Page:The copyright act, 1911, annotated.djvu/65

 Rights. 53

original was ordered shall be the first § 5 (l). owner of the copyright ; and (b) where the author was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the per- son by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright, but where the work is an article or other contribution to a newspaper, magazine, or similar period- ical, there shall, in the absence of any agreement to the contrary, be deemed to be reserved to the author a right to restrain the publication of the work, otherwise than as part of a newspaper, magazine, or similar periodical.

It is important to note that in ail cases statutory copy- Prima facie right vests at the moment any work which is the subject copyright of copyright is created. Unless the work is created under author, circumstances whicU bring the case under one of the ex- press exceptions contained in the Act, the ooj^yright vests in the author, and no other person can show a good title to sue, unless he can prove a written assignment from the author, or a transmission of the title by operation of law upon death or insolvency.

The exceptions to the rule that copyright vests in the Exceptions, author are: (1) Government publications, copyright in which vests in the Crown; (2) certain works executed on commission; (3) works executed in the course of em- ployment under a contract of service or apprenticeship; (4) records made before the commencement of the Act, copyright in which vests in the owner of the original plate at that date.

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