Cap 528 s 66 Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author (COPYRIGHT ORDINANCE)

Contents of Section

Chapter:	528	Title:	COPYRIGHT ORDINANCE	Gazette Number:
Section:	66	Heading:	Anonymous or pseudonymous works: acts permitted on assumptions as to expiry of copyright or death of author	Version Date:	30/06/1997

Miscellaneous: Literary, dramatic, musical and
artistic works

(1) Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when-

(a) it is not possible by reasonable inquiry to ascertain the identity of the author; and

(b) it is reasonable to assume-

(i) that copyright has expired; or

(ii) that the author died 50 years or more before the beginning of the calendar year in which the act is done or the arrangements are made.

(2) Subsection (1)(b)(ii) does not apply in relation to-

(a) a work in which Government copyright subsists; or

(b) a work in which copyright originally vested in an international organization by virtue of section 188 and in respect of which a regulation under that section specifies a copyright period longer than 50 years.

(3) In relation to a work of joint authorship-

(a) the reference in subsection (1) to its being not possible to ascertain the identity of the author is to be construed as a reference to its being not possible to ascertain the identity of all of the authors; and

(b) the reference in subsection (1)(b)(ii) to the author having died is to be construed as a reference to all the authors having died.

[cf. 1988 c. 48 s. 57 U.K.]