Page:Copyright Act 1987.pdf/154

154 (8) For the avoidance of doubt, it is hereby declared that section 12 of the Government Proceedings Act (which relates to infringements of industrial property by servants or agents of the Crown) shall apply to copyright under this Act (Cap. 21).

Use of copyright material for the service of the Government

198.—(1) The copyright in a literary, dramatic, musical or artistic work or a published edition of such a work, or in a sound recording, cinematograph film, television broadcast, sound broadcast or cable programme, is not infringed by the Government or by a person authorised in writing by the Government doing any acts comprised in the copyright if the acts are done for the service of the Government.

(2) Where the Government has made an agreement or arrangement with the government of some other country for the supply to that country of goods required for the defence of that country—
 * (a) the doing of any act in connection with the supply of those goods in pursuance of the agreement or arrangement; and
 * (b) the sale to any person of such of those goods as are not required for the purposes of the agreement or arrangement,

shall, for the purposes of subsection (1) be each deemed to be for the service of the Government.

(3) Authority may be given under subsection (1) before or after the acts in respect of which the authority is given have been done, and may be given to a person notwithstanding that he had a licence granted by, or binding on, the owner of the copyright to do the acts.

(4) Where an act comprised in a copyright has been done under subsection (1) the Government shall as soon as possible, unless it appears to the Government that it would be contrary to the public interest to do so, inform the owner of the copyright, as prescribed, of the doing of the act and shall furnish him with such information as to the doing of the act as he from time to time reasonably requires.

(5) Where an act comprised in a copyright has been done under subsection (1), the terms for the doing of the act are such terms as are whether before or after the act is done, agreed between the