Page:The copyright act, 1911, annotated.djvu/157

 Special Provisions as to certain Works. 1

no benefit from the extended term(o). On the other §24.

hand, if the work is a periodical, the proprietor's copy-

right is expressly stated in the schedule to be subject to any right of publishing the contribution in a separate form to which the author' is entitled at the commencement of the Act, or would if the Act had not been passed have become entitled under sect. 18 of the Copyright Act, 1842. The result of this seems to be that if the con- tributor has lawfullj^ published the work in separate form, or twenty-eight years from first publication has expired, before the new Act comes into operation, then the con- tributor will have a concurrent copyright in the contribu- tion for his life and fifty years. On the other hand, if the contributor has not, either by the lapse of twenty- eight years or separate publication, a subsisting copyright in his contribution at the date when the Act comes into operation, then it would seem that he derives no concur- rent copyright which he can enforce against third j)ersons, but has merely a statutory licence from the proprietor to publish separately at the end of the twenty-eight years.

��(o) In the case of contributions where copyright vests ab initio in the proprietor under sect. 18 there is no assignment of the right, or grant of any interest therein, so as to bring the case within proviso (a). The effect of the section is to vest the copyright in the proprietor as if he were the author.

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