Page:Copyright Act 2021.pdf/154

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(ii) either—

(A) the author of the work has died and more than 50 years have passed since the end of the year in which the author died; or

(B) every author of the work has died and more than 50 years have passed since the end of the year in which the last author died; and

(d) where the material is a film, a sound recording or a recording of a protected performance—

(i) more than 50 years have passed since the film or recording was made; or

(ii) if the film or recording was made over a period—more than 50 years have passed since the end of that period.

Publication—publishing unpublished old authorial works in public collection

230.—(1) It is a permitted use of an authorial work (called in this section the old work) to publish another authorial work (called in this section the new work) that includes the old work (or any part of the old work) if—

(a) immediately before the new work is first published—

(i) the old work is unpublished old material in a public collection; and

(ii) the publisher of the new work does not know who owns the copyright in the old work; and

(b) before the new work is first published, the prescribed notice of intended publication is given.

(2) To avoid doubt, if—

(a) the first publication of the new work only includes part of the old work; and