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No revival or extension of copyright in authorial work, sound recording or film expiring before 21 November 2021
533.—(1) This section applies where, under the provisions of the 1987 Act in force immediately before 21 November 2021, the copyright in an authorial work, a sound recording or a film expired before that date. (2) Part 3 does not apply to revive or extend the copyright in the work.
Assignments and licences of copyright made on or after 10 April 1987 and before 21 November 2021 to have similar effect
534.—(1) This section applies where —(a) copyright subsists in a work under this Act; (b) a document was made, or an event occurred, on or after 10 April 1987 and before 21 November 2021; and (c) the document or event —(i) affected the ownership of the copyright in the work under the 1987 Act; (ii) granted, modified or ended a licence in the copyright in the work under the 1987 Act; or (iii) would have had the effect mentioned in sub‑paragraph (i) or (ii) if the 1987 Act had continued in force. (2) Subject to subsections (3) and (4), 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 21 November 2021. (4) In determining the effect of a document for the purposes of this section, an expression in the document has the meaning it had immediately before 21 November 2021 (whether or not it would have a different meaning under this Act).
Assignments of performers’ rights made before 21 November 2021 to have similar effect
535.—(1) This section applies where —(a) a performance is protected under this Act; (b) a document was made, or an event occurred, before 21 November 2021; and (c) the document or event —(i) affected the person who may bring an action for an unauthorised use of the performance under the 1987 Act; or (ii) would have had that effect if the 1987 Act had continued in force. (2) Subject to subsections (3) and (4), the document or event has the same effect in relation to the performance 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 performance under this Act unless the period extends after 21 November 2021. (4) In determining the effect of a document for the purposes of this section, an expression in the document has the meaning it had immediately before 21 November 2021 (whether or not it would have a different meaning under this Act).
Photographs taken on or after 10 April 1987 and before 21 November 2021 — who is the author
536. For the purposes of this Act, the author of a photograph taken on or after 10 April 1987 but before 21 November 2021 is the person who took the photograph.
Photographs taken on or after 10 April 1987 and before 21 November 2021 — presumptions relating to authorship
537.—(1) This section applies in —(a) an action for copyright infringement in respect of a photograph taken on or after 10 April 1987 but before 21 November 2021; and (b) an application for an access disabling order under section 325 in relation to that infringement. (2) A person (X) is presumed to have taken the photograph if it is proved that, when the photograph was taken, X owned the material on which the photograph was taken. (3) A person (Y) is presumed to have taken the photograph if —(a) it is not proved who owned the material on which the photograph was taken when it was taken; and (b) it is proved that, when the photograph was taken, Y owned the apparatus by which the photograph was taken. (4) A person (Z) is presumed to have taken the photograph if —(a) it is not proved —(i) who owned the material on which the photograph was taken when it was taken; and (ii) who owned the apparatus by which the photograph was taken when it was taken; and (b) it is proved that —(i) Z owned the photograph when Z died; or (ii) if it is not proved who owned the photograph when Z died — the photograph was in Z’s possession or custody when Z died. (5) Subsections (2), (3) and (4) do not apply if the contrary is proved.
Editions of authorial works published by Government before 21 November 2021 — no infringement of Government copyright
538.—(1) This section applies where copyright subsists in an edition of an authorial work published before 21 November 2021, but only by virtue of section 117(1)(b)(ii). (2) To avoid doubt, no act done before 21 November 2021 is an infringement of that copyright.
Deciding equitable remuneration payable under 1987 Act
539.—(1) This section applies where a person (X) is liable, under a provision of the 1987 Act, to pay equitable remuneration to another person (Y) of an amount to be —(a) agreed between X and Y; or (b) in default of agreement, to be decided by a Copyright Tribunal constituted under that Act. (2) For the purposes of X’s liability —(a) an agreement between X and Y may be made before, on or after 21 November 2021; and (b) in default of agreement, the amount of equitable remuneration payable by X is to be decided by a Copyright Tribunal constituted under this Act. (3) For the purposes of section 54(15)(b) of the 1987 Act, the relevant request in writing may be made before, on or after 21 November 2021.
Copyright Tribunals constituted under 1987 Act
540. A Copyright Tribunal constituted under the 1987 Act to hear and determine any matter is deemed to be constituted under Part 10 of this Act and may continue to hear and determine the matter.
Saving and transitional provisions
541.—(1) Any subsidiary legislation made under the 1987 Act and in force immediately before 21 November 2021 continues in force, so far as it is not inconsistent with the provisions of this Act, as if made under this Act until it is revoked by subsidiary legislation made under this Act. (2) For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.
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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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