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

Copyright in publications of certain international organisations.

13.—(1) This section applies to the following organisations, namely, the United Nations and the organs thereof and the specialised agencies in relationship therewith, the Organisation of American States and any other international organisation specified in an order made under subsection (6) of this section.

(2) Where an original literary, dramatic, musical or artistic work is made by or under the direction or control of an organisation to which this section applies in such circumstances that—

(a) copyright would not subsist in the work apart from this subsection, but

(b) if the author of the work had been an Irish citizen at the time when it was made, copyright would have subsisted in the work immediately after it was made and would thereupon have vested in the organisation,

copyright shall subsist in the work as if the author had been an Irish citizen when it was made, that copyright shall continue to subsist so long as the work remains unpublished, and the organisation shall, subject to the provisions of Part VI of the Principal Act, as amended by the Act of 1929 and this Act, be entitled to that copyright.

(3) Where an original literary, dramatic, musical or artistic work is first published by or under the direction or control of an organisation to which this section applies in such circumstances that, apart from this subsection, copyright does not subsist in the work immediately after the first publication thereof, and either—

(a) the work is so published in pursuance of an agreement with the author which does not reserve to the author the copyright (if any) in the work, or

(b) the work was made in such circumstances that, if it had been first published within the State, the organisation would have been entitled to the copyright in the work,

copyright shall subsist in the work (or, if copyright in the work subsisted immediately before its first publication, shall continue to subsist) as if it had been first published within the State, that copyright shall subsist until the end of the period of fifty years from the end of the year in which the work was first published, and the organisation shall, subject to the provisions of Part VI of the Principal Act, as amended by the Act of 1929 and this Act, be entitled to that copyright.

(4) The provisions of Part VI of the Principal Act, as amended by the Act of 1929 and this Act, with the exception of those relating to the subsistence, duration or ownership of copyright, shall apply in relation to copyright subsisting by virtue of this section as they apply in relation to copyright subsisting by virtue of the said provisions.

(5) An organisation to which this section applies which otherwise has not, or at some material time otherwise had not, the legal capacities of a body corporate shall have, and shall be deemed at all material times to have had, the legal capacities of a body corporate for the purpose of holding, dealing with and enforcing copyright and in connection with all legal proceedings relating to copyright.

(6) The Government may, if they think fit, by order direct that the provisions of subsections (2), (3), (4) and (5) of this section shall apply to such international organisations as may be specified in the order.