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Authorial works first published before 10 April 1987 — no revival of copyright expiring before 10 April 1987
515.—(1) This section applies to an authorial work —(a) first published before 10 April 1987; but (b) made on or after 1 July 1912. (2) Division 2 of Part 3 does not confer any copyright on the work unless copyright subsisted in the work under the 1911 Act immediately before 10 April 1987.
Authorial works made before 10 April 1987 — modifications to section 109
516.—(1) In relation to an authorial work made before 10 April 1987, a reference in section 109 (copyright in unpublished authorial works) to a qualified individual includes a reference to —(a) a British subject; and (b) a person domiciled in a country to which the 1911 Act extended. (2) This section is subject to section 515.
Authorial works first published before 10 April 1987 — modifications to section 110
517.—(1) In relation to an authorial work first published before 10 April 1987 —(a) a reference to Singapore in section 110 (copyright in published authorial works) includes a reference to a country to which the 1911 Act extended; and (b) section 110(1)(a)(i) and (2)(b)(i) does not apply. (2) This section is subject to section 515.
Photographs taken before 10 April 1987 — who is the author
518. For the purposes of this Act, the author of a photograph taken before 10 April 1987 is the person who, when the photograph was taken, owned the material on which the photograph was taken.
Photographs taken before 10 April 1987 — duration of copyright
519.—(1) This section applies to a photograph taken before 10 April 1987. (2) Sections 114 and 115 (duration of copyright in authorial works) do not apply to the photograph. (3) Subject to any earlier expiration under section 110(1) as modified by sections 516 and 517, any copyright in the photograph by virtue of Division 2 of Part 3 expires 70 years after the end of the year in which the photograph was taken.
Artistic works made before 10 April 1987 — no copyright if work is registrable design
520. This Act does not confer any copyright on an artistic work made before 10 April 1987 if the work, when it was made —(a) was a design capable of being registered under the Patents and Designs Act 1907 of the United Kingdom (U.K. 1907, c. 29); and (b) was used, or intended to be used, as a model or pattern to be multiplied by an industrial process.
Sound recordings made or first published before 10 April 1987 — modifications to section 120
521. In relation to a sound recording made before 10 April 1987, a reference in section 120(a) (copyright in sound recordings) to a qualified individual includes a reference to —(a) a reference in section 120(a) (copyright in sound recordings) to a qualified individual includes a reference to —(i) a British subject; and (ii) a person domiciled in a country to which the 1911 Act extended; (b) despite section 120(b)(i), copyright does not subsist in the recording just because it was made in Singapore; and (c) for the purposes of section 120(b)(i), the recording is to be treated as first published in Singapore if it is first published in any country to which the 1911 Act extended.
Sound recordings made before 10 April 1987 — duration of copyright
522.—(1) This section applies where —(a) a sound recording was made before 10 April 1987; and (b) copyright subsists in a sound recording by virtue of section 120 (copyright in sound recordings) as modified by section 521. (2) Section 122 (duration of copyright in sound recordings) does not apply. (3) The copyright expires 70 years after the end of the year in which the recording was made.
Films made before 10 April 1987 — treatment
523.—(1) This section applies to a film that was made before 10 April 1987. (2) If the film is a dramatic work as defined by section 509(1) —(a) the film is to be treated as an original dramatic work for the purposes of this Act; and (b) the author of the film (as a dramatic work) is the person who would be the author of the film under the 1911 Act. (3) This Act applies to a photograph forming part of the film as it applies to a photograph that does not form part of a film.
Assignments and licences made before 10 April 1987 in relation to authorial works, sound recordings and films to have similar effect
524.—(1) This section applies where —(a) under this Act, copyright subsists in a work, being —(i) an authorial work; (ii) a sound recording; or (iii) a film; (b) a document was made, or an event occurred, before 10 April 1987; and (c) the document or event —(i) affected the ownership of the copyright in the work under the 1911 Act; (ii) created, transferred or terminated an interest, a right or a licence in the copyright in the work under the 1911 Act; or (iii) would have had the effect mentioned in sub‑paragraph (i) or (ii) if the 1911 Act had continued in force. (2) Subject to subsections (3) and (4) and section 525, the document or event has the same effect in relation to the copyright in the work under this Act. (3) If the effect of the document was or would have been limited to a period specified in the document, the document does not have any effect in relation to the copyright under this Act except insofar as the period extends after 10 April 1987. (4) In determining the effect of a document for the purposes of this section and section 525 —(a) an expression in the document has the meaning it had immediately before 10 April 1987 (whether or not it would have a different meaning under this Act or the 1987 Act); and (b) section 140 (assignment of future copyright) does not apply. (5) In this section, a reference to copyright in a work under the 1911 Act is to be read as —(a) in relation to a sound recording — a reference to copyright under that Act in records embodying the recording; and (b) in relation to a film — a reference to copyright under that Act in —(i) the film (insofar as it is a dramatic work for the purposes of that Act); or (ii) photographs forming part of the film.
Authorial works made before 10 April 1987 — copyright reverts to author’s estate 25 years after death
525.—(1) Subject to subsection (5), this section applies where —(a) an authorial work was made before 10 April 1987; and (b) the author was the first owner of the copyright in the work under this Act. (2) If —(a) the author assigned, or granted an interest in, the copyright; and (b) the assignment or grant —(i) was made at any time after 1 July 1912 and before 10 April 1987; (ii) was not by will; and (iii) would have effect in relation to the copyright by virtue of section 524, the assignment or grant does not give the assignee or grantee any rights beyond the expiry of 25 years after the death of the author. (3) On the author’s death, the reversionary interest in the copyright expectant on the expiry of 25 years after the death of the author devolves, despite any contrary agreement, to the legal personal representative of the author as part of the author’s estate. (4) Any agreement entered into by the author is void to the extent that it purports to dispose of the interest that devolves under subsection (3). (5) This section does not apply to —(a) the assignment of the copyright in a collective work; or (b) a licence to publish a work or a part of a work as part of a collective work. (6) This section does not limit section 524. (7) In this section, “collective work” means —(a) an encyclopaedia, a dictionary, a year book or a similar authorial work; (b) a newspaper, review, magazine or similar periodical; or (c) an authorial work written in distinct parts by different authors, or in which authorial works or parts of authorial works of different authors are incorporated.
Bequests by author who died before 10 April 1987
526.—(1) Subsection (2) applies where —(a) the author of an authorial work has died before 10 April 1987; (b) a person has acquired, under the author’s will, the ownership of a manuscript of the work; and (c) the work —(i) has not been published; (ii) in the case of a dramatic or musical work — has not been performed in public; and (iii) in the case of a lecture — has not been delivered in public. (2) Unless the contrary is proved, the person is presumed to own any copyright in the work. (3) 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.
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.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
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