(d)
Except as expressly provided I this sub-section, this section shall have no
applicability to work other than those specified in sub-section (b)
(I)
Owners of copyright in non-dramatic literary works and public
broadcasting entities may during the course of voluntary
negotiations, agree among themselves, respectively, as to the terms
and rates of royalty payments without liability under the anti-trust
laws; Any such terms and rates of payment shall be effective upon
filing in the Copyright Office, in accordance with regulations that the
Director General of Copyright shall prescribe.
(e)
Nothing in this section shall be construed to permit, beyond the limits of fair use as
prov ided by section 2.7 the unauthorized dramatization of a non-dramatic musical
work, the production of a transmission program drawn to any substantial extent from
a published compilation of pictorial, graphic, or sculptural works, or the unauthorized
use of any portion of an audiovisual work.
(f)
As used in this section, the term "public broadcasting entity" means a non
commercial educational broadcast station and any non-profit institution or
organization engaged in the activities described in clause (2) of sub-section (c).
SECTION:
2.20
DURATION OF COPYRIGHT IN LITERARY,
DRAMATIC-MUSICAL AND ARTISTIC WORK
The author of a work copyright under section 2.6 of this Chapter, his representatives, heirs or
assign shall have the exclusive rights within this Republic for the protection of such rights
during his life and for fifty years after his death.
(I)
In the case of a work of joint authorship, the right referred to in Section 2.6 shall be
protected during the life of the last surviving author and for a period of fifty years
after his death.
(2)
In the case of work published anonymously or under a pseudonym, the rights referred
to in Section 2.6 shall be protected for fifty years from the date on which such work
was first published; provided that where, before the expiration of the said period, the
author's identity is revealed or is no longer a doubt, the provisions of sub-section (I)
or see section 2.20 above, shall apply, as the case may be. In the case that the work
is not published before 50 years after its creation, it shall be protected for a period of
fifty years from the date of its creation.
(3)
In the case of a cinematographic or other audiovisual work, the rights referred to in
Section 2.6 shall be protected until the expiration of a period of fifty years from the
publication of the work or, if the work has not been published before fifty years from
its making.
(4)
After a period of at least seventy-five years from the first publication of a work, and
one hundred years after its creation, whichever expires first, any person who obtains
from the Copyright Board a certificate report that the records provided by the
Copyright Office disclose nothing to indicate that the author of the work is living, or
died after fifty years, is entitled to the benefit of a presumption that the author has
been dead for at least fifty years. Reliance in good faith upon this presumption shall
be complete defense at any action for infringement under this Chapter.
26
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