S.I. No. 74/1930 - Copyright (Union of South Africa) Order, 1930.

STATUTORY RULES AND ORDERS. 1930. No. 74.

COPYRIGHT (UNION OF SOUTH AFRICA) ORDER, 1930.

WHEREAS it is enacted by section 175 of the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927), that the Governor-General may, by order made on the advice of the Executive Council, direct that Part VI. of that Act 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 thereupon, subject to the provisions of the said Part VI. of the said Act and of the 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 Union of South Africa:

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 WHEREAS the Berne Convention and the said amending Conventions are binding on the Union of South Africa:

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 Union of South Africa 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 Union of South Africa:

NOW I, JAMES McNEILL, Governor-General of the Irish Free State, on the advice of the Executive Council and in exercise of the powers conferred on me by the said section 175 of the Industrial and Commercial Property (Protection) Act, 1927 , and of every and any other power me in this behalf enabling, do hereby order and direct as follows, that is to say:—

1. This Order may be cited for all purposes as the Copyright (Union of South Africa) Order, 1930.

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 Union of South Africa 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 Union of South Africa 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 Union of South Africa in like manner as if such residence were residence within Saorstát Eireann.

JAMES MACNEILL,

GOVERNOR-GENERAL.

Dublin.

This 17th day of September, 1930.