S.I. No. 272/1937 - Copyright (Commonwealth of Australia) Order, 1937.

STATUTORY RULES AND ORDERS. 1937. No. 272.

COPYRIGHT (COMMONWEALTH OF AUSTRALIA) ORDER, 1937.

WHEREAS by virtue of the joint operation of Section 175 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), and of Section 2 of the Executive Powers (Consequential Provisions) Act, 1937 (No. 20 of 1937), it is provided that the Executive Council may by order direct that Part VI of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), shall apply—

(a) to works first published in a British dominion to which the order relates, in like manner as if they were first published within Saorstát Eireann,

(b) to literary, dramatic, musical and artistic works, the authors whereof were at the time of making the work subjects or citizens of a British dominion to which the order relates in like manner as if the authors were citizens of Saorstát Eireann,

(c) in respect of residence in a British dominion to which the order relates, in like manner as if such residence were residence within Saorstát Eireann,

and that upon the making of such order, subject to the provisions of the said Part VI of the said Act and of such order, the said Act shall apply accordingly:

AND WHEREAS it is provided by Section 3 of the said Act that in that Act the expression " British dominion " includes the Commonwealth of Australia:

AND WHEREAS an International Convention (hereinafter called the Berne Convention) with respect to the protection to be given by way of copyright to the authors of literary and artistic works was signed at Berne on the 9th day of September, 1886:

AND WHEREAS the Berne Convention was amended by an International Convention signed at Paris on the 4th day of May, 1896, and was further amended by an International Convention signed at Berlin on the 13th day of November, 1908, and by an International Convention signed at Rome on the 2nd June, 1928:

AND WHEREAS the Berne Convention and the said amending Conventions are binding on the Commonwealth of Australia:

AND WHEREAS Saorstát Eireann has acceded to the Berne Convention and the said amending Conventions:

AND WHEREAS Part VI of the said Industrial and Commercial Property (Protection) Act, 1927 , was amended in divers respects by the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 (No. 13 of 1929):

AND WHEREAS with a view to the performance in relation to the Commonwealth of Australia of the obligations imposed on Saorstát Eireann by the Berne Convention and the said amending Conventions it is expedient that Part VI of the Industrial and Commercial Property (Protection) Act, 1927 , as amended by the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 , should be applied to the said Commonwealth of Australia:

NOW, the Executive Council, in exercise of the powers conferred on them by the joint operation of Section 175 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by Section 11 of the Industrial and Commercial Property Protection) (Amendment) Act, 1929 (No. 13 of 1929), and of Section 2 of the Executive Powers (Consequential Provisions) Act, 1937 (No. 20 of 1937), and of every and any other power them in this behalf enabling, do hereby order as follows:—

1. This Order may be cited as the Copyright (Commonwealth of Australia) Order, 1937.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. Part VI of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), as amended by the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 (No. 13 of 1929), shall apply—

(a) to works first published after the 6th day of December, 1921 (whether before or after the date of this Order) in the Commonwealth of Australia in like manner as if such works were first published after the said date in Saorstát Eireann;

(b) to literary, dramatic, musical and artistic works made after the 6th day of December, 1921 (whether before or after the date of this Order), the authors whereof were at the time of the making of the work subjects or citizens of the Commonwealth of Australia in like manner as if such authors were at such time citizens of Saorstát Eireann;

(c) in respect of residence after the 6th day of December, 1921 (whether before or after the date of this Order) in the Commonwealth of Australia in like manner as if such residence were residence within Saorstát Eireann.

DUBLIN.

This 15th day of October, 1937.