Page:Copyright Act 1987.pdf/69

Rh :(e) the like notice was given to the owner of the copyright in the literary or dramatic work as is required by paragraph (b) of section 56(1) to be given to the owner of the copyright (if any) in the musical work and there is paid to the owner of the copyright in the literary or dramatic work such amount (if any) as is ascertained in accordance with this section, the making of the record shall not constitute an infringement of the copyright in the literary or dramatic work.

(2) Where copyright does not subsist in the musical work, the amount to be paid in respect of the literary or dramatic work is an amount equal to the royalty that, but for this section, would have been payable in respect of the musical work if copyright had subsisted in the musical work.

(3) Where copyright subsists in the musical work as well as in the literary or dramatic work—
 * (a) if the copyrights in those works are owned by the same person—an amount is not payable in respect of the literary or dramatic work; or
 * (b) if the copyrights in those works are owned by different persons—the royalty that, but for this section, would have been payable in respect of the musical work shall be apportioned between them in such manner as they agree, or, in default of the agreement, as is determined by the Copyright Tribunal on the application of either of them.

(4) Where the owner of the copyright in a musical work and the owner of the copyright in a literary or dramatic work do not agree on the manner in which an amount is to be apportioned between them but the person who made the record gives an undertaking in writing to each owner to pay to him the portion of that amount that the Tribunal determines to be payable to him, then—
 * (a) paragraph (d) of section 56(1) and paragraph (e) of subsection (1) shall have effect as if the payments referred to in those paragraphs had been made; and
 * (b) the person who made the record shall be liable, when the amount to which an undertaking relates is determined, to pay