2. The Copyright Act (Cap. 63) is amended —| (a) | by deleting the words “50 years” in the following provisions and substituting in each case the words “70 years”:| Sections 28(2), (3), (5) and (6), 29 (1), 78 (2), 92, 93 (1) and (2), 132(a), 185 (4)(b), 197 (3)(b), (4) and (4A), 212 and 219(4); |
| | (b) | by repealing Part VI; | | (c) | by deleting the words “A licence” in section 194(4) and substituting the words “Subject to subsection (4A), a licence”; | | (d) | by inserting, immediately after subsection (4) of section 194, the following subsection:| “(4A) A licence granted to the Government or any statutory board on or after the date of commencement of the Intellectual Property (Miscellaneous Amendments) Act 2004 in respect of any copyright by the person who, in relation to the matters to which the licence relates, is the owner of the copyright shall be binding upon every successor in title to his interest in the copyright.”; |
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| | (e) | by inserting, immediately after subsection (5) of section 194, the following subsection:| “(6) In this section, “statutory board” means any body corporate established by or under any written law to perform or discharge a public function.”; |
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| | (f) | by inserting, immediately after the words “Section 194(4)” in section 195(3), the words “and (4A)”; | | (g) | by deleting the words “50 calendar years” in the definition of “protection period” in section 246(1) and substituting the words “70 calendar years”; and | | (h) | by inserting, immediately after section 261, the following Part:“PART XIV | SAVINGS AND TRANSITIONAL PROVISIONS UNDER INTELLECTUAL PROPERTY (MISCELLANEOUS AMENDMENTS) ACT 2004 |
| Interpretation of this Part |
262. In this Part —| “appointed day” means the date of commencement of section 2(a), (b), (g) and (h) of the Intellectual Property (Miscellaneous Amendments) Act 2004; |
| “performance” has the same meaning as in section 246. |
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| Works published before appointed day |
263.—(1) Copyright shall not subsist by virtue of Part III in any work first published before the appointed day unless copyright subsisted in that work immediately before that day under that Part in force immediately before that day.| (2) Section 212 shall not apply in relation to any photograph first taken before 10th April 1987 unless copyright subsisted in that photograph immediately before the appointed day under Part III and that section in force immediately before that day. |
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| Other subject matter published before appointed day |
264.—(1) Copyright shall not subsist by virtue of Part IV in any sound recording or cinematograph film first published before the appointed day unless copyright subsisted in such recording or film immediately before that day under that Part in force immediately before that day.| (2) Section 219(4) shall not apply in relation to any sound recording made before 10th April 1987 unless copyright subsisted in that recording immediately before the appointed day under sections 87(1) or (3) and 219 (4) in force immediately before that day. |
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| Works and other subject matter published by international organisations before appointed day |
| 265. Copyright shall not subsist by virtue of section 185 in any work, sound recording or cinematograph film first published before the appointed day unless copyright subsisted in such work, recording or film immediately before that day under that section in force immediately before that day. |
| Works and other subject matter published by Government before appointed day |
266.—(1) Subject to subsections (2), (3) and (4), copyright shall not subsist by virtue of section 197 in any literary, dramatic or musical work, sound recording or cinematograph film first published or any artistic work made before the appointed day unless copyright in such work, recording or film subsisted immediately before that day under that section in force immediately before that day.| (2) Copyright shall not subsist by virtue of section 197 in any photograph taken before 10th April 1987 unless copyright subsisted in that photograph immediately before that day under that section, as modified by section 231, in force immediately before that day. |
| (3) Copyright shall not subsist by virtue of section 197 in any sound recording made before 10th April 1987 unless copyright subsisted in that recording immediately before the appointed day under that section, as modified by section 232, in force immediately before that day. |
| (4) Copyright shall not subsist by virtue of section 197 in any cinematograph film made before 10th April 1987 unless copyright subsisted in that film immediately before the appointed day under that section in force immediately before that day in accordance with section 233. |
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| Performances given before appointed day |
| 267. Part XII shall not apply to a performance given before the appointed day unless the period beginning on the day when the performance was given and ending on the appointed day is less than the protection period as defined in section 246(1) in force immediately before the appointed day. |
268.—(1) Where —| (a) | a person has, at any time before the appointed day, in good faith taken action whereby he has expended significant investment or incurred significant liability for the purpose of or with a view to the doing of any act in relation to a work, sound recording or cinematograph film (referred to in this subsection as the investor); and | | (b) | the doing of that act would have been lawful under the provisions of this Act in force immediately before that day at the time it is to be done, |
| nothing in this Act shall diminish or prejudice any right or interest arising from or in connection with that action that is subsisting and valuable immediately before that day, but the investor shall pay the person who has the exclusive right to do that act by virtue of this Act such amount by way of equitable remuneration as is agreed upon between them, or failing such agreement, as may be determined by the Copyright Tribunal on the application of either party. |
(2) Where —| (a) | a person has, at any time before the appointed day, in good faith taken action whereby he has expended significant investment or incurred significant liability for the purpose of or with a view to the doing of any act in relation to a performance (referred to in this subsection as the investor); and | | (b) | the doing of that act would have been lawful under the provisions of this Act in force immediately before that day at the time it is to be done, |
| nothing in this Act shall diminish or prejudice any right or interest arising from or in connection with that action that is subsisting and valuable immediately before that day, but the investor shall pay the performer of the performance such amount by way of equitable remuneration as is agreed upon between them, or failing such agreement, as may be determined by the Copyright Tribunal on the application of either party. |
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(3) In determining the amount of equitable remuneration payable under subsection (1) or (2), the Copyright Tribunal may take into consideration —| (a) | the amount of investment expended or extent of liability incurred by the investor referred to in that subsection; | | (b) | the effect of the doing of the act concerned by the investor upon the market of the person with the exclusive right to do the act or the performer, as the case may be; and | | (c) | any other relevant matter.”. |
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