Clarification of transitional provisions relating to pre-1989 photographs
19. Any question arising, in relation to photographs which were existing works within the meaning of Schedule 1, as to who is to be regarded as the author for the purposes of—
(a)regulations 15 and 16 of the Duration of Copyright and Rights in Performances Regulations 1995(1) (duration of copyright: application of new provisions subject to general saving), or
(b)regulation 19(2)(b) of those regulations (ownership of revived copyright),
is to be determined in accordance with section 9 as in force on the commencement of those regulations (and not, by virtue of paragraph 10 of Schedule 1, in accordance with the law in force at the time when the work was made).
(1)
S.I. 1995/3297.