Page:Copyright Act 1987.pdf/176

176 :(b) a person has acquired, under the will of the author, the ownership of a manuscript of a work by the author; and
 * (c) the work—
 * (i) has not been published;
 * (ii) in the case of a dramatic or musical work—has not been performed in public; and
 * (iii) in the case of a lecture—has not been delivered in public,

the ownership by that person of the manuscript shall be evidence that that person is the owner of the copyright in the work.

(3) In subsection (1), expressions that are defined by section 205 shall have the meanings respectively given to those expressions by that section and shall not have the meanings, if any, respectively given to those expressions by Part II.

Existing computer programs

239.—(1) The Copyright Act 1911 shall apply to a computer program made before the commencement of this Act as it applies in relation to a literary work and shall so apply whether or not copyright would subsist in that program apart from this Act.

(2) Where, by virtue of subsection (1), copyright subsists under the Copyright Act 1911 in a computer program that was made before the commencement of this Act, nothing done in relation to the work before the commencement of this Act shall be taken to constitute an offence under the Copyright Act (Cap. 187) which is repealed by this Act or an infringement of that copyright.

(3) For the purposes of this section, a computer program the making of which extends over a period shall be deemed not to have been made before the commencement of this Act unless the making of it was completed before the commencement of this Act.