Volume 111, Issue 59A
Royal Gazette
21 December 2537
Section39.The taking of a picture, or shooting of a film, or transmission of a picture of any work in which any artistic work is included as a component shall not be deemed to be an infringement of the copyright in such artistic work.
Section40.In the event that the ownership of the copyright in any artistic work is shared by another person than the author, an act by which the same author subsequently produces such artistic work again in a manner that constitutes a reproduction of certain parts of the original artistic work, or that uses a printing form, sketch, diagram, model, or data obtained from a study, once used in the production of the original artistic work, shall not be deemed to be an infringement of the copyright in such artistic work, if it appears that the author does not reproduce, or copy the form of, any essential part of the original artistic work.
Section41.As regards any building which is a work of architecture copyrighted under this Act, the restoration of such building in the same form shall not be deemed to be an infringement of the copyright.
Section42.In the event that the term of protection of the copyright in any film has already terminated, it shall not be deemed that the communication of such film to the public is an infringement of the copyright in the literary works, dramatic works, artistic works, musical works, audiovisual works, sound recordings, or [other] works used in the making of that film.
Section43.The reproduction for the sake of the performance of an official function, by a public officer empowered by a law or by virtue of an order of the said public officer, of a work which is copyrighted under this Act and is in the possession of an official agency, shall not be deemed to be an infringement of the copyright, if section 32, paragraph 1, is abided by.
Section44.A performer does have the exclusive right to conduct the following acts in relation to his own performance:
(1)the transmission of the sound and picture of or the communication to the public of a performance, save the transmission of the sound and picture of or communication to the public of an already recorded performance from a performance recording;[1]
(2)the recording of a performance which has not yet been recorded;
(3)the reproduction of a performance recording which has been made by someone without having obtained the permission of the performer, or a performance recording which has been permitted for a different purpose, or a performance recording which falls within the exceptions to infringement of performers' rights under section 53.
- ↑ Literally, "the transmission of the sound and picture of or communication to the public from a performance recording which has already been recorded".
