Page:Copyright Act 1978 from Government Gazette.djvu/5

GOVERNMENT GAZETTE, 30 JUNE 1978

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they act is willing to grant licenses of that description, and the charges, if any, and terms and conditions subject to which licences may be granted in those classes of cases, and includes anything in the nature of such a scheme, whether described as a scheme or as a tariff or by any other name; (xxi)

“licensing body”, in relation to―

such licences as are mentioned in paragraph (a) or (b) of the definition of “licence”, means a society or other organization which has as one of its objects the negotiation or granting of such licences, either as owner or prospective owner of copyright or as agent for the owners or prospective owners thereof;

such licence as is mentioned in paragraph (c) of the said definition, means any owner or prospective owner of copyright in sound recordings or any person or body of persons acting as agent for any owners or prospective owners of copyright in sound recordings in relation to the negotiation or granting of such licence; and

such licences as are mentioned in paragraph (d) of the said definition, means the Corporation or any organization appointed by it for negotiating or granting such licences; (xx)

“literary work” includes, irrespective of literary quality and in whatever mode or form expressed―

novels, stories and poetical works;

dramatic works, stage directions, cinematograph film scenarios and broadcasting scripts;

textbooks, treatises, histories, biographies, essays and articles;

encyclopaedias and dictionaries;

letters, reports and memoranda;

lectures, addresses and sermons; and

written tables and compilations; (xviii)

“Minister” means the Minister of Economic Affairs; (xxii)

“performance” includes any mode of visual or acoustic presentation of a work, including any such presentation by the operation of a loudspeaker, a radio, television or diffusion receiver or by the exhibition of a cinematograph film or by the use of a record or by any other means, and in relation to lectures, addresses, speeches and sermons, includes delivery thereof; and references to “perform” in relation to a work or an adaptation of a work shall be construed accordingly: Provided that “performance” shall not include broadcasting or rebroadcasting or transmitting a work in a diffusion service; (xxiv)

“photograph” means any product of photography or of any process analogous to photography, but does not include any part of a cinematograph film; (viii)

“plate” includes any stereotype, stone, block, mould, matrix, transfer, negative or other similar appliance; (xxvii)

“prescribed” means prescribed by or under this Act; (xlvi)

“programme”, in relation to programme-carrying signals, means a body of live or recorded material consisting of images or sounds or both, embodied in signals emitted for the purpose of ultimate distribution; (xxviii)

“prospective owner”, in relation to copyright, means a person who shall be entitled to the copyright, wholly or partially, in a work in which copyright does not yet subsist or whose entitlement to the copyright which does exist shall become effective upon a future event; (xxxviii)

“qualified person” means a qualified person within the meaning of section 3 (1); (vi)