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In force2020 Revised Edition
Contents

Part 3 · Copyright in Works

136. First owner — Government and prescribed international organisations

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(1)

Despite subsections (3) and (4) and sections 133, 134 and 135, the Government is the first owner of —

(a)

any copyright in an unpublished authorial work made by or under the direction or control of the Government (including any copyright in the work after it is published);

(b)

any copyright in a published authorial work subsisting by virtue of section 110, if the work is first published by or under the direction or control of the Government;

(c)

any copyright in a published edition of an authorial work, if —

(i)

the edition is first published on or after 21 November 2021 by or under the direction or control of the Government; or

(ii)

the edition is first published before 21 November 2021 by or under the direction or control of the Government and copyright subsists in the edition only by virtue of section 117(1)(b)(ii); and

(d)

any copyright in a sound recording or film, if the recording or film is made or first published by or under the direction or control of the Government.

(2)

Subsection (1) is subject to any contrary intention in —

(a)

any written agreement made by the Government on or after 21 November 2021; or

(b)

any agreement made by the Government before 21 November 2021.

(3)

Despite sections 133, 134 and 135, if copyright subsists in the following works only by virtue of the work being made or first published by or under the direction or control of a prescribed international organisation, the organisation is the first owner of the copyright:

(a)

an unpublished authorial work;

(b)

a published authorial work;

(c)

a published edition of an authorial work;

(d)

a sound recording;

(e)

a film.

(4)

Subsection (3) is subject to any contrary intention in —

(a)

any written agreement made by the organisation on or after 21 November 2021; or

(b)

any agreement made by the organisation before 21 November 2021.

Report

Part 4

Protection of Performances

Part 5

Permitted Uses of Copyright Works and Protected Performances

Part 6

Remedies for and Border Enforcement Measures Against Rights Infringements

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

Transitional