Page:Copyright Act 2021.pdf/75

76

Copyright subsists only by virtue of this Act

106. Subject to section 5(1), copyright subsists only by virtue of this Act.

Copyrights to subsist independently

107.—(1) The subsistence or otherwise of copyright under any provision of this Part does not affect the subsistence or otherwise of copyright under any other provision of this Part.

(2) Without limiting subsection (1), the subsistence or otherwise of copyright in an authorial work does not affect the subsistence or otherwise of copyright in another work derived wholly or partly from the authorial work.

Nature of copyright

108.—(1) Where a copyright owner has the exclusive right to do an act—
 * (a) the right is a right to exclude others from doing that act (or authorising the doing of that act) without the authorisation of the copyright owner; and
 * (b) it is declared that the right is not a positive right of the copyright owner to do that act.

(2) To avoid doubt, where a copyright owner has the right to be paid equitable remuneration for the doing of an act, the right is not a positive right of the copyright owner to do that act.

Conditions for copyright to subsist in unpublished authorial works

109.—(1) Subject to the provisions of this Act, copyright subsists in an unpublished authorial work if—