Page:The copyright act, 1911, annotated.djvu/63

 Rights. 51

Performing right in dramatic or musical piece— g o

(i) If unpublished and unperformed — In perpetuity

��(ii) If ])ublished but unperformed —Twenty-eight years existing law. from first publication, or for the life of the author.

(iii) If performed before the teiTa, if any, under (ii) has expired — Forty-two years from first public performance, or life of author and seven years.

4. If at any time after the death of the Compulsory author {m) of a literaiy (?z), dramatic (o), or musical work which has been published (/?) or performed in public (5') a complaint is made to the Judicial Committee of the Privy Council that the owner of the copyright in the work has refused to republish or to allow the republication of the work or has refused to allow the performance in public of the work, and that by reason of such refusal the work is withheld from the public, the owner of the copyright may be ordered to grant a licence to reproduce the work or perform the work in public, as the case may be, on such terms and subject to such conditions as the Judicial Committee may think tit.

This section reproduces sect. 5 of the Copyright Act, Scope of 1842. The right to apply to the Judicial Committee is the section. now extended so as to cover Avorks which have been publicly performed, although not published, and a licence to perform such works in public may be granted. Appa- rently, a licence may be granted to perform a work which has been published but not performed; but no licence may be granted to publish a work which has been j^erformed in public but not published.

It is doubtful how far the owner of the copyright may, Illusory

by charCTinff an extravao-ant price for copies or for admis- Publication or ' o o D 1 I periorniance.

(/«) Sect. 16 ri).

(w) Sect. 35 (1) ("Literary Work").

(o) Sect. 35 (1) (•' Dramatic Work").

( p) Sects. 1 (3), 35 (■?).

[q] Sects. 35 (1) ("Performance"), 35 (2).

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