Page:The copyright act, 1911, annotated.djvu/154

 142 CoPYEiGHT Act, 1911.

§ 24(1). (b) where any person has, before the twenty-

sixth day of July nineteen hundred and ten, taken any action whereby lie has incurred any expenditure or liability in connexion with the repro- duction or performance of any work in a manner which at the time was lawful, or for the purpose of or with a view to the reproduction or per- formance of a work at a time when such reproduction or performance would, but for the passing of this Act, have been lawful, nothing in this section shall diminish or j^rejudice any rights or interest arising from or in connexion with such action which are subsisting and valuable at the said date, unless the person who by virtue of this section becomes entitled to restrain such reproduction or perform- ance agrees to pay such compensation as, failing agreement, may be deter- mined by arbitration.

(2) For the purposes of this section, the ex- pression "author" includes the legal personal representatives of a deceased author.

(3) Subject to the provisions of section nineteen sub-sections (7) and (8) and of section thirty-three of this Act, copyright shall not subsist in any work made before the commencement of this Act, otherwise than under, and in accordance with, the provisions of this section.

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