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Industrial and Commercial Property (Protection) (Amendment) Act, 1957

Amendment of section 154 of the Principal Act.

8.Section 154 of the Principal Act (which relates to copyright) as amended by section 10 of the Act of 1929, is hereby amended—

(a) by the substitution for paragraph (a) of subsection (2) of the following paragraph:

“(a) to produce, reproduce, perform or publish any translation of the work: provided that such right (save as regards the performance of translations of dramatic or musical works) shall, as regards translations into the Irish language, cease to exist at the expiration of the period of seven years from the first publication of the work or of the last instalment of the work in any country which is a party to the International Union for the Protection of Literary and Artistic Works, after the expiration of which period any Irish citizen may, under and in accordance with subsection (2A) of this section, obtain a licence to translate the work into the Irish language and to publish such translation unless within that period there shall have been published in the State by or with the authority of the owner of the copyright, a translation of the work into the Irish language: provided also that the Government may by order exclude from the operation of the foregoing proviso all or any class or classes of works the authors of which were at the date of the making of such works citizens of any country not a party to the said International Union which the Government shall think fit to specify in such order;”;

(b) by the insertion immediately after subsection (2) of the following subsections:

“(2A) Where, on application being made to him, the controller is satisfied that the applicant has requested, and been denied, permission by the owner of the copyright to make and publish a translation of a particular work into the Irish language or that, after due diligence, he was unable to find the owner, the controller may order the grant to the applicant of a non-exclusive licence for the purpose of paragraph (a) of subsection (2) of this section on such terms and subject to such conditions as the controller thinks fit.

(2B) An appeal shall lie from any decision of the controller under subsection (2A) of this section to the court.”