§ 527 — Reproduction of authorial work published before 10 April 1987 upon payment of royalties

527.—(1) It is a permitted use for a person (X) to make a copy of an authorial work for sale if —(a)

the work was published before 10 April 1987;

(b)

the copy was made after the relevant date;

(c)

before 10 April 1987, X gave the written notice, as prescribed for the purposes of the proviso to section 3 of the 1911 Act, of X’s intention to reproduce the work; and

(d)

X has paid to or for the benefit of the copyright owner royalties —(i)

in respect of all the copies sold by X;

(ii)

calculated at the rate of 10% of the price at which X published the reproduction; and

(iii)

in the manner prescribed for the purposes of the proviso to section 3 of the 1911 Act or for the purposes of this section.

(2) The relevant date for the purposes of subsection (1)(b) is as follows:(a)

in the case of a work in which copyright subsisted on 1 July 1912 —(i)

if the work is a work of joint authorship, the later of the following dates:(A)

the date falling 30 years after the death of the joint author who died first;

(B)

the date of the death of the joint author who died last; and

(ii)

if not — 30 years after the death of the author;

(b)

in any other case —(i)

if the work is a work of joint authorship, the later of the following dates:(A)

the date falling 25 years after the death of the joint author who died first;

(B)

the date of the death of the joint author who died last; and

(ii)

if not — 25 years after the death of the author.

(3) If —(a)

copyright subsists in a literary, dramatic or musical work or an engraving at the date of the death of the author (or the death of the joint author of the work who died last); and

(b)

when the author (or joint author) died —(i)

the work or engraving had not been published;

(ii)

in the case of a dramatic or musical work — the work had not been performed in public; and

(iii)

in the case of a lecture — the lecture had not been delivered in public,

the author (or joint author) is deemed to have died, for the purposes of this section, on the date on which —

(c)

in the case of a literary work (other than a lecture) or an engraving — the work was first published;

(d)

in the case of a dramatic or musical work — the work was first published or first performed in public, whichever first happened; or

(e)

in the case of a lecture — the lecture was first published or first delivered in public, whichever first happened.

(4) Regulations may —(a)

provide for the manner in which, and the times at which, royalties are to be paid for the purposes of subsection (1)(d); and

(b)

include provision requiring payment in advance, or otherwise securing the payment of those royalties.

(5) In this section, an expression that is defined by section 509 has the meaning given to it by that section and not the meaning, if any, given to it by Part 2.

—(1) It is a permitted use for a person (X) to make a copy of an authorial work for sale if —(a)

the work was published before 10 April 1987;

(b)

the copy was made after the relevant date;

(c)

before 10 April 1987, X gave the written notice, as prescribed for the purposes of the proviso to section 3 of the 1911 Act, of X’s intention to reproduce the work; and

(d)

X has paid to or for the benefit of the copyright owner royalties —(i)

in respect of all the copies sold by X;

(ii)

calculated at the rate of 10% of the price at which X published the reproduction; and

(iii)

in the manner prescribed for the purposes of the proviso to section 3 of the 1911 Act or for the purposes of this section.

(2) The relevant date for the purposes of subsection (1)(b) is as follows:(a)

in the case of a work in which copyright subsisted on 1 July 1912 —(i)

if the work is a work of joint authorship, the later of the following dates:(A)

the date falling 30 years after the death of the joint author who died first;

(B)

the date of the death of the joint author who died last; and

(ii)

if not — 30 years after the death of the author;

(b)

in any other case —(i)

if the work is a work of joint authorship, the later of the following dates:(A)

the date falling 25 years after the death of the joint author who died first;

(B)

the date of the death of the joint author who died last; and

(ii)

if not — 25 years after the death of the author.

(3) If —(a)

copyright subsists in a literary, dramatic or musical work or an engraving at the date of the death of the author (or the death of the joint author of the work who died last); and

(b)

when the author (or joint author) died —(i)

the work or engraving had not been published;

(ii)

in the case of a dramatic or musical work — the work had not been performed in public; and

(iii)

in the case of a lecture — the lecture had not been delivered in public,

the author (or joint author) is deemed to have died, for the purposes of this section, on the date on which —

(c)

in the case of a literary work (other than a lecture) or an engraving — the work was first published;

(d)

in the case of a dramatic or musical work — the work was first published or first performed in public, whichever first happened; or

(e)

in the case of a lecture — the lecture was first published or first delivered in public, whichever first happened.

(4) Regulations may —(a)

provide for the manner in which, and the times at which, royalties are to be paid for the purposes of subsection (1)(d); and

(b)

include provision requiring payment in advance, or otherwise securing the payment of those royalties.

(5) In this section, an expression that is defined by section 509 has the meaning given to it by that section and not the meaning, if any, given to it by Part 2.