1909-HKRS29-1-1-4_Part01 — Page 27

Authenticated Laws 確真本香港法例 All

Provision as

to political speeches.

Provins as to photo- graphe.

10

(a) The conditions as to the previous making by, or with the consent or acquiescence of, the owner of the copyright in the work, and the restrictions as to alterations in or omissions from the work, shall not apply:

(b) The rate of two and one-half per cent, shall be substituted for the rate of five per cent, as the rate at which royalties are to be calentated, but no royalties shall be payable in respect of contri- rances sold before the first day of July, insteen hundred and thirteen, if contrivances reproducing the aane work had been lawfully mule, or placed on sale, within the parts of His Majesty's dominions to which this Act extends before the first day of July, nineteer hored nod ten:

(e) Notwithstanding any assignment maile before the passing of this Act of the copyright in a musical work, any rights conferred by this Act in respect of the making, or authorising the making, of contrivances by mess of which the work may be mechanically performed shall belong to the author or bis legal personal representatives and not to the nasignee, and the royalties aforesail shall be payable to, and for the benefit of the author of the work or his legal personal representatives:

(d) The enving contained in this Act of the rights and interests urising from, or in connexion with, action raken before the commencement of this Act shall not be construed as authorising uny person who has made contrivances by means of which the work may be mechnically performed to sell any such contrivances, whether made before or after the passing of this Act, except on the terms and subject to the conditions laid down in this section: (e) Where the work is a work on which copyright is conferred by

Order in Council relating to foreign country, the copyright so conferred shall not, except to such extent as may be provided by the Order, include any rights with respect to the making of records, perforated rolls, or other contrivances by means of which the work may be mechanically performed.

(8) Notwithstanding anything in this Act, where a record, perforated roll, or other contrivance by means of which sounds may be mechanically reproduced has been made before the commencement of this Act, pyeight shall, as from the commencement of this Act, subsist therein in like manner und for the like term as if this Act had been in force at the date of the making of the original plate from which the contrivance was directly or indirectly derived :

Provided that-

(i) the person whin, at the commencement of this Act, is the owner of such original plate shall be the first owner of such copyright ; and

(i) nothing in this provision shall be construed as contrring copyright in any such contrivance if the making thereof would have intringed copyright in some other such contrivance, if this provision had been in force at the tire of the making of the first-mentioned contrivance.

20. Notwithstanding anything in this Act, it shall not be an infringement of copyright in an address of a political nature delivered at a public meeting to publish a report thereof in a newspaper.

21. The term for which copyright shall subsist in photographs shall be fifty years from the making of the original negative from which the photograph was directly or indirectly derived, and the person who was owner of such negative at the tinie when such negative was made shall be deemed to be the author of the work, and, where such owner is a body corporate, the body corporate shall be dermed for the purposes of this Act to reside within the parts of His Majesty's druminions to which this Act extends if it has established a place of business within

such parts.

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reginden ble

22.-(1) This Act shall not apply to designa capable of being registered Provisions under the Patents and Designs Act, 1907, except designs which, though capable as to designs of being so registered, are not used or intended to be used as models or patterns under to be multiplied by any industrial process.

(8) General rules under section eighty-six of the Patents and Designs Act, 1907, may be made for determining the conditions under which a design shall be dermed to be næed for such purposes as aforesaid.

7 x1w, 7, L. 29.

foralgu

punta af Hig

23. It it appears to His Majesty that a foreign country does not give, ur hus Works of not undertaken to give, adequate protection to the works of British authors. it bors det shall be lawful for His Majesty by Onder in. Council to direct that such of the published in provisions of this Aut as confer copyright on works first pablished within the Majety's parts of His Majesty's dominions to which this Act extends, shall not apply to dista works published at the dire specifiest in the Order, the authors whereof are extends. subjects or citizens of such foreign country, and are not resident in His Majesty's dominions, and thereupwan those provisions shall not apply to such worka.

which Art

24.-(1) Wlove any person is inmediately before the commencement of this acting Act entitled to any such right in ang work as is specified in the first coluran of the works. First Schedule to this Act, or to any interest in euch a right, he shall, as from that date, be entitled to the substituted right set forth in the second column of that schedule, or to the same interest in such a substituted right, and to no other right or interest, and such subticutee right shall subsist for the term for which it would have subsisted it this Act had been in force at the date when the work was made and the work had been une entitled to copyright thereunder :

Provided that-

(a) if the auther of any work in which any such right as is specified in the first column of the First Schedule to this Act subsists at the conmencement of this Act has, before that date, assigned the right or granted any interest therein for the whole term of the right, then at the date when, but for the passing of this Act, the right would have expired the substituted right conferred by this section shail, in the absence of express agreement, pass to the author of the work, and any interest therein created before the colamencement of this Act and then subsisting shall determine; but the person who immediately before the date at which the right would so have expired was the owner of the right or interest shall be entitled at his option either-

·

(i) ou giving such notice as luereinafter mentioned, to en assignment of the right or the grant of a similar interest therein for the remainder of the term of the right for such consideration as, failing agreement, may be determined by arbitration; or

(ii) without any such assignment or grant, to continue to reproduce or perform the work in like manner as theretofore sub- ject to the payment, if demanded by the author within three years after the date at which the right would have an expires, of such royalties to the authur as, failing agreement, muy be determined by arbitration, or, where the work is incorporated in a collective work and the owner of the right or interest is the proprietor of that collective work, without any such payment;

The notice above referred to must be given not more than one year nor less than six months before the date at which the right would have so expired, and must be sour by registered post to the author, or,

if he cannot with reasonable dilig nee be founil, adver tised in the London Gazette and in two London newspapers.

(6) where any person has, before the twenty-sixth day of July nineteen bundred and en, raken any action whereby he has incurred any expenditure or liability in connexion with the reproduction or performance of uny work in a manner which at the time was law- ful, or for the purpose of or with a view to the reproduction or performance of a work at a time when such reproduction or

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