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Copyright Act 1911

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FIRST SCHEDULEExisting Rights

Existing Eight.Substituted Eight.
(a) In the case of Works other than Dramatic and Musical Works.
CopyrightCopyright as defined by this Act.
(6) In the case of Musical and Dramatic Works.
Both copyright and performing rightCopyright as defined by this Act.
Copyright, but not performing rightCopyright as defined by this Act, except the sole right to perform the work or any substantial part thereof in public.
Performing right, but not copyrightThe sole right to perform the work in public, but none of the other rights comprised in copyright as defined by this Act.

For the purposes of this Schedule the following expressions, where used in the first column thereof, have the following meanings :—

  • " Copyright," in the case of a work which according to the law in force immediately before the commencement of this Act has not been published before that date and statutory copyright wherein depends on publication, includes the right at common law (if any) to restrain publication or other dealing with the work ;

  • " Performing right," in the case of a work which has not been performed in public before the commencement of this Act, includes the right at common law (if any) to restrain the performance thereof in public.

In the case of an essay, article, or portion forming part of and first published in a review, magazine, or other periodical or work of a like nature, the right shall be subject to any right of publishing the essay, article, or portion in a separate form to which the author is entitled at the commencement of this Act, or would, if this Act had not been passed, hare become entitled under section eighteen of the Copyright Act, 1842.

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