8th Sch.
—cont.
assignment of the copyright in a collective work or a licence to publish a work or part of a work as part of a collective work.
7. S. 17 (2) of the Copyright Act, 1911 (referred to in paragraph 29 of Seventh Schedule):—
The ownership of an author's manuscript after his death, Where such ownership has been acquired under a testamentary disposition made by the author and the manuscript is of a work which has not been published nor performed in public nor delivered in public, shall be prima facie proof of the copyright being with the owner of the manuscript.
8. Note to First Schedule to the Copyright Act, 1911 (referred to in paragraph 37 of Seventh Schedule):—
In the case of an essay, article, or portion forming part of and first published in a review, magazine, or other periodical or work of a like nature, the right shall be -subject to any right of publishing the essay, article, or portion in a separate form to which the author is entitled at the commencement of this Act, or would, if this Act had not been passed, have become entitled under section eighteen of the Copyright Act, 1842.
9. Definitions in s. 35 (1) of the Copyright Act, 1911 (referred to in paragraphs 15, 43 and 47 of Seventh Schedule):—
"literary work” includes maps, charts, plans, tables, and compilations;
"dramatic work” includes any piece for recitation, choreographic work or entertainment in dumb show the scenic arrangement or acting form of which is fixed in writing or otherwise, and any cinematography production where the arrangement or acting form or the combination of incidents represented give the work an original character;
"performance” means any acoustic representation of a work and any visual representation of any dramatic action in a work, including such a representation made by means of any mechanical instrument;
"photograph” includes photo-lithograph and any Work produced by any process analogous to photography;
"collective work” means—
(b) a newspaper, review, magazine, or similar periodical; and
(c) any work written in distinct parts by different authors, or in which works or parts of works of different authors are incorporated;
"delivery” in relation to a lecture, includes delivery by means of any mechanical instrument;
"lecture” includes address, speech and sermon.
Note—In this Schedule “this Act” means the Copyright Act, 1911.
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