S.I. No. 50/1959 - Copyright (Foreign Countries) Order, 1959.

S.I. No. 50 of 1959.

COPYRIGHT (FOREIGN COUNTRIES) ORDER, 1959.

The Government, in exercise of the powers conferred on them by 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 section 11 of the Industrial and Commercial Property (Protection) (Amendment) Act, 1957 (No. 13 of 1957), and as adapted by section 2 of the Executive Powers (Consequential Provisions) Act, 1937 (No. 20 of 1937), hereby order as follows :—

1. This Order may be cited as the Copyright (Foreign Countries) Order, 1959.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order—

" the Act " means the Industrial and Commercial Property (Protection) Act, 1927 (No. 16 of 1927) ;

" countries of the Berne Union " means the countries which are parties to the Convention of the International Union for the Protection of Literary and Artistic Works signed at Berne on the 9th day of September, 1886, and revised at Paris on the 4th day of May, 1896, at Berlin on the 13th day of November, 1908, at Rome on the 2nd day of June, 1948, and at Brussels on the 26th day of June, 1948, and are specified in Part 1 of the First Schedule to this Order ;

" countries of the Universal Copyright Convention " means the countries which are parties to the Universal Copyright Convention signed at Geneva on the 6th day of September, 1952, and are specified in Part 2 of the First Schedule to this Order.

4. Subject to Articles 5, 6 and 7 of this Order, Part VI of the Act, as amended by the Industrial and Commercial Property (Protection) (Amendment) Act, 1929 (No. 13 of 1929), the Industrial and Commercial Property (Protection) (Amendment) Act, 1957 (No. 13 of 1957), and the Industrial and Commercial Property (Protection) (Amendment) Act, 1958 (No. 21 of 1958), shall apply to—

(a) works first published (whether before or after the making of this Order) in any of the countries of the Berne Union or of the Universal Copyright Convention, in like manner as if the works were first published within the State,

(b) published works (whether first published before or after the making of this Order) the authors of which were, at the time of the first publication thereof, subjects or citizens of any of the countries of the Berne Union or of the Universal Copyright Convention, in like manner as if the works were first published within the State,

(c) unpublished works the authors of which were, at the time of the making of the works, subjects or citizens of any of the countries of the Berne Union or of the Universal Copyright Convention, in like manner as if the authors were Irish citizens, and

(d) unpublished works the authors of which were, at the time of the making of the works, resident in any of the countries of the Berne Union or of the Universal Copyright Convention, in like manner as if the authors were resident in the State.

5. Copyright shall not subsist by virtue of this Order in any work by reason only of—

(a) the publication of the work in a country of the Berne Union before that country became a country of the Berne Union ;

(b) the publication of the work in a country of the Universal Copyright Convention (not being a country of the Berne Union) before—

(i) the 20th day of January, 1959, or

(ii) if such country became a country of the Universal Copyright Convention on or after the 20th day of January, 1959, and before the date of the making of this Order, the date on which it became a country of the Universal Copyright Convention ;

(c) in the case of a published work, the author of the work being, at the time of the first publication thereof, a subject or citizen of a country of the Berne Union or of the Universal Copyright Convention, except where the work was first published after—

(i) the date on which such country became a country of the Berne Union or of the Universal Copyright Convention, or

(ii) the 20th day of January, 1959, whichever date is the later.

6. Copyright subsisting by virtue only of this Order in a work to which section 169 of the Act relates shall not include the sole right to perform the work or any substantial part thereof in public, unless that sole right subsists in the work in the country in which the work was made.

7. Nothing in Part VI of the Act, as applied by this Order, shall be construed as reviving any right to make, or, restrain the making of, or any right in respect of, translations, if the right has ceased before the making of this Order.

8.—(1) The orders specified in the Second Schedule to this Order are hereby revoked.

(2) Where, by virtue of an order which is revoked by paragraph (1) of this Article, copyright subsisted in a work immediately before the making of this Order, copyright shall continue to subsist in the work as if the order had not been revoked.

FIRST SCHEDULE.

PART 1.

COUNTRIES OF THE BERNE UNION.

Australia, and territories of Papua, New Guinea and Nauru ; Norfolk Island.

Austria

Belgium, and Belgian Congo and Ruanda—Urundi

Brazil

Bulgaria

Canada

Czechoslovakia

Denmark

Finland

France, overseas territories and trust territories

Federal Republic of Germany

Greece

Holy See

Hungary

Iceland

India

Indonesia

Israel

Italy

Japan

Lebanon

Liechtenstein

Luxembourg

Monaco

Morocco

Netherlands and Surinam, Antilles and Dutch New Guinea

New Zealand and West Samoa.

Norway

Pakistan

Philippines

Poland

Portugal

Federation of Rhodesia and Nyasaland

Romania

Siam

Spain and Spanish colonies

Sweden

Switzerland

Tunisia

Turkey

Union of South Africa and South-West Africa

United Kingdom, the Isle of Man, the Channel Islands, British Colonies and Protectorates ; the Trust Territory of Tanganyika.

Yugoslavia

PART 2.

COUNTRIES OF THE UNIVERSAL COPYRIGHT CONVENTION.

Andorra

Argentina

Austria

Cambodia

Chile

Costa Rica

Cuba

Ecuador

France and overseas departments

Federal Republic of Germany and Land Berlin

Haiti

Holy See

Iceland

India

Israel

Italy

Japan

Laos

Liberia

Liechtenstein

Luxembourg

Mexico

Monaco

Pakistan

Portugal

Spain

Switzerland

United Kingdom

United States of America, territories and possessions

SECOND SCHEDULE.

ORDERS REVOKED.

GIVEN under the Official Seal of the Government, this 20th day of March, 1959.

ÉAMON DE VALÉRA,

Taoiseach.

EXPLANATORY NOTE.

This Order extends the benefit of Part VI of the Industrial and Commercial Property (Protection) Acts 1927 to 1958, which relates to copyright, to the countries of the Berne Union and the Universal Copyright Convention, as listed in the first schedule. It provides that works first published in any of these countries and the published works of subjects or citizens of these countries shall be protected as if they were works first published in the State. Unpublished works of authors who are subjects or citizens of, or resident in, these countries shall be protected as if the authors were subjects or citizens of the State, or resident in it.

The Order applies to works first published in countries of the Universal Copyright Convention on or after 20th January, 1959. Works of subjects or citizens of these countries or of countries of the Berne Union, which are first published outside the scheduled countries on or after the same date, are similarly protected. The Order does not apply to a work first published in a Berne Union Country before that country became a member of the Union.

Article 6 provides that copyright acquired by records under the Order does not include the sole right of public performance, if such right does not subsist in them in the country in which they were made.

All previous Orders made under section 175 of the Act are revoked, without prejudice to any copyright subsisting in works by reason of such Orders.