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Copyright in literary, dramatic and musical works.
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8.—(1) Copyright shall, subject to the provisions of this Act, subsist in every original literary, dramatic or musical work which is unpublished and of which the author was a qualified person—
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(a) at the time at which the work was made, or
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(b) where the making of the work extended over a period, for a substantial part of that period.
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(2) Copyright shall, subject to the provisions of this Act, subsist in every original literary, dramatic or musical work which is published if—
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(a) the work was first published within the State, or
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(b) the author of the work was a qualified person at the time when the work was first published, or
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(c) the author had died before that time but was a qualified person immediately before his death.
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(3) Where copyright subsisted in an original literary, dramatic or musical work immediately before its first publication, the copyright shall continue to subsist in that work after the first publication if, but only if, that publication complies with the provisions of the immediately preceding subsection of this section relating to copyright in a published work.
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(4) The term of copyright subsisting in a work under this section shall, subject to the provisions of subsection (5) of this section, be the lifetime of the author of the work and a period of fifty years from the end of the year in which the author died.
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(5) (a) If before the death of the author none of the following acts had been done—
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(i) the publication of the work,
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(ii) the performance of the work in public,
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(iii) the offer for sale to the public of records of the work, and
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(iv) the broadcasting of the work,
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the copyright shall continue to subsist for a period of fifty years from the end of the year during which the first of those acts to be done is done.
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(b) In paragraph (a) of this subsection, references to the doing of any act in relation to a work include references to the doing of that act in relation to an adaptation of that work.
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(6) The acts restricted by the copyright in a literary, dramatic or musical work are—
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(a) reproducing the work in any material form,
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(b) publishing the work,
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(c) performing the work in public,
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(d) broadcasting the work,
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(e) causing the work to be transmitted to subscribers to a diffusion service,
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(f) making any adaptation of the work,
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(g) doing in relation to an adaptation of the work any of the acts mentioned in paragraphs (a) to (e) of this subsection.
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(7) In this Act “adaptation”—
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(a) in relation to a literary or dramatic work, means any of the following—
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(i) in the case of a non-dramatic work, a version of the work, whether in its original language or a different language, in which it is converted into a dramatic work;
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(ii) in the case of a dramatic work, a version of the work, whether in its original language or a different language, in which it is converted into a non-dramatic work;
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(iii) a translation of the work;
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(iv) a version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; and
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(b) in relation to a musical work, means an arrangement or transcription of the work.
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(8) The mention of any matter in the definition of “adaptation” in subsection (7) of this section shall not affect the generality of paragraph (a) of subsection (6) of this section.
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