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or under the directions or control of the Government or any Government department, the
copyright in the work shall, subject to any agreement with the author, belong to the Govern
ment, and in such case shall continue for a period of fifty years from the date of the first
publication of the work.
. Provisions as to mechanical instruments.
19.
(1) Copyright shall subsist in records, perforated rolls, and other contrivances by
means of which sounds may be mechanically reproduced, in like manner as if such contri
vances were musical works but the term of copyright shall be fifty years from the making
of the original plate from which the contrivance was directly or indirectly derived, and the
person who was the owner of such original plate at the time when such plate was made shall
be deemed to be the author of the work, and, where such owner is a body corporate the body
corporate shall be deemed for the purposes of this Act to resi-de within the parts of the
B-ritish Commonwealth to which the Custom Act, 1911, of the United Kingdom extends if it
has established a place of business within such parts.
(2) It shall not be deemed to be an infringement of copyright in any musical work
for any reason to make within the parts of the British Commonwealth to which that Act
extends records, perforated rolls, or oth.er contrivances by means of which the work may be
mechanically performed, if such person proves
(a) that such contrivances have previously been made by, or with the consent
or acquiescence of, the owner of the copyright in the work; and
(b) that he has given the prescribed notice of his intention to make the contri
vances, and has paid in the prescribed manner to, or for the benefit of, the
owner of the copyright in the work royalties in respect of all such contri
vances sold by him, calculated at the rate hereinafter mentioned:
Provided that
(i) nothing herein shall authorise any alterations in, or omissions
from, the work reproduced; unless contrivances reproducing the
work subject to similar alterations and omissions have been pre
viously made by; or with the consent or ac.quiescence of, the owner
of the copyright, or unless, such alterations or omissions are reason
ably necessary for the adaptation of the work to the contrivances
in question; and
(ii) for the purposes hereof; a musical work shall be .deemed to include
any words so closely associated therewith as to form part of the
same work, but shall not be deemed to include a contrivance by
means of which sounds may be mechanically reproduced.
(3) The rate at which such royalties as aforesaid are to be calculated shall ~
Ca) in the case of contrivances sold within two years after the commencement
of this Act by the person making the same, be two and one-balfper cent; and
(b) in the case of contrivances sold as aforesaid after the expiry of that period,
five per-cent
on the ordinary retail selling price of the contrivance calculated in the prescribed manner,
so however, that the royalty payable in respect of a contrivance shall, in DO case, be less than
half a cent foreach separate musical work in which copyright subsists reproduced thereon,