Page:Copyright Act, 1956 (United Kingdom).djvu/57

  (4) The provisions of the Fifth Schedule to this Act shall have effect with respect to assignments and licences in respect of copyright (including future copyright) in television broadcasts.

(5) In this Act “future copyright” means copyright which will or may come into existence in respect of any future work or class of works or other subject-matter, or on the coming into operation of any provisions of this Act, or in any other future event, and “ prospective owner ” shall be construed accordingly and, in relation to any such copyright, includes a person prospectively entitled thereto by virtue of such an agreement as is mentioned in subsection (1), of this section.

38. Where under a bequest (whether specific or general) Copyright to a person is entitled, beneficially or otherwise, to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, Work. the bequest shall, unless a contrary intention is indicated in the testator's will or a codicil thereto, be construed as including. the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

39.—(1) In the case of every original literary, dramatic, as musical or artistic work made by or under the direction or control of Her Majesty or a Government department,— (a) if apart from this section copyright would not subsist in the work, copyright shall subsist therein by virtue of this subsection, and

(b) in any case, Her Majesty shall, subject to the provisions of this Part of this Act, be entitled to the copyright in the work. (2) Her Majesty shall, subject to the provisions of this Part of this Act, be entitled— (a) to the copyright in every original literary, dramatic or musical work first published in the United Kingdom, or in another country to which section two of this Act extends, if first published by or under the direction or control of Her Majesty or a Government department;

(b) to the copyright in every original artistic work first published in the United Kingdom, or in another country to which section three of this Act extends, if first published by or under such direction or control. (3) Copyright in a literary, dramatic or musical work, to which Her Majesty is entitled in accordance with either of the preceding subsections,— (a) where the work is unpublished, shall continue to subsist so long as the work remains unpublished, and 53