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Report No. 26

64. Copyright.-(1) Notwithstanding anything in this Act or in any other law, the author's manuscripts of and copyright in any work or any interest in such copyright assigned to a publisher, printer, firm or person becoming insolvent shall-

(a) if the work covered by such copyright has not been published and put on the market at the time of the insolvency and no expense has been incurred in connection therewith, thereupon revert and be delivered to the author or his heirs, and any contract between the author or his heirs and such insolvent shall then terminate and be void;

(b) if the work covered by such copyright has in whole or in part been put into type and expenses have been incurred by the insolvent, revert and be delivered to the author on payment of the expenses so incurred and the product of such expenses shall also be delivered to the author or his heirs and any contract between the author or his heirs and the insolvent shall then terminate and be void; but if the author does not exercise his rights under this clause within six months of the date of the insolvency, the Official Assignee may carry out the contract;

(c) if the Official Assignee at the expiration of six months from the date of the insolvency decides not to carry out the contract, revert without expense to the author and any contract between the author or his heirs and such insolvent shall then terminate and be void.

(2) Where, at the time of the insolvency the work was published and put on the market, the Official Assignee is entitled to sell, or authorise the sale or reproduction of, any copies of the published work, or to perform or authorise the performance of the said work, but there shall be paid to the author or his heirs such sums by way of royalties or share of the profits as would have been payable by the insolvent; and the Official Assignee is not, without the written consent of the author or his heirs, entitled to assign the copyright or transfer the interest or to grant any interest therein by licence or otherwise, except upon terms that will guarantee to the author or his heirs payment by way of royalties or share of the profits at a rate not less than that which such insolvent was liable to pay, any contract between the author or his heirs and such insolvent shall then terminate and be void, except as to the disposal, under this sub-section, of copies of the said work published and put on the market before the insolvency.

(3) The Official Assignee shall offer in writing to the author or his heirs the right to purchase the manufactured or marketable copies of the copyright work comprised in the estate of the insolvent at such price and upon such terms and conditions as the Official Assignee may deem fair and proper before disposing of such manufactured and marketable copies in the manner laid down in this section.

[New] (Cf. section 52, Canadian Act, See also section 60, English Act and section 110 Australian Act. As to "copyright", see sections 13-14, Copyright Act, 1957.]

Disclaimer of property and rescission of contracts



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