Page:The copyright act, 1911, annotated.djvu/156

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��Copyright Act, 1911.

��§ 24. of the author and his roproscntatives, subject

to the folloAving- limitations where he has assigned his original copyright: —

(i) The assignee has the right of compul- sory purchase of the extended term;

(ii) The assignee may continue to reproduce as theretofore if he pays royalties, or without paying royalties, in the case of a work which has been incorporated in a collective work.

(8) Inasmuch as published works in which coi^yright

subsists when the Act comes into operation will acquire an enlarged protection, proviso (b), it is necessary in the interests of persons who have invested capital or made contracts on the foot- ing that the making of derivative works, such as the dramatization of a novel, without the con- sent of the owner loi the copyright, was at the time perfectly legal. The case of records re- ceives special treatment under sect. 19.

(9) As regards questions of title in the case of works

in existence before the Act comes into force, all devolutions of title before that date must be determined in accordance with existing law, all devolutions of title after that date must be determined in accordance with the provisions of the Act.

In the case of collective works, published before the Act comes into operation, if the j)roprietor has acquired copyright in a contribution under sect. 18, he, under exist- ing law, enjoys the same rights as if he were the actual author thereof, except only that, in the case of periodical works, the right of j^ublishing in separate form reverts tQ the author twenty-eight years after publication. After the lapse of twenty-eight years, or earlier separate pub- lication with the proprietor's consent, there is a dual copy- right (w). It would seem that the result of this section is that, in the case of an encyclopaedia or other similar work which is collective, but not periodical, then the whole of the copyright under the new Act for the full term thereof goes to the proprietor, and that the author takes

��Application of section to con- tributions to collective works under .5 & 6 Vict. 0. 45, s. 18.

��(n) Vide ante, p. 57.

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