Page:Copyright Act 1987.pdf/178

178 Contributions to periodicals

244. Where—
 * (a) a work to which this Division applies (in this section referred to as “the relevant work”) consists of an essay, article or item forming part of, and first published in, a review, magazine or other periodical or work of a like nature; and
 * (b) immediately before the commencement of this Act, a right of publishing the relevant work in a separate form subsisted by virtue of the note to the First Schedule to the Copyright Act 1911,

copyright subsisting in the relevant work by virtue of this Act shall be subject to that right of publishing the relevant work in a separate form.

Assignments and licences

245.—(1) Without prejudice to the generality of section 237(1), where—
 * (a) the author of a work to which this Division applies had, before the commencement of the Copyright Act 1911, made an assignment or grant of a kind referred to in paragraph (a) of the proviso to section 24(1) of that Act (in this section referred to as “the proviso”); and
 * (b) copyright subsists in the work by virtue of this Act,

subsections (2), (3) and (4) shall have effect.

(2) If, before the commencement of this Act, an event occurred or a notice was given, being an event or notice that, in accordance with paragraph (a) of the proviso, had any operation affecting the ownership of the right conferred by the Copyright Act 1911 in relation to the work or creating, transferring or terminating an interest, right or licence in respect of that right, that event or notice shall have the like operation in relation to the copyright in the work under this Act.

(3) Any right that, at a time after the commencement of this Act, would, by virtue of paragraph (a) of the proviso, have been exercisable in relation to the work or in relation to the right conferred by the Copyright Act 1911, if this Act had not been