Copyright and Related Rights Act 2000

F18[Transitional provisions relating to section 24(1A).

24A

24A.—(1) Subject to subsection (2), where, in relation to a musical composition with words referred to in section 24(1A)—

(a) the copyright in either the musical composition or the words had expired prior to 1 November 2013 and is revived by virtue of section 24(1A), or

(b) the copyright in the musical composition or the words did not expire before 1 November 2013 and is extended by virtue of section 24(1A),

the owner of the copyright as so revived or extended shall be the author, or, in the event that that person is deceased, his or her legal personal representative.

(2) Where, in the case of revived or extended copyright specified in subsection (1), a deed of assignment or other binding legal instrument transferring ownership in the copyright of the musical composition or the words expressly provided that, in the event of any revival or extension of the copyright being effected by or under any enactment, the copyright as so revived or extended would vest in the person to whom ownership in the copyright was transferred, the ownership of the copyright shall vest accordingly.

(3) Where, in relation to a musical composition with words referred to in section 24(1A), the copyright in either the musical composition or the words had expired prior to 1 November 2013 and was revived by virtue of section 24(1A) ("revived copyright")—

(a) a person who, before 1 November 2013, undertook the exploitation of such a work at a time when that work was not protected by copyright shall not be regarded as having infringed the revived copyright,

(b) a person who, before 1 November 2013, undertook the exploitation of such a work at a time when that work was not protected by copyright shall not infringe the revived copyright by continuing that exploitation of that work,

(c) a person who, before 1 November 2013, made preparations to exploit such a work at a time when that work was not protected by copyright shall not infringe the revived copyright by the exploitation which he or she undertakes of that work on foot of such preparations,

(d) a person who does anything in relation to a literary, dramatic or musical work or a film that contains a copy of such a work or is an adaptation of such a work, where the literary, dramatic or musical work or film—

(i) was made before commencement, or

(ii) was made on foot of preparations made before 1 November 2013,

shall not infringe the revived copyright in such a work if—

(I) the copy or adaptation of that work was made before 1 November 2013 at a time when that work was not protected by copyright, or

(II) the copy or adaptation of that work was made on foot of preparations made before 1 November 2013 at a time when that work was not protected by copyright, and

(e) a person who exploits such a work on or after 1 November 2013 shall not infringe revived copyright in that work if the exploitation is done at a time when, or is on foot of preparations made at a time when, the name and the address of a person entitled to authorise the exploitation cannot by reasonable inquiry be ascertained.

(4) It is not an infringement of any moral right conferred by Chapter 7 of Part II to do anything which by virtue of subsection (3) is not an infringement of copyright.]

Annotations

Amendments:

F18

Inserted (1.11.2013) by European Union (Term of Protection of Copyright and Certain Related Rights) (Directive 2011/77/EU) Regulations 2013 (S.I. No. 411 of 2013), reg. 3(b), in operation as per reg. 1(2).