any unauthorised publication or the doing of any other unauthorised act shall be disregarded.
(7) Subject to section 49, a publication or other act shall, for the purposes of subsection (6), be taken to have been unauthorised if, but only if—
- (a) copyright subsisted in the work or other subject-matter and the act concerned was done otherwise than by, or with the licence of, the owner of the copyright; or
- (b) copyright did not subsist in the work or other subject-matter and the act concerned was done otherwise than by, or with the licence of—
- (i) the author or, in the case of a sound recording, cinematograph film or edition of a work, the maker or publisher, as the case may be; or
- (ii) persons lawfully claiming under the author, maker or publisher.
(8) Nothing in subsections (6) and (7) shall affect any provision of this Act relating to the acts comprised in a copyright or to acts constituting infringements of copyrights or any of the provisions of Part IX.
Ownership of copyright for particular purposes
25.—(1) In the case of a copyright of which (whether as a result of a partial assignment or otherwise) different persons are the owners in respect of its application to—
- (a) the doing of different acts or classes of acts; or
- (b) the doing of one or more acts or classes of acts in different countries or at different times,
the owner of the copyright, for any purpose of this Act, shall be deemed to be the person who is the owner of the copyright in respect of its application to the doing of the particular act or class of acts, or to the doing of the particular act or class of acts in the particular country or at the particular time, as the case may be, that is relevant to that purpose, and a reference in this Act to the prospective owner of a
