Page:Copyright, Its History And Its Law (1912).djvu/603

 CANADIAN COPYRIGHT MEASURE 571

EXISTING WORKS

33. Where any person is, immediately before the com- Copyright mencement of this Act, entitled to any such right in any in existing work specified in the first column of the First Schedule to ^°'^^' ^°^ this Act, or to any interest in such a right, he shall as from rithts*"*^ that date be entitled to the substituted right set forth in the second column of that Schedule, or to the same interest in such a substituted right, and to no other right or interest, and such substituted right or interest therein shall subsist for the term for which it would have subsisted if this Act had been in force at the date when the work was made, and the work had been one entitled to copyright thereunder: Provided that — Proviso

(o) if the author of any work in which copyright sub- Rights of sists at the commencement of this Act has before that author date assigned the copyright or granted any interest therein for the whole term of the copyright, then at the date when but for the passing of this Act the right would have expired the corresponding right conferred by this Act shall, in the absence of express agreement, pass to the author of the work, and any interest therein created before the commencement of this Act and then subsisting shall determine; but the person who Rights of immediately before the date at which the right would assignee so have expired was the owner of the right or interest shall be entitled at his option (to be signified in writ- ing not more than one year nor less than six months before the last-mentioned date) either —

(i) to an assignment of the right or the grant of a Assignment similar interest therein for the remainder of the term *<"■ remain- of the right for such consideration as, failing agree- ^"^ ° *®"° ment, may be determined by arbitration; or,

(ii) without any such assignment or grant, to con- Reproduction tinue to reproduce or perform the work in like man- on payment ner as theretofore on the payment of such royalties to "' ^°^^ *'®* the author as, failing agreement, may be determined by arbitration :