12 -
Application of Ank to Britieb coralin
Ingislative
ותאונות
of ecif- governing Morainin
performance would, but for the passing of this Act, have been lawful, nothing in this section shall diminish or prejudico any rights or interest arising from or in connexion with such action which are subsisting and valuable at the said date, unless the person who by virtue of this section becomes entitled to restrain such reproduction or performance agrees to pay such compensation us, luiling agreement, uy be determined by arbitration." (2) For the purposes of this section, the expression "author legal personal representatives of a deceased author.
includes the
(3) Subject to the provisions of section nineteen sub-sactions (7) und (8) and of section thirty-three of this Act, copyright shall not su ist in spy work made before the commencement of this Act, otherwise than under, and in accordance with, the provisions of this section,
Application to British Poysessions.
25-(1) This Act, except such of the provisions thereof as are expessly restricted to the United Kingdom, shall extend throughout His Majesty's dominions: Provided that it shill out extend to a self-governing dominion, unless declared by the Legislature of that dominion to be la lorce therein either without any modifications or additions, or with such modifications and additions relating exclusively to procedure and remedies, or necessary to adapt this Act to the circumstances of the dominion, as may be enacted by such Legislature.
(2) If the Secretary of State certifies by tien published in the London Gazette that any self-governing dominion has passed legislation under which works, the authors whereof were at the date of the making of the works British subjects resident elsewhere than in the dominion or (not being British subjects) were resident in the parts of His Majesty's dominious to which this Act extends, enjoy within the dominion rights substantially identical with those conferrel bý this Act, then, whilst such legislation continues in force, the dominion shall, for the purposes of the rights conferred by this Act, be treated as if it were a dominion to which this Act extenla ; and it shall be lawful for the Secretary of State to give such a certificate as aforesaid, notwithstanding that the remedies for enforcing the rights, or the restrictious on the importation of cupies of works, munalactured in a foreign country, under the law of the dominion differ from those under this Aut.
28-(1) The Legislature of any self-governing dominion may, at agy time, repeal all or any of the cuncements relating to copyright passed by Parliament (including this Act) so for us they are operative within that dominion: Provided that no such repeal shall prejudicially affect any legal rights existing at the time of the repeat, and that, on this Act or any part thereof being so repealed by the Legislature of a self-governing dominion, that dominion shall cease to be a domijioa. ro which this Act extends.
(2) In any self-governing dominion to which this Act does not extend, the enactments repealed by this Act shall, so far as they are operative in that dominion, continue in force until repealed by the Legislature of that dominion.
(3) Where His Majesty in Council is satisfied that the law of a self-governing dominion to which this Act loca non extend provîles adequate protection within. the dominion for the works whether published or unpublishe!) of authors who at the time of the making of the work were British subjects resident elsewhere than in that dominion, His Majesty in Council may, for the purpose of giving reciprocat protection, direct that this Act, except such parts (if any) thereof ne may he specified in the Order, and subject to any conditions contained therein, sluil, within the parts of His Majesty's dominions to which this Act extends, apply to works the suburs whereof were, at the time of the making of the work, resident within the first-mentioned dominion, and to works first published in that dominion; but, save as provided by such an Order, works the authors whereof were resident in a dominion to which this Act does nor extend shall not, whether they are British subjects or not, be entitled to any protection under this Act except such protection as is by this Act conferred on works tirat published within the parts of His Majesty's dominions to which this Act extends
13.
Provided that no such Order shall confer any rights within a self-governing dominion, but the Governor in Council of any self-governing dominion to which this Act extends, may, by Order, confer within that dominion the like rights ga His Majesty in Council ia, mnr the foregoing provisions of this sobs.ction, anthorised to couler wishin other parts of His Majesty's d minions.
For the purposes of this sube-ction. the expression. Sa dominion to which this Aer exten-ls" includes a dominion which is for the purposes of this Act to be treate! ns if it were a dominion to which this Act exreul-,
27. The Legislature of any British possession to which this Act extends Power of may modify or add to any of the provisions of this Act in its application to the Legit possession, but, except so far as such modifications and wifitions relate to p of British procedure and remedies, they shall apply only to works the authors whereof were, a p at the time of the making of the work, resident in the possession, and to works spinlation. first published in the possession.
plemental
28. Ilis Majesty may, by Order in Council, extend this Act to any territories Application uarler his protection and to Cyprus, and, on the making of may auch: Order, this prote Act shall, subject to the provisions of the Or bar, have effect as if the territories to which it applies or Cyprus were part of His Majesty's dominions to which this
Aet extends.
PART 11.
INTERNATIONAL COPYRIGHT.
Iotabus.
extend & ck to Borsign warka.
29—1) His Majesty may, by Order in Council, direct that this Act (except two to Much purts,
if any, thereof as may be specified in the Onder) shall apply- () to works first published in a foreign country to which the Onder relates, in like manner as if they were first published within the purts of His Majesty's dominions to which this Act extemls ;
(b) to literary, dramacie, musical, and artistic works, or any class thereof, the authors whereof were at the time of the inaking of the work subjects or citizens of a loreign country to which the order relates, in like manner as if the authors were British subjects;
(c) in respect of residence in a foreign country to which the Order rekites, in like muur as if sucli residence were residence in the parts of His Majesty's dominions to which this Act extemia; and thereupon, subject to the provisions of this part of this act and of the Order, this Act eball sply accordingly :
Provided that
(i) before making an Oslor in Council under this section in respect of any for-ign country (other than a country with which His Majesty has entered into a convention relating to copyright), His Majesty shall be satisfied that that foreign curry has made, or has undertaken to make, such provisious, if any, as it appears to His Majesty expedient to require for the protection of works entitled to copyright, ander the provisions of Part I, of this Act;
(ii) the Order in Council may provide that the term of copyright within such parts of His Majesty's dominions as aforesaid shall not exceel that cooferrel by the low of the country to which the Order relates;
(iii) the provisions of this Act as to the delivery of enpies of books shall nut apply to works first published in such country, excupt so far as is provided by the Orler;
(iv) the Order in Council may provide that the enjoyment of the rights conferred by this Aet shall be subject to the accomplishment of such conditions and formalities (if any) as may be prescribed by the Order:
(v) in applying the provision of this Act as to ownership of copyright, the Order in Council may make such modifications as appear necessary having regard to the law of the foreign country;