Page:Copyright, Its History And Its Law (1912).djvu/553

 BRITISH COPYRIGHT ACT, 191 1 521

4. If at any time after the death of the author of a Compulsory literary, dramatic, or musical work which has been pub- licences lished or performed in public a complaint is made to the Judicial Committee of the Privy Council that the owner

of the copyright in the work has refused to republish or to allow the republication of the work or has refused to allow the performance in public of the work, and that by reason of such refusal the work is withheld from the public, the owner of the copyright may be ordered to grant a licence to reproduce the work or perform the work in public, as the case may be, on such terms and subject to such conditions as the Judicial Committee may think fit.

5. — (i) Subject to the provisions of this Act, the au- Ownership thor of a work shall be the first owner of the copyright °f copyright, therein :

Provided that —

(o) where, in the case of an engraving, photograph, or portrait, the plate or other original was ordered by some other person and was made for valuable consid- eration in pursuance of that order, then, in the ab- sence of any agreement to the contrary, the person by whom such plate or other original was ordered shall be the first owner of the copyright; and

(b) where the author was in the employment of some other person under a contract of service or apprentice- ship and the work was made in the course of his em- ployment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine, or similar periodical, there shall, in the absence of any agree- ment to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine, or similar periodical.

(2) The owner of the copyright in any work may assign the right, either wholly or partially, and either generally or subject to Umitations to the United Kingdom or any self-