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with the reproduction or performance of any work in a manner which at
the time was lawful, or for the purpose of or with a 'view to the reproduction
or performance of a work at a time when such reproduction or performance
would, but for the passing of this Act, have been lawful, nothing in this section
shall diminish or prejudice any rights or interest arising from at in connec
tion with such action which are subsisting and valuable at the said date,
unless the person who by virtue 'of this section becomes entitled to restrain
such reproduction or performance agrees to pay such compensation as,
failing agreement, may be determined by arbitration.
(2) For the purposes of this section, the expression "author" includes the executor
-of
a deceased author.
(3) Subject to the provisions of section 18(7) and (8) and of section 27, copyright
'shall not subsist ill any work made before the commencement of this Act, otherwise than
.under, and in accordance with, the provisions of this section.
PART
II
Il'\TTERNATIONAL COPYRIGHT
25. (1) The Minister may, by notice in the Gazette, direct that this Act (except such
.parts, if any, thereof as may be specified in the notice shall apply:
(a) to works first published in a foreign country to which the notice relates,
in like manner as if they were first published within the parts of the British
Commonwealth to which the Copyright Act, 1911 of the U.K. extends;
(b) to literary, dramatic, musical, and artistic works, or any class thereof, the
authors whereof were at the time of the making of the work subjects or
citizens of a foreign country to which the order relates, in like manner as
if the authors Vlere British subjects;
(c) in respect of residence in a foreign country to which the notice relates in
like manner as if such residence were residence in the parts of the British
Commonwealth to which that Act extends;
.and thereupon, subject to the provisions of this Part of this Act and of the notice, this Act
, shall apply accordingly:
Provided that
(i) before making a notice under this section in respect of any foreign
country (other than a country with which the Government has
entered into a convention relating to copyright), the Minister shall
be satisfied that that foreign country has made, or has undertaken
to make, such provisions, if any, as it appears to him expedient
to require for the protection of works entitled to copyright under
the provisions of Part I of this Act;
(ii) the notice may provide that the term of copyright within such parts
of the British Commonwealth as aforesaid shall not exceed that
conferred by the law of the country to which the notice relates;
(iii) the provisions of this Act as to the -delivery of copies of books
shall not apply to works first published in such country, except
so far as is provided by the notice;