206
Act of 1911.
THE COPYRIGHT ACT.
(b) that he has given the prescribed notice of his intention to make the contrivances, and has paid in the prescribed manner 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 omissions from, the work reproduced, unless contrivances reproducing the work subject 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
(ii) for the purposes of this provision, a musical work shall be deemed to include any words so closely associated therewith as to form part of the same work, but shall not be deemed to include a contrivance by means of which sounds may be mechanically reproduced.
(3) The rate at which such royalties as aforesaid are to be calculated shall—
(a) in the case of contrivances sold within 2 years after the commencement of this Act by the person making the same, be 2½ per cent.; and
(b) in the case of contrivances sold as aforesaid after the expiration of that period, 5 per cent.
on the ordinary retail selling price of the contrivance calculated in the prescribed manner, so however that the royalty payable in respect of a contrivance shall, in no case, be less than a halfpenny for each separate musical work in which copyright 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 7 years from the commencement of this Act, it appears to the Board of Trade that such rate as aforesaid is no longer equitable, the Board of Trade may, after holding a public inquiry, make an order either decreasing or increasing that rate 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 made and confirmed, no
206
Act of 1911.
THE COPYRIGHT ACT.
(b) that he has given the prescribed notice of his intention to make the contrivances, and has paid in the prescribed manner to, or for the benefit of, the owner of the copy- right in the work royalties in respect of all such con- trivances sold by him, calculated at the rate hereinafter mentioned:
Provided that--
(i) nothing in this provision shall authorise any alterations in, or omissions from, the work reproduced, unless contrivances reproducing the work subject to similar alterations and omissions have been previously made by, or with the con- sent 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
(ii) for the purposes of this provision, a musical work shall be deemed to include any words so closely associated there- with as to form part of the same work, but shall not be deemed to include a contrivance by means of which sounds may be mechanically reproduced.
(3) The rate at which such royalties as aforesaid are to be calculated shall
(a) in the case of contrivances sold within 2 years after the commencement of this Act by the person making the same, be 24 per cent. ; and
(6) in the case of contrivances sold as aforesaid after the
expiration of that period, 5 per cent.
on the ordinary retail selling price of the contrivance calculated in the prescribed manner, so however that the royalty payable in respect of a contrivance shall, in no case, be less than a halfpenny for each separate musical work in which copyright 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 7 years from the commencement of this Act, it appears to the Board of Trade that such rate as aforesaid is no longer equitable, the Board of Trade. may, after holding a public inquiry, make an order either decreasing or increasing that rate 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 made and confirmed, no
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