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longer, and references in this Act to the period after the expiration of any specified number of years from the death of the author shall be construed as ref-reaces to the period after the expiration of the like number of years from the death of the author who dies first or after the death of the author wh lies last, whichever perind may be the shorter, and in the provisions of this Aer with res pect to the grant of compulsory licences a reservice to the date of the leach of the author who dies last shall be substiturell for the reference to the date of the death of the author.
(2) Where, in the ease of a work of joint authorship, serue one or more of the joint authors do not satisfy the conditious conferring enpyright laid down by this Act, the work shall be reared for the purposes of this Act as if the other author or nutbors had been the sole author or authors thereof:
Provided that the term of the copyright shall be the same as it woul! have been if all the authors hari satisfied seed conditions as atoresuit.
(3) For the purposes of this Act, "a work of jiut authorship" means a work produced by the collaboration of two or mure authors in which the custrin tion of one author is not distinct from the contribution of the other author or anthors.
(4) Where a married woman and her husband are joint authors of a work the interest of such married woman therein shall be her separate property,
17.-(1) In the case of a litery dramatic or musical work, or an engraving, in which copyright subsists at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who dies last, but which has not been published, nor, in the use of a dronutic or musical work, been performel în public, mor, in the case of a lectura, been delivered in public, before that date, copyright shall subsist till publication, or performance or delivery in public, whichever may first happen, and for a term of fifty years ther alter, and the proviso to section three of this Art shall, in the cuer of such a work, apply na if the author hul died at the date of such publication or performance or delivery in public as aforesaid,
(2) The ownership of an author's unscript after his dear, where such ownership has been acquirect under a testamentary disposition made by the author and the manuscript is of a work which has not been published nur pertened in public nor delivered in public, shall be prímé facie proof of the copyright being with the owner of the manuscript.
18. Without prejudice to any rights or privileges of the Crown, where any work has, whether beloen or ufter the commencement of this Act, been prepared or pubished by or muler the direction or control of His Majesty or any Government department, the copyright in the work shall, subject to any agreement with the author, belong to His Majesty, and in such case shall contine for a period of firty. years from the date of the firen publication of the work,
19.-(1) O pyrigh shall subsist in records, perforated rolls, and other run- to mecbank trivances by means of which sounds may be mechanically reproduced, in like mer as if such coprivangs were musical works, laut, the term of enpyright suull be fifty years from the making of the original plate from which the contrivance was directly or indirectly derived, and the person who was the owner of such original plate at the time when such plate was made shall be deemed to be the author of the work und, where such owner is a body corponite, the boy corno- rat shudl be deemed for the purposes of this Act to reside within the parts of His Majesty's dominions to which this Act extends it it has established a place of business within such ports.
(2) It shall not be deemed to be an infringement of copyright in any musical work for any person to make within the parts of His Majesty's dominions to which this Act extends records, perforate rolls, or other contrivances by means of which the work may he mechanically performed, if such person proves——
() that such contrivances have previously been made by, or with the consent or aequiesernce of, the owner of the copyright in the work; and
(b) that he has given the prescribed notice of his intention to make the contrivances, and has paid in the prescribed mugner to, or for the benefit of the owner of the copyright in the work royalties in respect of all such contrivances sold by him, calculated at the rate hereinafter mentioned:
Provided that---
(i) nothing in this provision shall authorise any alterations in, or omis. sions from, the work reproducel, unless contrivances reproducing the work sithject to similar alterations and omissions have been previously made by, or with the consent or acquiescence of, the owner of the copyright, or unless such alterations or omissions are reasonably necessary for the adaptation of the work to the contrivances in question; and
(i) for the purposes of this provision, a musical work shall be deerned to include any words so closely associated therewith us to form part of the same work, but shall not be deemed to include « con- trivance by means of which sounds may be mechanically repro- duced.
(3) The rate at which such royalties as aforesaid are to be calculated shall— (*) in the case of contrivances sold within two years after the cominen- cement of this Act by the person making the same, be two and one-half per cent; and
(b) in the case of contrivances sold as aforesaid after the expiration of
that period, five per cent.
on the ordinary retail selling price of the contrivance calculate in the prescribed manner, so however that the royalty payable in rapect of a contrivance shall, in no case, be less than a half-penny for each separate musical work in which copy- right subsists reproduced thereon, and, where the royalty calculated as aforesaid includes a fraction of a farthing, such fraction shall be reckoned as a farthing :
Provided that, if, at any time after the expiration of seven years from the commencement of this Act, it appears to the Board of Trade that much rate as aforesaid is no longer equitable, the Board of Trade may, ather holding a public inquiry, make an order either decreasing or increasing that rute to such extent as under the circumstances may seem just, but any order so made shall be provisional only and shall not have any effect unless and until confirmed by Parliament; but, where an order revising the rate has been so role and coufrroed, no further revision shall be made before the expiration of fourteen years from the date of the last revision.
(4) If any such contrivance is male repro lucing two or more different works in which copyright subsiste and the owners of the copyright therein are different persons, the same payable by way of royalties under this section shall be appor- fioned amongst the several owners of the copyright in such proportions us, failing agreement, may be determineel by arbitration.
Tray
(5) When any such contrivances by means of which a musical work be mechanically performed have been made, then, for the purposes of this section, the owner of the copyright in the work shall, in relation to any person who makes the prescribed inquiries, be deemed to have given his consent to the making of such contrivances if he fuls to reply to such inquiris within the prescribed time.
(6) For the purposes of this section, the Board of Trade may make regulations prescribing anything which under this section is to be prescribed, and prescribing the mode in which notices are to be given sad the particulars to be given in such notices, and the mode, time, and frequency of the payment of royalties, and any such regulations may, if the Board think fit, inclule regulations requiring pay- ment in advance or otherwise securing the payment of royalties.
(7) In the case of musicul works published before the commencement of this Act, the foregoing provisions shall have effect, subject to the following modifica- tions and additious :-
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