Section 61
Section 61
(1)
Copyright in a literary, dramatic, musical or artistic work is not infringed by an act done at a time when, or under arrangements made at a time when –
(a)
it was not possible by reasonable inquiry to ascertain the identity of the author; and
(b)
it was reasonable to assume –
(i)
that copyright had expired; or
(ii)
that the author had died fifty years or more before the beginning of the year in which the act was done or the arrangements were made.
(2)
Sub-paragraph (ii) of paragraph (b) of subsection (1) does not apply to –
(a)
a work in which Government copyright subsists; or
(b)
a work in which copyright originally vested in an international organisation under section 172 and in respect of which an order under that section specifies a copyright period longer than fifty years.
Incorporating amendments until S 92/2013
(Clean copy) NORHASNANI /fiqah/Muslim as of 16th July 2020
50
BLUV as at 24th December 2013
(3)
In relation to a work of joint authorship –
(a)
the reference in subsection (1) to its being possible to ascertain the identity of the author shall be construed as a reference to its being possible to ascertain the identity of any of the authors; and
(b)
the reference in sub-paragraph (ii) of paragraph (b) of subsection (1) to the author having died shall be construed as a reference to all the authors having died.
Use of notes or recordings of spoken words in certain cases.