Page:The copyright act, 1911, annotated.djvu/139

 Special Provisions as to certain Works. 127

(ii) for the purposes of this provision, a musical § 19 (2) (ii). work shall be deemed to include any words so closely associated therewith as to form part of the same work, but shall not be deemed to include a con- trivance by means of which sounds may be mechanically reproduced. (3) The rate at which such ro}'alties as afore- said are to be calculated shall —

(a) in the case of contrivances sold within

two years after the commencement of this Act (x:) by the person making the same, be two and one-half per cent. ; and

(b) in the case of contrivances sold as aforesaid

after the expiration of that period, five

per cent, on the ordinary retail selling price ( y) of the con- trivance calculated in the prescribed manner, so however that the royalty payable in respect of a contrivance shall, in no case, be less than a half- penny for each separate musical work in which copyright subsists reproduced thereon, and where the royalty calculated as aforesaid includes a fraction of a farthing, such fraction shall be reckoned as a farthing :

Provided that, if, at any time after the expira- tion of seven years from the commencement of this Act, it appears to the Board of Trade that such rate as aforesaid is no longer equitable, the Board of Trade may, after holding a public inquiry, make an order either decreasing or increasing

{z) Sect. 37. (y) Cf. sect. 3.

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