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and; where the royalty calculated as aforesaid includes a fraction of a quarter tent, such
fraction shall be reckoned as a quarter of a cent:
Provided that, if, at any time after the expiry of seven. years from the commencement
of this Act, it appears to the Minister that such rate as aforesaid is no longer equitable, he
may, after holding a public enquiry, make an order either decreasing OT increasing that rate,
to such extent as under the circumstances TI1ay se.em just, but any order so made shall be
provisional only and shall not have any effect unless and until confirmed by Parliament;
but, where an order revising the rate has been so made and confirmed, no further revision
shall be made before the expiration of fourteen years from the date of the last revision.
(4) If any such contrivance is made reproducing two or more different works in
which copyright subsists and the owners of the copyright therein are different persons, the
sums payable by way of royalties under this section shall be apportioned amongst the several
O\VTI:ers of the copyright in such proportions as; failing agreement, may be determined by
arbitration.
(5) When any such contrivances by means of which a musical work may be mechanic
ally performed have been made, then, for the purposes of this section, the owner of the copy
right in the work shall, in relation to any person who makes tbe prescribed enquiries, be
deemed to have given his consent to the making or such contrivances if he fails to reply to
such enquiries within the prescribed time.
(6) For the purposes of this section, the Minister may make regulations prescribing
anything which under this section is to be prescribed, and prescribing the mode in which
notices are to be given and the particulars to be given in such notices, and the m·ode, time,
and frequency of the payment of royalties, and an)' such regulations may, if he thinks fit,
include regulations requiring payment in advance or otherwise securing the payment of
royalties.
(7) In the case of musical works published before the commencement of this Act,
the foregoing provisions shall have effect, subject to the following modifications and addi
tions:
(a) the conditions as to the previous making by, or with the consent or acquie
scence of, the owner of the copyright in the work, and the restrictions as to
alterations in or omissions from the work, shall not apply;
(b) the rate of two and one-half per cent shall be substituted for the rate of five
per cent as the rate at which royalties are to be calculated, but no royalties
shall be payable in respect of contrivances sold before the first day of July,
1913, if contrivances reproducing the same work had been lawfully made,
or placed on sale, within the parts of the British Commonwealth to which
the Copyright Act, 1911 of the United Kingdom extends before the first
day of July, 1910;
(c) notwithstanding any assignment made before tile passing of this .~ct of the
copyright in a musical work, any rights conferred by this Act in respect of
the making, or authorising the making, of contrivances by means of which
the work may be mechanically performed shall belong to the author or his
executor and not to the assignee, and the royalties aforesaid shall be payable
to, and for the benefit of, the author of the work or his executor;
{d) the saving contained in this .Act of the rights and interests
in connection with, action taken before the commencement
not be construed as authorising any person who has made
means of which the work may be mechanically performed
arising from, or
of this Act shall
contri vances by
to sell any such