Copyright Act, 1963
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Works of joint authorship. |
16.—(1) In this Act “work of joint authorship” means a work produced by the collaboration of two or more authors in which the contribution of each author is not separate from the contribution of the other author or authors. | |
(2) In relation to a work of joint authorship, the references to the author in subsections (1) and (2) of section 8, in subsections (2) and (3) of section 9 , and in paragraph (b) of subsection (2) of section 15 of this Act shall be construed as references to any one or more of the authors. | ||
(3) In relation to a work of joint authorship, other than a work to which the next following section applies, references to the author in subsection (4) of section 8 and in subsection (5) of section 9 of this Act shall be construed as references to the author who died last. | ||
(4) (a) This subsection applies to any work of joint authorship which was first published under two or more names— | ||
(i) of which one or more (but not all) were pseudonyms, or | ||
(ii) all of which were pseudonyms, if, at any time within the period of fifty years from the end of the calendar year in which the work was first published, it is possible for a person without previous knowledge of the facts to ascertain the identity of any one or more (but not all) of the authors by reasonable enquiry | ||
(b) In relation to a work to which this subsection applies, references to the author in subsection (4) of section 8 and in subsection (5) of section 9 of this Act shall be construed as references to the author whose identity was disclosed, or, if the identity of two or more of the authors was disclosed, to that one of those authors who died last. | ||
(c) For the purposes of this subsection the identity of an author shall be taken to have been disclosed if either— | ||
(i) in his case, the name under which the work was published was not a pseudonym, or | ||
(ii) it is possible to ascertain his identity as mentioned in subparagraph (ii) of paragraph (a) of this subsection. | ||
(5) (a) This subsection applies, in the case of a work, to any person such that, if he had been the sole author of the work, copyright would not have subsisted in the work under this Part of this Act. | ||
(b) In relation to a work of joint authorship of which one or more of the authors are persons to whom this subsection applies, subsection (1) of section 10 of this Act shall have effect as if the author or authors, other than persons to whom this subsection applies, had been the sole author or (as the case may be) sole authors of the work. | ||
(6) In paragraph (e) of subsection (5) of section 12 of this Act, the reference to not more than one other excerpt from works by the author of the passage in question— | ||
(a) shall be taken to include a reference to excerpts from works by the author of that passage in collaboration with any other person, or | ||
(b) if the passage in question is from a work of joint authorship, shall be taken to include a reference to excerpts from works by any one or more of the authors of that passage, or by any one or more of those authors in collaboration with any other person. | ||
(7) Subject to the provisions of this section of this Act, any reference in this Act to the author of a work shall (unless it is otherwise expressly provided) be construed, in relation to a work of joint authorship as a reference to all the authors of the work. |