Page:The copyright act, 1911, annotated.djvu/133

 Special Provisions as to certain Works. 121

or musical work, or an engraving' (?^), in which §17(1).

copyright subsists (?<) at the date of the death of

the author (:^') or, in the case of a work of joint

authorship (?y). at or immediately before the date

of the death of the author who dies last, but which

has not been published (.?), nor, in the case of

a dramatic or musical work, been performed (a)

in public (b), nor, in the case of a lecture (c), been

delivered (d) in public, before that date, copyright

shall subsist till publication, or performance or

delivery in public, whichever may first happen,

and for a term of fifty years thereafter, and the

proviso to section three of this Act shall, in the

case of such a work, apply as if the author had

died at the date of such publication or j^erform-

ance or delivery in pubbc as aforesaid.

(2) The ownership of an author's manuscript after his death, where such ownership has been acquired under a testamentary disposition made by the author and the manuscript is of a work which has not been published nor performed in public nor delivered in public, shall be prima facie proof of the copyright being with the owner of the manuscript.

It will be observed that artistic works, other than en- Uupublished fi'ravine's, do not come within the operation of this section. <irawings, It follows that all copyright in drawings and paint- &c., not

{ Sect. 35 (Ij ("Engraving").

(m) Sect 1.

(.1-) SectP. 19 (1), 21.

(y) Sect. 16.

(z) Sects. 1 (3), 35 (2).

(«) Sects. 35 (1) ("Performance"), 35 (2).

{//) Ante, p. 16.

(«) Sect. 35 (1) ("Lecture").

yd) Sect. 35 (1) ("Delivery").

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