the amount of the royalty payable by the manufacturer under paragraph (d) of subsection (1) of section 13 of this Act in respect of the recording of the work, the dispute may be referred by either party to the Controller who shall consider the case and either determine the amount of the royalty so payable, or refer the case to an arbitrator in pursuance of the provisions of section 41 of this Act, for such determination.

(2) Where a royalty payable under section 13 of this Act falls to be apportioned under subsection (3.) or (5) of that section, the Controller shall, in default of agreement among the persons entitled to the royalty, consider the case and either determine the proportions in which the royalty shall be so apportioned, or refer the case to an arbitrator in pursuance of the provisions of section 41 of this Act, for such determination.

(3) Where a dispute arises between a person who causes a sound recording, or any reproduction thereof, to be heard in public, or to be broadcast, and the owner of the copyright subsisting in the recording regarding the equitable remuneration payable under paragraph (b) of subsection (4) of section 17 of this Act in respect of the recording, the dispute may be referred by either party to the Controller who shall consider the case and either determine the amount of the remuneration so payable, or refer the case to an arbitrator in pursuance of the provisions of section 41 of this Act, for such determination.

(4) Where a dispute arises between the owner of the right to broadcast a musical work incorporated in a cinematograph film and Radio Éireann, as to the equitable remuneration payable under subsection (2) of section 48 of this Act in respect of the work, the dispute may be referred by either party to the Controller who shall consider the case and either determine the amount of the remuneration so payable, or refer the case to an arbitrator in pursuance of the provisions of section 41 of this Act, for such determination.

32 Reference of licence schemes to the Controller.

32.—(1) Where, at any time while a licence scheme is in operation, a dispute arises with respect to the scheme between the licensing body operating the scheme and—

(a) an organisation claiming to be representative of persons requiring licences in cases of a class to which the scheme applies, or

(b) any person claiming that he requires a licence in a case of a class to which the scheme applies,

the organisation or person in question may refer the scheme to the Controller in so far as it relates to cases of that class.

(2) The parties to a reference of a licence scheme to the Controller under this section shall be—

(a) the organisation or person at whose instance the reference is made;

(b) the licensing body operating the scheme to which the reference relates; and

(c) such other organisations or persons (if any) as apply to the Controller to be made parties to the reference and, in accordance with the next following subsection of this section, are made parties thereto.

(3) Where an organisation (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Controller to be made a party to a reference, and the Controller is satisfied that the organisation or person has a substantial interest in the matter in dispute, he may, if he thinks fit, make that organisation or person a party to the reference.

(4) The Controller shall not entertain a reference of a licence scheme to him under this section by an organisation unless he is satisfied that the organisation is reasonably representative of the class of persons which it claims to represent.

(5) Subject to the immediately preceding subsection of this section, the Controller, on any reference under this section, shall consider the matter in dispute, and, after giving to the parties to the reference an opportunity of presenting their cases respectively, shall make such order, either confirming or varying the scheme, in so far as it relates to cases of the class to which the reference relates, as the Controller may determine to be reasonable in the circumstances.

(6) An order of the Controller under this section may, notwithstanding anything contained in the licence scheme to which it relates, be made so as to be in force either indefinitely or for such period as the Controller may determine.

(7) Where a licence scheme has been referred to the Controller under this section, then, notwithstanding anything contained in the scheme, but subject to the next following subsection—

(a) the scheme shall remain in operation until the Controller has made an order in pursuance of the reference, and

(b) after such an order has been made, the scheme shall remain in operation, in so far as it relates to the class of cases in respect of which the order was made, so long as the order remains in force.

(8) The immediately preceding subsection of this section shall not apply in relation to a reference as respects any period after the reference has been withdrawn, or has been discharged by virtue of subsection (4) of this section.

33 Further reference of scheme to the Controller.

33.—(1) Where the Controller has made an order under the immediately preceding section with respect to a licence scheme, then, subject to the next following subsection of this section, at any time while the order remains in force—

(a) the licensing body operating the scheme, or

(b) any organisation claiming to be representative of persons requiring licences in cases of the class to which the order applies, or

(c) any person claiming that he requires a licence in a case of that class,

may refer the scheme again to the Controller in so far as it relates to cases of that class.

(2) A licence scheme shall not, except with the special leave of the Controller, be referred again to him under the immediately preceding subsection of this section at a time earlier than—

(a) the end of the period of twelve months beginning with the date on which the order in question was made, in the case of an order made so as to be in force indefinitely or for a period exceeding fifteen months, or

(b) the beginning of the period of three months ending with the date of expiry of the order, in the case of an order made so as to be in force for fifteen months or less.

(3) The parties to a reference under this section shall be—

(a) the licensing body, organisation or person at whose instance the reference is made;

(b) the licensing body operating the scheme to which the reference relates, if the reference is not made at their instance; and

(c) such other organisation or persons (if any) as apply to the Controller to be made parties to the reference and, in accordance with the provisions applicable in that behalf by virtue of subsection (5) of this section, are made parties thereto.

(4) Subject to the said subsection (5), the Controller, on any reference under this section, shall consider the matter in dispute, and, after giving to the parties to the reference an opportunity of presenting their cases respectively, shall make such order in relation to the scheme as previously confirmed or varied, in so far as it relates to cases of the class in question, either by way of confirming, varying, or further varying the scheme, as the Controller may determine to be reasonable in the circumstances.

(5) Subsections (3), (4), (6) and (7) of the immediately preceding section of this Act shall apply for the purposes of this section.

(6) The preceding provisions of this section shall have effect in relation to orders made under this section as they have effect in relation to orders made under the immediately preceding section of this Act.

(7) Nothing in this section shall be construed as preventing a licence scheme, in respect of which an order has been made under the immediately preceding section of this Act, from being again referred to the Controller under that section, either—

(a) at any time, in so far as the scheme relates to cases of a class to which the order does not apply, or

(b) after the expiration of the order, in so far as the scheme relates to cases of the class to which the order applied while it was in force.

34 Applications to the Controller.

34.—(1) For the purposes of this Part of this Act a case shall, subject to the provisions of subsection (2) of this section, be taken to be covered by a licence scheme if, in accordance with a licence scheme for the time being in operation, licences would be granted in cases of the class to which that case belongs.

(2) Where, in accordance with the provisions of a licence scheme—

(a) the licences which would be so granted would be subject to terms and conditions whereby particular matters would be excepted from the licences, and

(b) the case in question relates to one or more matters falling within such an exception,

the case shall be taken not to be covered by the scheme.

(3) Any person who claims, in a case covered by a licence scheme, that the licensing body operating the scheme have refused or failed to grant him a licence in accordance with the provisions of the scheme, or to procure the grant to him of such a licence, may apply to the Controller under this section.

(4) Any person who claims that he requires a licence in a case not covered by a licence scheme, and either—

(a) that a licensing body have refused or failed to grant the licence, or to procure the grant thereof, and that in the circumstances it is unreasonable that the licence should not be granted, or

(b) that any charges, terms or conditions subject to which a licensing body propose that the licence should be granted are unreasonable,

may apply to the Controller under this section.

(5) Where an organisation (whether claiming to be representative of persons requiring licences or not) or a person (whether requiring a licence or not) applies to the Controller to be made a party to an application under the preceding provisions of this section, and the Controller is satisfied that the organisation or person has a substantial interest in the matter in dispute, the Controller may, if he thinks fit, make that organisation or person a party to the application.

(6) On any application under subsection (3) or subsection (4) of this section the Controller shall give to the applicant and the licensing body in question and to every other party (if any) to the application an opportunity of presenting their cases respectively; and if the Controller is satisfied that the claim of the applicant is well-founded, the Controller shall make an order declaring that, in respect of the matters specified in the order, the applicant is entitled to a licence on such terms and conditions, and subject to the payment of such charges (if any) as—

(a) in the case of an application under subsection (3) of this section, the Controller may determine to be applicable in accordance with the licence scheme, or

(b) in the case of an application under subsection (4) of this section, the Controller may determine to be reasonable in the circumstances.

(7) Any reference in this section to a failure to grant or procure the grant of a licence shall be construed as a reference to a failure to grant it, or to procure the grant thereof, within a reasonable time after being requested to do so.

35 Rules of procedure.

35.—(1) The Minister may make rules in relation to the proceedings before the Controller in the case of references and applications made to the Controller under this Act.

(2) Rules under this section may relate to such proceedings generally or to proceedings on a reference or application made to the Controller under any particular provision or provisions of this Act specified in the rules.

(3) The proceedings aforesaid shall be conducted in accordance with the relevant rules (if any) under this section.

36 Fees.

36.—(1) There shall be charged by the Controller and paid in respect of references and applications made to him under any of the provisions of this Act, and in respect of other matters relating thereto, such fees as may from time to time be prescribed by rules made by the Minister with the consent of the Minister for Finance.

(2) All fees charged by the Controller under this section shall be collected and accounted for in such manner as shall be prescribed by rules made by the Minister, with the consent of the Minister for Finance.

(3) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this section.

37 Power of the Controller to award costs.

37.—The Controller shall, in any proceedings before him under this Act, have power by order to award to any party or parties to the proceedings such costs thereof as he may consider reasonable and to direct how and by which party or parties they are to be paid and any such order may be made a rule of court.

38 Appointment of assessors.

38.—(1) In any proceedings before him under this Act the Controller may, if he thinks fit, and shall, on the request of all the parties to the proceedings, appoint an assessor who is specially qualified in regard to all or any of the questions arising in the course of the proceedings to aid him in his consideration of those questions.

(2) There shall be paid by the Controller to an assessor appointed by him under this section such remuneration (if any) as the Minister may, with the consent of the Minister for Finance, prescribe.

39 Effects of orders of the Controller.

39.—(1) Where an order made on a reference under this Part of this Act with respect to a licence scheme is for the time being in force, any person who, in a case covered by the scheme as confirmed or varied by the order, does anything which—

(a) apart from this subsection would be an infringement of copyright, but

(b) would not be such an infringement if he were the holder of a licence granted in accordance with the scheme, as confirmed or varied by the order, in so far as the scheme relates to cases comprised in the order,

shall, if he has complied with the requirements specified in the next following subsection, be in the like position, in any proceedings for infringement of that copyright, as if he had at the material time been the holder of such a licence.

(2) The said requirements are—

(a) that, at all material times, the said person had complied with the terms and conditions which, in accordance with the licence scheme as confirmed or varied by the order, would be applicable to a licence covering the case in question, and

(b) if, in accordance with the scheme as so confirmed or varied, any charges are payable in respect of such a licence, that at the material time he had paid those charges to the licensing body operating the scheme, or, if at any time the amount payable could not be ascertained, he had given an undertaking to the licensing body to pay the charges when ascertained.

(3) Where the Controller has made an order under section 34 of this Act declaring that a person is entitled to a licence in respect of any matters specified in the order, then if—

(a) that person has complied with the terms and conditions specified in the order, and

(b) in a case where the order requires the payment of charges, he has paid those charges to the licensing body in accordance with the order, or, if the order so provides, has given to the licensing body an undertaking to pay the charges when ascertained,

he shall be in the like position, in any proceedings for infringement of copyright relating to any of those matters, as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms and conditions specified in the order.

(4) In the exercise of his jurisdiction in respect of licences relating to television broadcasts, the Controller shall have regard (among other matters) to any conditions imposed by the promoters of any entertainment or other event which is to be comprised in the broadcasts; and, in particular, the Controller shall not hold a refusal or failure to grant a licence to be unreasonable if it could not have been granted consistently with those conditions.

(5) Nothing in the immediately preceding subsection of this section shall require the Controller to have regard to any such conditions as are mentioned in that subsection in so far as they purport to regulate the charges to be imposed in respect of the grant of licences, or in so far as they relate to payments to be made to the promoters of any event in consideration of the grant of facilities for broadcasting.

(6) Where, on a reference to the Controller under this Part of this Act—

(a) the reference relates to licences in respect of copyright in sound recordings or in television broadcasts, and

(b) the Controller is satisfied that any of the licences in question are required for the purposes of organisations such as are mentioned in paragraph (b) of subsection (8) of section 17 of this Act,

the Controller may, if he thinks fit, exercise his powers under this Part of this Act so as to reduce in the case of those organisations, to such extent as he thinks fit, the charges which he determines generally to be reasonable in relation to cases of the class to which the reference relates, or, if the Controller thinks fit, so as to exempt those organisations from the payment of any such charges.

(7) The immediately preceding subsection of this section shall have effect, with the necessary modifications, in relation to applications under this Part of this Act as it has effect in relation to references thereunder.

(8) In relation to copyright in a literary, dramatic or musical work, any reference in this section to proceedings for infringement of copyright includes a reference to proceedings brought by virtue of subsection (8) of section 27 of this Act.

40 Appeal to the High Court,

40.—(1) An appeal shall lie to the High Court from any order or decision of the Controller on any reference or application made to him under any provision of this Act, and the High Court may make such order confirming, annulling or varying the order or decision of the Controller as it thinks fit.

(2) Subject to subsection (3) of this section, a decision of the High Court under this section shall be final and not appealable.

(3) By leave of the High Court, an appeal from a decision of the High Court under this section shall lie to the Supreme Court on a specified question of law.

41 Reference of cases of dispute to arbitration.

41.—(1) In the case of any dispute referred to the Controller under section 13, section 17 or section 48 of this Act, the Controller may at any time—

(a) if the parties to the dispute consent, or

(b) if the case requires any prolonged examination of documents or other investigation which, in the opinion of the Controller, could not conveniently be made before him,

order the case to be referred to an arbitrator agreed on by the parties, or, in the absence of such agreement, appointed by the Controller.

(2) The award made by an arbitrator in any case referred to him under this section shall, if the parties to the dispute consent to the reference, be final and binding on the parties.

(3) An appeal shall lie to the High Court from any award made by an arbitrator in pursuance of a reference under this section to which the parties to the dispute did not consent and the High Court may make such order confirming, annulling or varying the award of the arbitrator as it thinks fit.

(4) Subject to subsection (5) of this section, a decision of the High Court under this section shall be final and not appealable.

(5) By leave of the High Court, an appeal from a decision of the High Court under this section shall lie to the Supreme Court on a specified question of law.

42 Controller may consult the Attorney General.

42.—The Controller may, in any case of doubt or difficulty arising in connection with the administration of any of the provisions of this Act, apply to the Attorney General for advice in the matter.

PART VI. Application of Act to other Countries.

43 Power to extend benefit of Act to other countries.

43.—(1) The Government may by order make provision for applying any of the provisions of this Act specified in the order for the benefit of another country, in any one or more of the following ways, so as to secure that those provisions—

(a) apply in relation to literary, dramatic, musical or artistic works, sound recordings, cinematographic films or editions first published in that country as they apply in relation to literary, dramatic, musical or artistic works, sound recordings, cinematographic films or editions first published in the State;

(b) apply in relation to persons who, at a material time, are citizens or subjects of that country as they apply in relation to persons who, at such a time are Irish citizens;

(c) apply in relation to persons who, at a material time, are domiciled or resident in that country as they apply in relation to persons who, at such a time, are domiciled or resident in the State;

(d) apply in relation to bodies incorporated under the laws of that country as they apply in relation to bodies incorporated under the laws of the State;

(e) apply in relation to television broadcasts and sound broadcasts made from places in that country by one or more organisations constituted in or under the laws of that country as they apply in relation to television broadcasts or sound broadcasts made from places in the State by Radio Éireann.

(2) An order under this section may—

(a) apply the provisions in question as mentioned in the preceding subsection, but subject to exceptions or modifications specified in the order;

(b) direct that the provisions in question shall so apply either generally or in relation to such classes of works or other subject matters or classes of cases as may be specified in the order.

(3) The Government shall not make an order under this section applying any of the provisions of this Act in respect of any country which is not a party to a Convention relating to copyright to which the State is also a party, unless the Government is satisfied that, in respect of the class of works or other subject matter to which those provisions relate, provision has been or will be made under the laws of that country whereby adequate protection will be given to owners of copyright under this Act.

(4) The Government may by order revoke or amend an order under this section including an order under this subsection.

44 Copyright in publications of certain international organisations.

44.—(1) This section applies to the following organisations, namely, the United Nations and the organs thereof, and the specialised agencies in relationship therewith, the Organisation of American States and any other international organisation specified in an order made under subsection (6) of this section.

(2) Where a work which is an original literary, dramatic, musical or artistic work or a sound recording or cinematograph film is made by or under the direction or control of an organisation to which this section applies in such circumstances that—

(a) copyright would not subsist in the work apart from this subsection, but

(b) if the author or maker of the work had been an Irish citizen at the time when it was made, copyright would have subsisted in the work immediately after it was made and would thereupon have vested in the organisation,

copyright shall subsist in the work as if the author or maker had been an Irish citizen when it was made, that copyright shall continue to subsist so long as the work remains unpublished, and the organisation shall, subject to the provisions of this Act, be entitled to that copyright.

(3) Where a work which is an original literary, dramatic, musical or artistic work or a sound recording or cinematograph film is first published by or under the direction or control of an organisation to which this section applies in such circumstances that, apart from this subsection, copyright does not subsist in the work immediately after the first publication thereof, and either—

(a) the work is so published in pursuance of an agreement with the author or maker which does not reserve to the author or maker the copyright (if any) in the work, or

(b) the work was made in such circumstances that, if it had been first published within the State, the organisation would have been entitled to the copyright in the work,

copyright shall subsist in the work (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) as if it had been first published within the State, that copyright shall subsist until the end of the period of fifty years from the end of the year in which they were first published and the organisation shall, subject to the provisions of this Act, be entitled to that copyright.

(4) The provisions of Parts II and III of this Act with the exception of those relating to the subsistence, duration or ownership of copyright, shall apply in relation to copyright subsisting by virtue of this section as they apply in relation to copyright subsisting by virtue of the said provisions.

(5) An organisation to which this section applies which otherwise has not, or at some material time otherwise had not, the legal capacities of a body corporate shall have, and shall be deemed at all material times to have had, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and in connection with all legal proceedings relating to copyright.

(6) The Government may, if it thinks fit, by order direct that the provisions of subsections (2), (3), (4) and (5) of this section shall apply to such international organisations as may be specified in the order.

(7) The Government may by order revoke or amend an order under this section including an order under this subsection.

45 Extended application of provisions relating to broadcasts.

45.—(1) The Government may by order provide that, subject to such exceptions and modifications (if any) as may be specified in the order, such provisions of this Act relating to television broadcasts or to sound broadcasts as may be so specified shall apply in relation to the operation of wireless telegraphy apparatus by way of the emission (as opposed to reception) of electro-magnetic energy—

(a) by such persons or classes of persons, other than Radio Éireann, as may be specified in the order, and

(b) for such purposes (whether involving broadcasting or not) as may be so specified,

as they apply in relation to television broadcasts, or, as the case may be, to sound broadcasts made by Radio Éireann.

(2) The Government may by order revoke or amend an order under this section including an order under this subsection.

46 Denial of copyright to citizens of countries not giving adequate protection to Irish works.

46.—(1) If it appears to the Government that the laws of a country fail to give adequate protection to Irish works to which this section applies, or fail to give such protection in the case of one or more classes of such works (whether the lack of protection relates to the nature of the work or the country of its author or both), the Government may make an order designating that country and making such provision in relation thereto as is mentioned in the following provisions of this section.

(2) An order under this section shall provide that, either generally or in such classes of cases as are specified in the order, copyright under this Act shall not subsist in works to which this section applies which were first published after a date specified in the order, if at the time of their first publication the authors thereof were—

(a) citizens or subjects of the country designated by the order, not being at that time persons domiciled or resident in the State, or

(b) bodies incorporated under the laws of the country designated by the order.

(3) In making an order under this section the Government shall have regard to the nature and extent of the lack of protection for Irish works in consequence of which the order is made.

(4) This section applies to the following works, that is to say, literary, dramatic, musical and artistic works, sound recordings and cinematograph films.

(5) The Government may by order revoke or amend an order under this section including an order under this subsection.

(6) In this section—

“Irish work” means a work of which the author, at the time when the work was made, was a qualified person for the purposes of the relevant provision of this Act;

“author”, in relation to a sound recording or a cinematograph film, means the maker of the recording or film;

“the relevant provision of this Act”, in relation to literary, dramatic and musical works means section 8, in relation to artistic works means section 9, in relation to sound recordings means section 17, and in relation to cinematograph films means section 18 of this Act.

PART VII. Miscellaneous and Supplementary Provisions.

47 Assignments and licences in respect of copyright.

47.—(1) Subject to the provisions of this section, copyright shall be transmissible by assignment, by testamentary disposition, or by operation of law, as personal or moveable property.

(2) An assignment of copyright may be limited in any one of the following ways, or in any combination of two or more of those ways, that is to say—

(a) so as to apply to one or more, but not all, of the classes of acts which by virtue of this Act the owner of the copyright has the exclusive right to do (including any one or more classes of acts not separately designated in this Act as being restricted by the copyright, but falling within any of the classes of acts so designated),

(b) so as to apply to any one or more, but not all, of the countries in relation to which the owner of the copyright has by virtue of this Act that exclusive right,

(c) so as to apply to part, but not the whole, of the period for which the copyright is to subsist,

and references in this Act to a partial assignment are references to an assignment so limited.

(3) No assignment of copyright (whether total or partial) shall have effect unless it is in writing signed by or on behalf of the assignor.

(4) A licence granted in respect of any copyright by the person who, in relation to the matters to which the licence relates, is the owner of the copyright shall be binding on every successor in title to his interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Act, in relation to any copyright, to the doing of anything with, or (as the case may be) without, the licence of the owner of the copyright shall be construed accordingly.

48 Broadcasting of works incorporated in a cinematograph film.

48.—(1) Where the owner of the copyright in any literary, dramatic, musical or artistic work authorises a person to incorporate the work in a cinematograph film and Radio Éireann broadcasts the film, such broadcast shall not, in the absence of any agreement to the contrary, infringe such copyright.

(2) Where Radio Éireann broadcasts a cinematograph film in which a musical work is incorporated, the owner of the right to broadcast the work shall be entitled to receive an equitable remuneration from Radio Éireann.

49 Prospective ownership of copyright.

49.—(1) Where by an agreement made in relation to any future copyright, and signed by or on behalf of the prospective owner of the copyright, the prospective owner purports to assign the future copyright (wholly or partially) to another person (in this subsection referred to as the assignee), then if, on the coming into existence of the copyright, the assignee or a person claiming under him would, apart from this subsection, be entitled as against all other persons to require the copyright to be vested in him (wholly or partially, as the case may be), the copyright shall, on its coming into existence, vest in the assignee or his successor in title accordingly by virtue of this subsection and without further assurance.

(2) Where, at the time when any copyright comes into existence, the person who, if he were then living, would be entitled to the copyright is dead, the copyright shall devolve as if it had subsisted immediately before his death and he had then been the owner of the copyright.

(3) Subsection (4) of section 47 of this Act shall apply in relation to a licence granted by a prospective owner of any copyright as it applies in relation to a licence granted by the owner of a subsisting copyright subject to the modification that any reference in that subsection to the owner's interest in the copyright shall be construed as including a reference to his prospective interest therein.

(4) In this Act “future copyright” means copyright which will or may come into existence in respect of any future work or class of works or other subject-matter, or on the coming into operation of any provisions of this Act, or in any other future event, and “prospective owner” shall be construed accordingly and, in relation to any such copyright, includes a person prospectively entitled thereto by virtue of such an agreement as is mentioned in subsection (1) of this section.

50 Copyright to pass under will with unpublished work.

50.—Where under a bequest (whether specific or general) contained in the will or a codicil to the will of a person who dies after the commencement of this section a person is entitled, beneficially or otherwise, to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless a contrary intention is indicated in the testator's will or a codicil thereto, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

51 Copyright in Government publications.

51.—(1) In the case of every original literary, dramatic, musical or artistic work, sound recording and cinematograph film made by or under the direction or control of the Government or a Minister of State—

(a) if apart from this section copyright would not subsist in the work, copyright shall subsist therein by virtue of this subsection, and

(b) in any case, the Government shall, subject to the provisions of this Part of this Act, be entitled to the copyright in the work.

(2) The Government shall, subject to the provisions of this Part of this Act, be entitled to the copyright in every original literary, dramatic, musical or artistic work, sound recording or cinematograph film first published in the State if first published by or under the direction or control of the Government or a Minister of State.

(3) The copyright in any original literary, dramatic or musical work to which the Government is entitled by virtue of this section—

(a) where the work is unpublished, shall continue to subsist so long as the work remains unpublished, and

(b) where the work is published, shall subsist (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) until the end of the period of fifty years from the end of the year in which the work was first published.

(4) The copyright in an artistic work which belongs to the Government by virtue of this section—

(a) where the work is an engraving or a photograph, shall continue to subsist until the end of the period of fifty years from the end of the year in which the work is first published, and

(b) in the case of any other artistic work, shall continue to subsist until the end of the period of fifty years from the end of the year in which the work was made.

(5) In the case of every sound recording or cinematograph film made by or under the direction or control of the Government or a Minister of State—

(a) if apart from this section copyright would not subsist in the recording or film, copyright shall subsist therein by virtue of this subsection, and

(b) in any case, the Government shall, subject to the provisions of this Part of this Act, be entitled to the copyright in the recording or film, and it shall subsist for the same period as if it were copyright subsisting by virtue of, and owned in accordance with section 17 or, as the case may be, section 18 of this Act.

(6) The preceding provisions of this section shall have effect subject to any agreement made by or on behalf of the Government or any Minister of State with the author of the work, or the maker of the sound recording or cinematograph film, as the case may be, whereby it is agreed that the copyright in the work, recording or film shall vest in the author or maker, or in another person designated in that behalf in the agreement.

(7) In relation to copyright subsisting by virtue of this section—

(a) in the case of a literary, dramatic, musical or artistic work, the provisions of Part II of this Act, with the exception of provisions thereof relating to subsistence, duration or ownership of copyright, and

(b) in the case of a sound recording or cinematograph film, the provisions of Part III of this Act, with the exception of provisions thereof relating to the subsistence or ownership of copyright,

shall apply as those provisions apply in relation to copyright subsisting by virtue of Part II or, as the case may be, Part III of this Act.

52 Broadcasts of sound recordings and cinematograph films and diffusion of broadcast programmes.

52.—(1) Where a sound broadcast or television broadcast is made by Radio Éireann, and a person, by the reception of that broadcast, causes a sound recording, whether made before or after the commencement of this section, to be heard in public or to be transmitted to subscribers to a diffusion service, he does not thereby infringe the copyright (if any) in that recording.

(2) Where a television broadcast or sound broadcast is made by Radio Éireann, and the broadcast is an authorised broadcast, any person who, by the reception of the broadcast, causes a cinematograph film to be seen or heard in public shall be in the like position, in any proceedings for the infringement of the copyright (if any) in the film under section 18 of this Act, as if he had been the holder of a licence granted by the owner of that copyright to cause the film to be seen or heard in public by the reception of the broadcast.

(3) Where a television broadcast or sound broadcast is made by Radio Éireann, and the broadcast is an authorised broadcast, any person who, by the reception of the broadcast, causes a programme to be transmitted to subscribers to a diffusion service, being a programme comprising a literary, dramatic, or musical work, or an adaptation of such a work, or an artistic work, or a cinematograph film, shall be in the like position, in any proceedings for infringement of the copyright (if any) in the work or film, as if he had been the holder of a licence granted by the owner of that copyright to include the work, adaptation or film in any programme caused to be transmitted by him to subscribers to that service by the reception of the broadcast.

(4) If, in the circumstances mentioned in either of the two last preceding subsections, the person causing the cinematograph film to be seen or heard, or the programme to be transmitted, as the case may be, infringed the copyright in question, by reason that the broadcast was not an authorised broadcast—

(a) no proceedings shall be brought against that person under this Act in respect of his infringement of that copyright, but

(b) it shall be taken into account in assessing damages in any proceedings against Radio Éireann in respect of that copyright, in so far as that copyright was infringed by Radio Éireann in making the broadcast.

(5) For the purposes of this section, a broadcast shall be taken, in relation to a work or cinematograph film, to be an authorised broadcast if, but only if, it is made by, or with the licence of, the owner of the copyright in the work or film.

53 Use of copyright material for education.

53.—(1) Where copyright subsists in a literary, dramatic, musical or artistic work, the copyright shall not be taken to be infringed by reason only that the work is reproduced, or an adaptation of the work is made or reproduced—

(a) in the course of instruction, whether at a school or elsewhere, where the reproduction or adaptation is made by a teacher or pupil otherwise than by the use of a duplicating process, or

(b) as part of the questions to be answered in an examination, or in an answer to such a question.

(2) Nothing in the preceding subsection of this section shall apply to the publication of a work; and, for the purposes of section 11 of this Act, the fact that to a person's knowledge the making of an article would have constituted an infringement of copyright but for the preceding subsection of this section shall have the like effect as if, to his knowledge, the making of it had constituted such an infringement.

(3) For the avoidance of doubt it is hereby declared that, where a literary, dramatic or musical work—

(a) is performed in class, or otherwise in the presence of an audience, and

(b) is so performed in the course of the activities of a school, by a person who is a teacher in, or a pupil in attendance at, the school,

the performance shall not be taken for the purposes of this Act to be a performance in public if the audience is limited to persons who are teachers in, or pupils in attendance at, the school, or are otherwise directly connected with the activities of the school.

(4) For the purposes of the last preceding subsection of this section a person shall not be taken to be directly connected with the activities of a school by reason only that he is a parent or guardian of a pupil in attendance at the school.

(5) Subsections (3) and (4) of this section shall apply in relation to sound recordings, cinematograph films and television broadcasts as they apply in relation to literary, dramatic and musical works, subject to the modification that any reference to performance shall be construed as a reference to the act of causing the sounds or visual images in question to be heard or seen.

(6) Nothing in this section shall be construed—

(a) as extending the operation of any provision of this Act as to the acts restricted by copyright of any description, or

(b) as derogating from the operation of any exemption conferred by any provision of this Act other than this section.

(7) In this section “duplicating process” means any process involving the use of an appliance for producing multiple copies.

(8) The Minister may, after consultation with the Minister for Education, make an order under this section designating any educational establishment or any type or description of educational establishment specified in the order to be a school for the purposes of this section.

(9) The Minister may at any time, after such consultation as aforesaid, revoke or amend an order under this section.

54 False attribution of authorship.

54.—(1) The restrictions imposed by this section shall have effect in relation to literary, dramatic, musical or artistic works; and any reference in this section to a work shall be construed as a reference to such a work.

(2) A person (in this subsection referred to as the offender) contravenes those restrictions as respects another person if, without the licence of that other person, he does any of the following acts in the State, that is to say, he—

(a) inserts or affixes that other person's name in or on a work of which that person is not the author, or in or on a reproduction of such a work, in such a way as to imply that the other person is the author of the work, or

(b) publishes, or sells or lets for hire, or by way of trade offers or exposes for sale or hire, or by way of trade exhibits in public, a work in or on which the other person's name has been so inserted or affixed, if to the offender's knowledge that person is not the author of the work, or

(c) does any of the acts mentioned in the last preceding paragraph of this subsection in relation to, or distributes, reproductions of a work, being reproductions in or on which the other person's name has been so inserted or affixed, if to the offender's knowledge that person is not the author of the work, or

(d) performs in public, or broadcasts, a work of which the other person is not the author, as being a work of which he is the author, if to the offender's knowledge that person is not the author of the work.

(3) The last preceding subsection of this section shall apply where, contrary to the fact, a work is represented as being an adaptation of the work of another person as it applies where a work is so represented as being the work of another person.

(4) In the case of an artistic work which has been altered after the author parted with the possession of it, the said restrictions are contravened, in relation to the author, by a person who in the State, without the licence of the author—

(a) publishes, sells or lets for hire, or by way of trade offers or exposes for sale or hire the work as so altered, as being the unaltered work of the author, or

(b) publishes, sells or lets for hire, or by way of trade offers or exposes for sale or hire a reproduction of the work as so altered, as being a reproduction of the unaltered work of the author,

if to his knowledge it is not the unaltered work, or as the case may be, a reproduction of the unaltered work, of the author.

(5) Subsections (2), (3) and (4) of this section shall apply with respect to anything done in relation to another person after that person's death as if any reference to that person's licence were a reference to a licence given by him or by his personal representatives, so, however, that nothing in those subsections shall apply to anything done in relation to a person more than twenty years after that person's death.

(6) In the case of an artistic work in which copyright subsists, the said restrictions are also contravened, in relation to the author of the work, by a person who in the State—

(a) publishes, or sells or lets for hire, or by way of trade offers or exposes for sale or hire, or by way of trade exhibits in public, a reproduction of the work, as being a reproduction made by the author of the work, or

(b) distributes reproductions of the work as being reproductions made by the author of the work,

if (in any such case) the reproduction or reproductions was or were to his knowledge not made by the author.

(7) The proceeding provisions of this section shall apply (with the necessary modifications) with respect to things done, in relation to two or more persons in connection with the same work.

(8) The restrictions imposed by this section shall not be enforceable by any criminal proceedings; but any contravention of those restrictions, in relation to a person, shall be actionable at his suit, or, if he is dead, at the suit of his personal representatives, as a breach of statutory duty.

(9) Any damages recovered under this section by personal representatives, in respect of a contravention committed in relation to a person after his death, shall devolve as part of his estate, as if the right of action had subsisted and had been vested in him immediately before his death.

(10) Nothing in this section shall derogate from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than by virtue of this section; so, however, that this subsection shall not be construed as requiring any damages recovered by virtue of this section to be disregarded in assessing damages in any proceedings instituted otherwise than by virtue of this section and arising out of the same transaction.

(11) In this section “name” includes initials or a monogram.

55 Register to be kept by proprietors of theatres, etc.

55.—(1) It shall be the duty of the proprietor of every theatre, hall, room or other place, in which dramatic works are performed to keep or cause to be kept in such theatre, hall, room, or place a register, in the form prescribed by the Minister by rules, of all dramatic works performed in such theatre, hall, room, or place in the presence of persons who have paid for admission to the performance, and within twelve hours after each performance to enter or cause to be entered in such register such particulars of the work and of the person presenting it as shall be prescribed by rules made by the Minister.

(2) Every register kept in pursuance of this section may be inspected at all reasonable times by any person who is the author of or owner of the copyright in any published work and copies of the register or of any part thereof may be made by the person.

(3) The Minister may make rules prescribing all or any of the following matters, that is to say:—

(a) the form of the register to be kept in pursuance of this section,

(b) the particulars to be entered in the register in respect of dramatic works, and of the person presenting them,

(c) defining the person who is to be deemed, in respect of any particular dramatic work, to be presenting it.

(4) If any person who is required by this section to keep, or cause to be kept, a register—

(a) fails to keep the register or to cause it to be kept, or

(b) fails to make or cause to be made in the register within the time prescribed by this section any entry required by or under this section to be made therein, or

(c) fails to produce the register for the inspection of any person entitled under this section to inspect it or obstructs or impedes any such person in making such inspection, or

(d) wilfully or negligently makes or causes or permits to be made in the register any entry which is false or misleading in any material particular,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

56 Delivery of books to certain libraries.

56.—(1) The publisher of any book first published in the State after the commencement of this section shall, within one month after the publication, deliver, at his own expense, a copy of the book to the trustees of the National Library of Ireland, a copy of the book to the authority having control of the Library of Trinity College, Dublin, four copies of the book for or in accordance with the directions of the authority having control of the National University of Ireland for the use of the respective libraries of the three constituent Colleges of that University and of the library of St. Patrick's College, Maynooth, a recognised College of that University, and a copy of the book to the trustees of the British Museum, and such trustees and authorities respectively shall give a written receipt for every book so delivered to them:

Provided that the Minister may, on the application of the trustees of the National Library of Ireland, or of the authority having control of the Library of Trinity College, Dublin, or of any of the respective authorities having control of the three constituent Colleges of the National University of Ireland or St. Patrick's College, Maynooth, or of the trustees of the British Museum, make regulations excepting from the provisions of this subsection in regard to the trustees or authority making the application, publications wholly or mainly in the nature of trade advertisements, or such classes of such publications as may be specified in the regulations, and thereupon it shall not be necessary for the publisher of any publication so excepted to deliver the publication to such trustees or authority or for such trustees or authority to give a receipt therefor, unless as respects any particular publication a written demand for the delivery thereof is made by such trustees or authority.

(2) The publisher of any book first published in the State after the commencement of this section shall also, if written demand is made before the expiration of twelve months after publication, deliver within one month after receipt of that written demand or, if the demand was made before publication, within one month after publication, to some address in Dublin named in the demand a copy of that book for, or in accordance with the directions of, the authority having the control of each of the following libraries, namely: the Bodleian Library, Oxford, the University Library, Cambridge, the National Library of Scotland, and the National Library of Wales. In the case of an encyclopaedia, newspaper, review, magazine or work published in a series of numbers or parts, the written demand may include all numbers or parts of the work which may be subsequently published.

(3) A copy of a book delivered to the trustees of the National Library of Ireland or the trustees of the British Museum in pursuance of the provisions of this section shall be a copy of the whole book with all maps and illustrations belonging thereto, finished and coloured in the same manner as the best copies of the book are published, and shall be bound, sewed or stitched together, and be printed on the best paper on which the book is printed.

(4) A copy of a book delivered to any of the other authorities mentioned in this section in pursuance of the provisions of this section shall be printed on the paper on which the largest number of copies of the book is printed for sale, and shall be in the like condition as the books prepared for sale.

(5) If a publisher fails to comply with this section, he shall be liable on summary conviction to a fine not exceeding twenty pounds and the value of the book, and the fine shall be paid to the trustees or authority to whom the book ought to have been delivered.

(6) For the purposes of this section, “book” includes every part or division of a book, pamphlet, sheet of letterpress, sheet of music, map, plan, chart or table separately published, but shall not include any second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress or in the maps, prints, or other engravings belonging thereto.

57 Copyright in Irish legal tender notes, consolidated bank notes and in Irish coins.

57.—(1) Notwithstanding anything contained in Part II of this Act, the copyright in legal tender notes issued whether before or after the commencement of this section by the Central Bank of Ireland (in this section referred to as the Bank) or issued before such commencement by the Currency Commission shall be perpetual and shall belong to the Bank.

(2) Notwithstanding anything contained in Part II of this Act, the copyright in consolidated bank notes issued before the commencement of this section by the Bank or by the Currency Commission shall be perpetual and shall belong to the Bank.

(3) Notwithstanding anything contained in Part II of this Act, the copyright in all coins to which this section applies and the copyright in the artistic work defining the design of any such coin shall be perpetual and shall belong to the Minister for Finance.

(4) (a) In the application of subsection (1) of section 3 of this Act to any such legal tender note or consolidated bank note or any coin to which this section applies references in the subsection to a substantial part of a work or other subject-matter shall be construed as references to any part of a work or other subject-matter.

(b) Sections 12 and 14 of this Act shall not apply in relation to the copyrights referred to in this section.

(5) Coins to which this section applies and the artistic work defining the design of any such coin shall, for the purposes of section 172 of the Act of 1927, be deemed not to be designs.

(6) This section applies to coins issued under the Coinage Act, 1926, or under that Act as amended, gold coins issued under the Currency Act, 1927, and coins issued under the Coinage Act, 1950.

58 Disposal of books of King's Inns Library, Dublin.

58.—Notwithstanding anything contained in the King's Inns Library Act, 1945, or the enactments referred to therein or the Copyright Act, 1801, or the Copyright Act, 1836, the Benchers of the Honourable Society of King's Inns may sell or exchange any of the books of the King's Inns Library, Dublin, whether acquired before or after the commencement of this section.

59 Amendment of section 70 of Act of 1927.

59.—Section 70 of the Act of 1927 is hereby amended by—

(a) the substitution in subsection (2) of “before the expiration of a period of five years and six months from the date of such registration” for “within the prescribed time before the expiration of the said five years”, and

(b) the substitution in subsection (3) of “before the expiration of a period of ten years and six months from the date of such registration” for “within the prescribed time before the expiration of such second period of five years”.

60 Savings.

60.—(1) Nothing in this Act shall affect any right or privilege of the Government subsisting otherwise than by virtue of an enactment, and nothing in this Act shall affect any right or privilege of the Government or of any other person under any enactment, except in so far as that enactment is expressly repealed, amended or modified by this Act.

(2) Nothing in this Act shall affect the right of the Government or of any person deriving title from the Government to sell, use or otherwise deal with articles forfeited under the laws relating to customs or excise, including any article so forfeited by virtue of this Act or of any enactment repealed by this Act.

(3) Nothing in this Act shall affect the operation of any rule of equity relating to breaches of trust or confidence.

(4) Subject to the preceding provisions of this section, no copyright or right in the nature of copyright, shall subsist otherwise than by virtue of this Act or of some other enactment in that behalf.

FIRST SCHEDULE. Transitional Provisions.

PART I.

(a) to any work made as mentioned in subsection (2) or subsection (4) of that section, if the work was so made before the commencement of that section, or

(b) to any work made as mentioned in subsection (3) of that section, if the work was or is so made in pursuance of a contract made before the commencement of that section.

(2) In relation to any work to which the preceding subparagraph of this paragraph applies, subsection (1) of the said section 10 shall have effect subject to the following proviso, namely, that—

(a) where, in the case of an engraving, photograph, or portrait, the plate or other original was ordered by some other person and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement to the contrary, the person by whom such plate or other original was ordered shall be the first owner of the copyright; and

(b) where an author was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine, or similar periodical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine, or similar periodical.

(2) In subsection (10) of section 14 of this Act, the reference to construction by, or with the licence of, the owner of the copyright in any architectural drawings or plans includes a reference to construction by, or with the licence of, the person who, at the time of the construction, was the owner of the copyright in the drawings or plans under the Act of 1927 or under any enactment repealed by that Act.

PART II.

PART III.

PART IV.

PART V.

PART VI.

(a) was made or occurred before the commencement of that provision, and

(b) had any operation affecting the title to copyright in the work subsisting by virtue of the Copyright Act, 1911, and the Copyright (Preservation) Act, 1929, or the Act of 1927, or would have had such an operation if Parts VI and VII of the Act of 1927 had continued in force,

shall have the corresponding operation in relation to the copyright in the work under this Act:

So, however, that, if the operation of any such document was or would have been limited to a period specified in the document, it shall not have any operation in relation to the copyright under this Act, except in so far as that period extends beyond the commencement of the provision of this Act by virtue of which copyright subsists in the work.

(2) For the purposes of the operation of a document in accordance with the preceding subparagraph of this paragraph—

(a) expressions used in the document shall be construed in accordance with their effect immediately before the commencement of the provision in question, notwithstanding that a different meaning is assigned to them for the purposes of this Act; and

(b) subsection (1) of section 49 of this Act shall not apply.

(3) Without prejudice to the generality of subparagraph (1) of this paragraph, the proviso to subsection (2) of section 158 of the Act of 1927 shall apply to assignments and licences having effect in relation to copyright under this Act in accordance with that subparagraph, as if that proviso had been re-enacted in this Act.

(4) In relation to copyright under this Act in a sound recording or in a cinematograph film, the preceding provisions of this paragraph shall apply subject to the following modifications, that is to say—

(a) in the case of a sound recording, references to the copyright under the Act of 1911 or the Act of 1927 shall be construed as references to the copyright under the Act of 1911 or the Act of 1927, as the case may be, in records embodying the recording, and

(b) in the case of a cinematograph film, references to the copyright under the Act of 1911 or the Act of 1927 shall be construed as references to any copyright under the Act of 1911 or the Act of 1927, as the case may be, in the film, in so far as it constituted a dramatic work for the purposes of the Act of 1911 or the Act of 1927, as the case may be, or in photographs forming part of the film.

(5) In this paragraph “operation affecting the title”, in relation to copyright under the Act of 1911 or the Act of 1927, means any operation affecting the ownership of that copyright, or creating, transferring or terminating an interest, right or licence in respect of that copyright.

(2) In the case of an author who died before the commencement of the said section 50, subsection (2) of section 167 of the Act of 1927 shall have effect as if it had been re-enacted in this Act.

(2) Subject to the preceding subparagraph of this paragraph, no act done before the commencement of the said section 54 shall be actionable by virtue of that section.

(3) In this paragraph “name” has the same meaning as in the said section 54.

PART VII.

(2) In this Part of this Schedule “right conferred by the Act of 1911”, in relation to a work, means such a substituted right as, by virtue of section 24 of the Act of 1911, was conferred in place of a right subsisting immediately before the commencement of that Act.

(2) Where, in the case of a dramatic or musical work to which this Part of this Schedule applies, the right conferred by the Act of 1911 consisted only of the sole right to perform the work in public, then, in so far as copyright subsists in the work by virtue of this Act, the acts restricted by the copyright shall be treated as consisting only of those specified in subparagraph (3) of this paragraph.

(3) The said acts are—

(a) performing the work or an adaptation thereof in public;

(b) broadcasting the work or an adaptation thereof;

(c) causing the work or an adaptation thereof to be transmitted to subscribers to a diffusion service.

(a) the author of a work to which this Part of this Schedule applies had, before the commencement of the Act of 1911, made such an assignment or grant as is mentioned in paragraph (a) of the proviso to subsection (1) of section 24 of that Act (which relates to transactions whereby the author had assigned, or granted an interest in, the copyright or performing right in a work for the full term of that right under the law in force before the Act of 1911), and

(b) copyright subsists in the work by virtue of any provision of this Act.

(2) If, before the commencement of that provision of this Act, any event occurred, or notice was given, which in accordance with paragraph (a) of the said proviso had any operation affecting the ownership of the right conferred by the Act of 1911 in relation to the work, or creating, transferring or terminating an interest; right or licence in respect of that right, that event or notice shall have the corresponding operation in relation to the copyright in the work under this Act.

(3) Any right which, at a time after the commencement of that provision of this Act, would, by virtue of paragraph (a) of the said proviso, have been exercisable in relation to the work, or to the right conferred by the Act of 1911, if this Act had not been passed, shall be exercisable in relation to the work or to the copyright therein under this Act, as the case may be.

(4) If, in accordance with paragraph (a) of the said proviso, the right conferred by the Act of 1911 would have reverted to the author or his personal representatives on the date referred to in that paragraph, and the said date falls after the commencement of the provision of this Act whereby copyright subsists in the work, then on that date—

(a) the copyright in the work under this Act shall revert to the author or his personal representatives, as the case may be, and

(b) any interest of any other person in that copyright which subsists on that date by virtue of any document made before the commencement of the Act of 1911 shall thereupon determine.

PART VIII.

(2) Where, at any time after the commencement of any provisions of this Act, a provision which contains such a reference has not been applied in the case of a country under section 43 of this Act, then, with respect to any time before the provision is so applied, the reference shall be construed as if the provision did apply to that country.

(3) References in any order under section 175 of the Act of 1927 to works first published in the State shall, in relation to published works the authors of which were at the time of first publication subjects or citizens of a country to which the order relates be construed as references to works of which the authors were qualified persons at the time of such publication.

(4) In relation to photographs taken before the commencement of section 9 of this Act, and to sound recordings made before the commencement of section 17 of this Act the definition of “qualified person” in subsection (5) of section 7 of this Act shall apply as if, in paragraph (b) of that subsection, for the words “body incorporated under the laws of the State”, there were substituted the words “body corporate which has established a place of business in the State”.

(a) immediately before the date on which Parts VI and VII of the Act of 1927 are repealed by this Act, provisions of the said Part VI have effect as applied by an order made in respect of a country under section 175 of the Act of 1927 as amended by section 11 of the Industrial and Commercial Property (Protection) (Amendment) Act, 1957; and

(b) no order under section 43 of this Act applying any provisions of this Act in the case of that country, is made so as to come into force on or before that date.

(2) The provisions of Part VI of the Act of 1927 as applied to any country by an order under the said section 175 (as so amended as aforesaid) shall continue to have effect, notwithstanding the repeal of the said Part VI, until the occurrence of whichever of the following events first occurs, that is to say:

(a) the revocation of the order made under section 175 (as amended) of the Act of 1927;

(b) the coming into operation of an order under section 43 of this Act applying any of the provisions of this Act in the case of the foreign country in question.

(3) For the purposes of continuing, varying or terminating the operation of any of the provisions of Part VI of the Act of 1927 in accordance with the last preceding subparagraph, and for the purposes of any proceedings arising out of the operation of those provisions in accordance with that subparagraph, all the provisions of Parts VI and VII of the Act of 1927 (including the power to make orders under section 175 (as amended) of that Act) shall be treated as continuing in force as if none of those provisions had been repealed by this Act.

(a) any enactment or other document referring to an enactment repealed by this Act shall be construed as referring (or as including a reference) to the corresponding enactment of this Act;

(b) any enactment or other document referring to copyright, or to works in which copyright subsists, if apart from this Act it would be construed as a reference to copyright under the Act of 1927, or to works in which copyright subsists under that Act, shall be construed as referring (or including a reference) to copyright under this Act, or, as the case may be, to works or any other subject-matter in which copyright subsists under this Act;

(c) any reference in an enactment or other document to the grant of an interest in copyright by licence shall be construed, in relation to copyright under this Act, as a reference to the grant of a licence in respect of that copyright.

(2) For the purposes of any references in this Schedule to works, sound recordings or cinematograph films made before the commencement of a provision of this Act, a work, recording or film, the making of which extended over a period, shall not be taken to have been so made unless the making of it was completed before the commencement of that provision.