Page:Copyright Act 1987.pdf/168

168 : expiration of 30 years, after the date of the death of the author; and
 * (b) the person reproducing the work establishes—
 * (i) that, before the commencement of this Act, he gave the notice in writing of his intention to reproduce the work that was prescribed for the purposes of the proviso to section 3 of the Copyright Act 1911; and
 * (ii) that he has paid, in the manner that was prescribed for the purposes of that proviso, or is prescribed for the purposes of this section, as the case may be, to, or for the benefit of, the owner of the copyright royalties in respect of all copies of the work sold by him calculated at the rate of 10 per cent of the price at which he published the reproduction.

(2) The regulations may make provision for or in relation to the manner in which, and the times at which, payment of royalties is to be made for the purposes of paragraph (b)(ii) of subsection (1) and may include provision requiring payment in advance, or otherwise securing the payment of the royalties.

(3) A reference in paragraph (a) of subsection (1) to a time after the expiration of a specified number of years from the date of the death of the author of a work shall, in the case of a work of joint authorship, be read as a reference to a time after—
 * (a) the expiration of the same number of years from the date of the death of the author who died first; or
 * (b) the date of the death of the author who died last,

whichever is the later.

(4) Where a literary, dramatic or musical work, or an engraving, in which copyright subsisted at the date of the death of the author or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who died last—
 * (a) had not been published;
 * (b) in the case of a dramatic or musical work—had not been performed in public; and